UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 6-K
Report of Foreign Private Issuer
Pursuant to Rule 13a-16 or 15d-16 of
the Securities Exchange Act of 1934
For the month of April, 2011
Commission File Number 1-10928
INTERTAPE POLYMER GROUP INC.
9999 Cavendish Blvd., Suite 200, Ville St. Laurent, Quebec, Canada, H4M 2X5
Indicate by check mark whether the registrant files or will file annual reports under cover of Form 20-F or Form 40-F: Form 20-F X Form 40-F _____
Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(1): __________
Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(7): __________
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.
INTERTAPE POLYMER GROUP INC.
Date: April 22, 2011
By: /s/ Burgess H. Hildreth
Burgess H. Hildreth, Senior Vice President
Administration
ORLDOCS 12090270 1
June 18, 2008
VIA TELECOPY (941) 727-5293
Intertape Polymer Corp.
IPG (US) Holdings
IPG (US) Inc.
Intertape Polymer, Inc.
ECP GP II Inc.
ECP L.P.
Intertape Polymer Group Inc.
Intertape Polymer US Inc.
IPG Financial Services Inc.
IPG Holdings LP
Spuntech Fabrics Inc.
Polymer International Corp.
3647 Cortez Road West
Bradenton, FL 34210
Attn: Victor DiTommaso, CFA
Re:
First Amendment to Loan and Security Agreement
Ladies and Gentlemen:
Reference is made to that certain Loan and Security Agreement dated March 28, 2008 (as at any time amended, restated, modified or supplemented, the "Loan Agreement"), among Intertape Polymer Corp., a Delaware corporation ("Intertape"); IPG (US) Holdings Inc., a Delaware corporation ("Holdings"); IPG (US) Inc., a Delaware corporation ("IPG US"), and together with Intertape and Holdings (collectively, "U.S. Borrowers," and each a "U.S. Borrower"), Intertape Polymer Inc., a corporation organized under the Canada Business Corporations Act ("Canadian Borrower"); certain affiliates and subsidiaries party thereto from time to time as guarantors ("Guarantors"); the financial institutions party thereto from time to time as lenders (collectively, "Lenders"); JPMorgan Chase Bank, N.A., a national banking association and Wachovia Bank, National Association, a national banking association, as co-documentation agents (collectively, "Co-Documentation Agents"); and Bank of America, N.A., a national banking association, in its capacity as collateral agent and administrative agent for Lenders (together with its successors in such capacity, "Agent"). Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed to such terms in the Loan Agreement.
Borrowers have requested that Agent and Lenders modify certain provisions of the Loan Agreement relating to the EXXON Inventory Conditions, and Agent and Lenders are willing to do so, subject to the terms and on the conditions contained herein.
NOW, THEREFORE, for and in consideration of TEN DOLLARS ($10.00) in hand paid and other good and valuable consideration, the receipt and sufficiency of which are hereby severally acknowledged, the parties hereto, intending to be legally bound hereby, agree as follows:
1.
Amendment to Loan Agreement. The Loan Agreement is hereby amended by deleting in its entirety the last paragraph of Section 8.3.3(b)(ii) of the Loan Agreement and by substituting the following in lieu thereof:
For purposes hereof, "EXXON Inventory Conditions" means (i) on or before May 30, 2008, Obligors shall have either caused to be terminated any UCC financing statements that are in existence on the Closing Date in favor of EXXON Mobil with respect to the EXXON Inventory or obtained a Lien subordination and intercreditor agreement from EXXON Mobil in favor of Agent acceptable to Agent in its discretion, and (ii) if Obligors fail to satisfy clause (i) above on or before May 30, 2008, Agent shall have established an Availability Reserve in an amount equal to 1.00 times the amount of the payables owing by Obligors to EXXON Mobil on any date of determination; provided, that if Obligors elect to terminate their existing consignment agreement with EXXON Mobil and any related UCC financing statements, then Agent shall establish an Availability Reserve (to the extent not previously established) equal to 1.00 times the amount of the payables owing by Obligors to EXXON Mobil, and such Availability Reserve shall remain outstanding no less than 90 days after the date of the termination of such agreement.
2.
