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As Of Filer Filing For·On·As Docs:Size Issuer Agent 8/20/14 Axalta Coating Systems Ltd. S-1 69:14M RR Donnelley/FA |
Document/Exhibit Description Pages Size
1: S-1 Registration Statement (General Form) HTML 2.71M
2: EX-2.1 Plan of Acquisition, Reorganization, Arrangement, HTML 701K
Liquidation or Succession
3: EX-2.2 Plan of Acquisition, Reorganization, Arrangement, HTML 53K
Liquidation or Succession
4: EX-4.1 Instrument Defining the Rights of Security Holders HTML 708K
12: EX-4.10 Instrument Defining the Rights of Security Holders HTML 46K
13: EX-4.11 Instrument Defining the Rights of Security Holders HTML 740K
14: EX-4.13 Instrument Defining the Rights of Security Holders HTML 33K
15: EX-4.14 Instrument Defining the Rights of Security Holders HTML 43K
16: EX-4.15 Instrument Defining the Rights of Security Holders HTML 36K
17: EX-4.16 Instrument Defining the Rights of Security Holders HTML 55K
18: EX-4.17 Instrument Defining the Rights of Security Holders HTML 35K
19: EX-4.18 Instrument Defining the Rights of Security Holders HTML 35K
20: EX-4.19 Instrument Defining the Rights of Security Holders HTML 34K
21: EX-4.20 Instrument Defining the Rights of Security Holders HTML 47K
5: EX-4.3 Instrument Defining the Rights of Security Holders HTML 33K
6: EX-4.4 Instrument Defining the Rights of Security Holders HTML 43K
7: EX-4.5 Instrument Defining the Rights of Security Holders HTML 36K
8: EX-4.6 Instrument Defining the Rights of Security Holders HTML 55K
9: EX-4.7 Instrument Defining the Rights of Security Holders HTML 34K
10: EX-4.8 Instrument Defining the Rights of Security Holders HTML 34K
11: EX-4.9 Instrument Defining the Rights of Security Holders HTML 33K
22: EX-10.1 Material Contract HTML 1.00M
31: EX-10.10 Material Contract HTML 179K
32: EX-10.11 Material Contract HTML 55K
33: EX-10.12 Material Contract HTML 70K
34: EX-10.13 Material Contract HTML 76K
35: EX-10.14 Material Contract HTML 102K
36: EX-10.15 Material Contract HTML 138K
37: EX-10.16 Material Contract HTML 144K
38: EX-10.17 Material Contract HTML 70K
39: EX-10.18 Material Contract HTML 57K
40: EX-10.19 Material Contract HTML 71K
23: EX-10.2 Material Contract HTML 26K
41: EX-10.20 Material Contract HTML 125K
42: EX-10.21 Material Contract HTML 111K
43: EX-10.22 Material Contract HTML 109K
44: EX-10.23 Material Contract HTML 114K
45: EX-10.24 Material Contract HTML 114K
46: EX-10.25 Material Contract HTML 116K
47: EX-10.26 Material Contract HTML 122K
48: EX-10.27 Material Contract HTML 100K
49: EX-10.28 Material Contract HTML 101K
50: EX-10.29 Material Contract HTML 110K
24: EX-10.3 Material Contract HTML 78K
51: EX-10.30 Material Contract HTML 111K
52: EX-10.31 Material Contract HTML 121K
53: EX-10.32 Material Contract HTML 110K
54: EX-10.33 Material Contract HTML 111K
55: EX-10.34 Material Contract HTML 61K
56: EX-10.35 Material Contract HTML 60K
57: EX-10.36 Material Contract HTML 86K
58: EX-10.37 Material Contract HTML 87K
59: EX-10.38 Material Contract HTML 75K
60: EX-10.39 Material Contract HTML 167K
25: EX-10.4 Material Contract HTML 130K
61: EX-10.40 Material Contract HTML 160K
62: EX-10.41 Material Contract HTML 110K
63: EX-10.42 Material Contract HTML 104K
64: EX-10.43 Material Contract HTML 163K
65: EX-10.44 Material Contract HTML 155K
66: EX-10.45 Material Contract HTML 111K
67: EX-10.46 Material