No Novation, etc. The parties hereto acknowledge and agree that, except as set forth herein, nothing in this letter amendment shall be deemed to amend or modify any provision of the Loan Agreement or any of the other Loan Documents, each of which shall remain in full force and effect. This letter amendment is not intended to be, nor shall it be construed to create, a novation or accord and satisfaction, and the Loan Agreement as herein modified shall continue in full force and effect.
3.
Acknowledgments and Stipulations; Representation and Warranties. By their signature below, each of the Borrowers hereby: (a) ratifies and reaffirms the Obligations, each of the Loan Documents and all of such Borrowers' covenants, duties, indebtedness and liabilities under the Loan Documents; (b) acknowledges and stipulates that (i) the Loan Agreement and the other Loan Documents executed by such Borrower are legal, valid and binding obligations of such Borrower that are enforceable against such Borrower in accordance with the terms thereof, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law, (ii) all of the Obligations of Borrower are owing and payable without defense, offset or counterclaim (and to the extent there exists any such defense, offset or counterclaim on the date hereof, the same is hereby waived by such Borrower), and (iii) the security interests and Liens granted by Borrowers in favor of Agent are duly perfected, first priority security interests and Liens; and (c) represents and warrants to Agent and Lenders, to induce Agent and Lenders to enter into this letter amendment, that (i) no Default of Event of Default exists on the date hereof, (ii) the execution, delivery and performance of this letter amendment have been duly authorized by all requisite corporate or limited liability company action on the part of such Borrower, and (iii) all of the representations and warranties made by such Borrower in the Loan Agreement and the other Loan Documents are true and correct in all material respects on and as of the date hereof, except to the extent that any such representation or warranty is stated to relate to an earlier date, in which case such representation or warranty shall be true and correct in all material respects on and as of such earlier date.
4.
Miscellaneous. Upon the effectiveness of this letter amendment, each reference in the Loan Agreement to "this agreement," "hereunder," or words of like impart shall mean and be a reference to the Loan Agreement, as amended by this letter amendment. This letter amendment shall be governed by and construed in accordance with the internal laws of the State of New York, without regard to conflict of law principles (other than section 5-1401 of the New York General Obligation Law and federal law relating to national banks). This letter amendment shall be binding upon and inure to the benefit of the Borrowers, Guarantors, Agent, Co-Documentation Agent, each Lender, and their respective successors and assigns. This letter amendment may be executed in any number of counterparts and by different parties to this letter amendment on separate counterparts, each of which when so executed, shall be deemed an original, but all such counterparts shall constitute one and the same agreement. Any signature delivered by a party by facsimile transmission shall be deemed to be an original signature hereto. Each Borrower agrees to take such further actions as Agent and Lenders shall reasonably request from time to time in connection herewith to evidence or give effect to the amendments set forth herein or any of the transactions contemplated hereby. To the fullest extent permitted by Applicable Law, each of the parties hereto hereby waives the right to trial by jury in any action, suit, counterclaim or proceeding arising out of or related to this letter amendment.
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IN WITNESS WHEREOF, the parties hereto have caused this letter amendment to be duly executed under seal and delivered by their respective duly authorized officers on the date first written above.
Very truly yours,
BANK OF AMERICA, N.A., as Agent and a U.S. Lender By: /s/ Seth Benefield Name: Seth Benefield Title: Senior Vice President |
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Letter Amendment (June 2008)
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Letter Amendment (June 2008)
CANADIAN BORROWER: INTERTAPE POLYMER INC. By: /s/ Burgess H. Hildreth Name: Burgess H. Hildreth Title: Vice President |
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Letter Amendment (June 2008)
GUARANTORS: ECP GP II INC. By: /s/ Burgess H. Hildreth Name: Burgess H. Hildreth Title: Vice President |
ECP L.P. By: ECP GP II Inc., General Partner By: /s/ Burgess H. Hildreth Name: Burgess H. Hildreth Title: Vice President | |
INTERTAPE POLYMER GROUP INC. By: /s/ Burgess H. Hildreth Name: Burgess H. Hildreth Title: Vice President | |
INTERTAPE POLYMER US INC. By: /s/ Burgess H. Hildreth Name: Burgess H. Hildreth Title: Vice President | |
IPG FINANCIAL SERVICES INC. By: /s/ Burgess H. Hildreth Name: Burgess H. Hildreth Title: Vice President |
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Letter Amendment (June 2008)
IPG HOLDINGS LP By: Intertape Polymer Inc., General Partner By: /s/ Burgess H. Hildreth Name: Burgess H. Hildreth Title: Vice President |
SPUNTECH FABRICS INC. By: /s/ Burgess H. Hildreth Name: Burgess H. Hildreth Title: Vice President | |
POLYMER INTERNATIONAL CORP. By: /s/ Burgess H. Hildreth Name: Burgess H. Hildreth Title: President |
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Letter Amendment (June 2008)
LENDERS: BANK OF AMERICA, N.A. (acting through its Canada branch), as a Canadian Lender By: /s/ Medina Sales de Andrade Name: Medina Sales de Andrade Title: Vice President |
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Letter Amendment (June 2008)
CAPITAL ONE LEVERAGE FINANCE CORP., as a U.S. Lender By: /s/Todd Kemme Name: Todd Kemme Title: Vice President |
Letter Amendment (June 2008)
COMERICA BANK, as a U.S. Lender and a Canadian Lender By: /s/ Larry S. Yamamoto Name: Larry S. Yamamoto Title: Vice President, Corporate Finance |
Letter Amendment (June 2008)
JPMORGAN CHASE BANK, N.A., as a U.S. Lender and a Co-Documentation Agent By: /s/ Barry Walsh Name: Barry Walsh Title: Vice President |
Letter Amendment (June 2008)
JPMORGAN CHASE BANK, N.A., TORONTO BRANCH, as a Canadian Lender By: /s/ Barry Walsh Name: Barry Walsh Title: Vice President |
Letter Amendment (June 2008)
LLOYDS TSB COMMERCIAL FINANCE LIMITED, as a U.S. Lender By: /s/ Jeremy Harrison Name: Jeremy Harrison – VP – ABL Lloyds TSB Commercial Finance LTD 1251 Avenue of the Americas 39th Floor New York, New York 10020 |
Letter Amendment (June 2008)
REGIONS BANK, as a U.S. Lender By: /s/ Catherine A. Cowan Name: Catherine A. Cowan Title: Senior Vice President |
Letter Amendment (June 2008)
U.S. BANK, NATIONAL ASSOCIATION, as a U.S. Lender By: /s/ Carolyn M. Rooney Name: Carolyn M. Rooney Title: Vice President |
Letter Amendment (June 2008)
U.S. BANK, NATIONAL ASSOCIATION, as a Canadian Lender By: /s/ Kevin Jephcott Name: Kevin Jephcott Title: Principal Officer |
Letter Amendment (June 2008)
WACHOVIA BANK, NATIONAL ASSOCIATION, as a U.S. Lender and a Co-Documentation Agent By: /s/ Josephine Norris Name: Josephine Norris Title: Director |
Letter Amendment (June 2008)
WACHOVIA CAPITAL FINANCE CORPORATION (CANADA), as a Canadian Lender By: /s/ Niall Hamilton Name: Niall Hamilton Title: Senior Vice President Wachovia Capital Finance Corporation (Canada) |
ORLDOCS 12148022 1
Letter Amendment (June 2008)
SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT
This SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT (this "Amendment") is made and entered into on March 23, 2011, by and among INTERTAPE POLYMER CORP., a Delaware corporation ("Intertape"); IPG (US) HOLDINGS INC., a Delaware corporation ("Holdings"); IPG (US) INC., a Delaware corporation ("IPG US"; together with Intertape and Holdings, collectively, "U.S. Borrowers" and each individually, a "U.S. Borrower"); INTERTAPE POLYMER INC., a corporation organized under the Canada Business Corporations Act ("Canadian Borrower"; together with U.S. Borrowers, collectively, "Borrowers" and each individually, a "Borrower"); certain affiliates and subsidiaries of Borrowers as guarantors (collectively, "Guarantors"; together with Borrowers, collectively, "Obligors" and each individually an "Obligor"); BANK OF AMERICA, N.A., a national banking association, in its capacity as collateral agent and administrative agent (together with its successors in such capacity, "Agent") for various financial institutions party hereto (collectively, "Lenders"); and the Lenders.
Recitals:
Obligors, Lenders and Agent are parties to a certain Loan and Security Agreement dated March 28, 2008 (as at any time amended, restated, supplemented or otherwise modified, the "Loan Agreement"), pursuant to which Agent and Lenders have made loans and other extensions of credit to Borrowers, which loans and extensions of credit are secured by security interests in and liens upon all or substantially all of the assets of Borrowers.
The parties desire to amend the Loan Agreement as hereinafter set forth.
NOW, THEREFORE, for TEN DOLLARS ($10.00) in hand paid and other good and valuable consideration, the receipt and sufficiency of which are hereby severally acknowledged, the parties hereto, intending to be legally bound hereby, agree as follows:
1.
Definitions. All capitalized terms used in this Amendment, unless otherwise defined herein, shall have the meaning ascribed to such terms in the Loan Agreement.
2.
Amendments to Loan Agreement. The Loan Agreement is hereby amended as follows:
(a)
By adding the following new definition of "IFRS" to Section 1.1 of the Loan Agreement in appropriate alphabetical sequence:
IFRS: the principles based set of standards, interpretations, and framework adopted and promulgated by the International Accounting Standards Board (IASB) and commonly known as International Financial Reporting Standards.
(b)
By deleting the definition of "GAAP" from Section 1.1 of the Loan Agreement in its entirety, and by substituting the following new definition in lieu thereof:
GAAP: generally accepted accounting principles in effect in the United States or Canada from time to time, it being understood that Canadian GAAP requires Obligors to adopt IFRS and Obligors have elected to adopt IFRS beginning with the financial statements to be delivered by Obligors for the Fiscal Month ended on or about January 31, 2011.
3.
Ratification and Reaffirmation. Each Obligor hereby ratifies and reaffirms the Obligations, each of the Loan Documents and all of such Obligor's covenants, duties, indebtedness and liabilities under the Loan Documents to which it is a party.
4.
Acknowledgments and Stipulations. Each Obligor acknowledges and stipulates that the Loan Agreement and the other Loan Documents executed by such Obligor are legal, valid and binding obligations of such Obligor that are enforceable against such Obligor in accordance with the terms thereof; all of the Obligations are owing and payable without defense, offset or counterclaim (and to the extent there exists any such defense, offset or counterclaim on the date hereof, the same is hereby waived by such Obligor); the security interests and liens granted by such Obligor in favor of Agent are duly perfected, first priority security interests and Liens; and, as of the opening of business on March 14, 2011, the unpaid principal amount of the Revolver Loans totaled $90,985,736.44 and the LC Obligations totaled $2,594,000.00. Agent and Lenders acknowledge that, except for the amendments contained in Section 2 of this Amendment, no other changes to the Loan Agreement are required in connection with Obligors' adoption of IFRS.
5.
Representations and Warranties. Each Obligor represents and warrants to Agent and Lenders, to induce Agent and Lenders to enter into this Amendment, that no Default or Event of Default exists on the date hereof; the execution, delivery and performance of this Amendment have been duly authorized by all requisite company action on the part of such Obligor and this Amendment has been duly executed and delivered by such Obligor; all of the representations and warranties made by such Obligor in the Loan Agreement are true and correct on and as of the date hereof; and, as of the date hereof, no Obligor has any claim or cause of action of any kind or nature against Agent, any Lender, Lead Arranger, or any officers, directors, agents, employees, successors and assigns of Agent, any Lender or Lead Arranger, whether absolute or contingent, disputed or undisputed, at law or in equity, which arise out of or in connection with any of the Loan Documents or otherwise.
6.
Reference to Loan Agreement. Upon the effectiveness of this Amendment, each reference in the Loan Agreement to "this Agreement," "hereunder," or words of like import shall mean and be a reference to the Loan Agreement, as amended by this Amendment.
7.
Breach of Amendment. This Amendment shall be part of the Loan Agreement and a breach of any representation, warranty or covenant herein shall constitute an Event of Default.
8.
Conditions Precedent. The effectiveness of the amendments contained in Section 2 hereof are subject to the satisfaction, on or before the date hereof, of all of the following conditions precedent in form and substance satisfactory to Agent and Merrill Lynch, Pierce, Fenner & Smith Incorporated ("Lead Arranger"):
(a)
Agent's receipt of this Amendment, duly executed and delivered by each Obligor; the Required Lenders and the Required Borrower Group Lenders with respect to U.S. Borrowers and Canadian Borrower;
(b)
No Default or Event of Default shall exist on the date hereof; and
(c)
Agent's receipt of such other documents and instruments as Agent may reasonably request.
9.
Expenses of Agent. In consideration of each Lender's willingness to enter into this Amendment and grant the accommodations set forth herein, Borrowers hereby jointly and severally agree to pay to Agent, for the benefit of the Lenders party hereto, on demand, all costs and expenses incurred by Agent and Lead Arranger in connection with the preparation, negotiation, enforcement and execution of, and due diligence with respect to, this Amendment and any other Loan Documents executed pursuant hereto and any and all amendments, modifications, and supplements thereto, including, without limitation, the costs and fees of Agent's legal counsel and any taxes or expenses associated with or incurred in connection with any instrument or agreement referred to herein or contemplated hereby.
10.
Effectiveness; Governing Law. This Amendment shall be effective upon acceptance by Agent in Atlanta, Georgia (notice of which acceptance is hereby waived), whereupon the same shall be governed by and construed in accordance with the internal laws of the state of New York.
11.
Successors and Assigns. This Amendment shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
12.
No Novation, etc. Except as otherwise expressly provided in this Amendment, nothing herein shall be deemed to amend or modify any provision of the Loan Agreement or any of the other Loan Documents, each of which shall remain in full force and effect. This Amendment is not intended to be, nor shall it be construed to create, a novation or accord and satisfaction, and the Loan Agreement as herein modified shall continue in full force and effect.
13.
Counterparts; Electronic Signatures. This Amendment may be executed in any number of counterparts and by different parties to this Amendment on separate counterparts, each of which, when so executed, shall be deemed an original, but all such counterparts shall constitute one and the same agreement. Any manually executed signature page delivered by a party hereto by facsimile or other electronic transmission shall be deemed to be an original signature page hereto.
14.
Further Assurances. Each Obligor agrees to take such further actions as Agent and Lenders shall reasonably request from time to time in connection herewith to evidence or give effect to the amendments set forth herein or any of the transactions contemplated hereby.
15.
Section Titles. Section titles and references used in this Amendment shall be without substantive meaning or content of any kind whatsoever and are not a part of the agreements among the parties hereto.
16.
Reserved.
17.
Waiver of Jury Trial. To the fullest extent permitted by applicable law, the parties hereto each hereby waives the right to trial by jury in any action, suit, counterclaim or proceeding arising out of or related to this Amendment.
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed under seal in and delivered by their respective duly authorized officers on the date first written above.
U.S. BORROWERS:
INTERTAPE POLYMER CORP.
By:
/s/ Bernard J. Pitz
Name:
Bernard J. Pitz
Title:
VP Finance
IPG (US) HOLDINGS INC.
By:
/s/ Bernard J. Pitz
Name:
Bernard J. Pitz
Title:
VP Finance and Secretary
IPG (US) INC.
By:
/s/ Bernard J. Pitz
Name:
Bernard J. Pitz
Title:
VP Finance and Secretary
CANADIAN BORROWER:
INTERTAPE POLYMER INC.
By:
/s/ Bernard J. Pitz
Name:
Bernard J. Pitz
Title:
VP Finance
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Second Amendment to Loan and Security Agreement
GUARANTORS:
ECP GP II INC.
By:
/s/ Bernard J. Pitz
Name:
Bernard J. Pitz
Title:
VP and Asst. Secretary
ECP L.P.
By: ECP GP II Inc., General Partner
By:
/s/ Bernard J. Pitz
Name:
Bernard J. Pitz
Title:
VP and Asst. Secretary
INTERTAPE POLYMER GROUP INC.
By:
/s/ Bernard J. Pitz
Name:
Bernard J. Pitz
Title:
CFO
INTERTAPE POLYMER US INC.
By:
/s/ Bernard J. Pitz
Name:
Bernard J. Pitz
Title:
VP Finance and Treasurer
IPG FINANCIAL SERVICES INC.
(merged into Intertape Polymer Corp. 12/31/09)
By:
/s/ Bernard J. Pitz
Name:
Bernard J. Pitz
Title:
VP Finance
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Second Amendment to Loan and Security Agreement
IPG HOLDINGS LP
By: Intertape Polymer Inc., General Partner
By:
/s/ Bernard J. Pitz
Name:
Bernard J. Pitz
Title:
VP Finance
SPUNTECH FABRICS INC.
By:
/s/ Bernard J. Pitz
Name:
Bernard J. Pitz
Title:
President
POLYMER INTERNATIONAL CORP.
By:
/s/ Bernard J. Pitz
Name:
Bernard J. Pitz
Title:
VP Finance
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Second Amendment to Loan and Security Agreement
AGENT AND LENDERS:
BANK OF AMERICA, N.A.,
as Agent
By:
/s/ Seth Benefield
Name:
Seth Benefield
Title:
Senior Vice President
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Second Amendment to Loan and Security Agreement
CAPITAL ONE LEVERAGE
FINANCE CORP., as a Lender
By:
/s/ Todd Kemme
Name:
Todd Kemme
Title:
Vice President
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Second Amendment to Loan and Security Agreement
COMERICA BANK, as a Lender
By:
/s/ Larry S. Yamamoto
Name:
Larry S. Yamamoto
Title:
Vice President
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Second Amendment to Loan and Security Agreement
JPMORGAN CHASE BANK, N.A., as a U.S. Lender
By:
/s/ Katherine Cliffel
Name:
Katherine Cliffel
Title:
Vice President
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Second Amendment to Loan and Security Agreement
JPMORGAN CHASE BANK, N.A., TORONTO
BRANCH, as a Canadian Lender
By:
/s/ Steve Voigt
Name:
Steve Voigt
Title:
Senior Vice President
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Second Amendment to Loan and Security Agreement
LLOYDS TSB BANK PLC. as a Lender
By:
/s/ Mia Raznatovic
Name:
Mia Raznatovic
Title:
Senior Vice President
R005
LLOYDS TSB BANK, PLC as a Lender
By:
/s/ Paul Briamonte
B374
Name:
Paul Briamonte
Title:
Head of Credit
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Second Amendment to Loan and Security Agreement
REGIONS BANK, as a Lender
By:
/s/ Catherine A. Cowan
Name:
Catherine A. Cowan
Title:
Senior Vice President
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Second Amendment to Loan and Security Agreement
SIEMENS FINANCIAL
SERVICES, INC., as a Lender
By:
/s/ Uri Sky
Name:
Uri Sky
Title:
Vice President Credit
SIEMENS FINANCIAL
SERVICES, INC., as a Lender
By:
/s/ Anthony Casciano
Name:
Anthony Casciano
Title:
Managing Director
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Second Amendment to Loan and Security Agreement
U.S. BANK NATIONAL ASSOCIATION, as a U.S.
Lender
By:
/s/ Jeffrey S. Gruender
Name:
Jeffrey S. Gruender
Title:
V.P. US Bank
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Second Amendment to Loan and Security Agreement
U.S. BANK NATIONAL ASSOCIATION, as a
Canadian Lender
By:
/s/ Joseph Rauhala
Name:
Joseph Rauhala
Title:
Principal Officer
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Second Amendment to Loan and Security Agreement
WELLS FARGO BANK,
NATIONAL ASSOCIATION, as a U.S. Lender
By:
/s/ Reza Sabahi
Name:
Reza Sabahi
Title:
Authorized Signatory
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Second Amendment to Loan and Security Agreement
WELLS FARGO CAPITAL FINANCE
CORPORATION CANADA, as a Canadian Lender
By:
/s/ Reza Sabahi
Name:
Reza Sabahi
Title:
Authorized Signatory
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Second Amendment to Loan and Security Agreement
BANK OF AMERICA, N.A.,
as a U.S. Lender
By:
/s/ Seth Benefield
Name:
Seth Benefield
Title:
SVP
BANK OF AMERICA, N.A. (acting through its
Canada branch), as a Canadian Lender
By:
Name:
Title:
Second Amendment to Loan and Security Agreement
BANK OF AMERICA, N.A.,
as a U.S. Lender
By:
Name:
Title:
BANK OF AMERICA, N.A. (acting through its
Canada branch), as a Canadian Lender
By:
/s/ Medina Sales de Andrade
Name:
Medina Sales de Andrade
Title:
Vice President
Second Amendment to Loan and Security Agreement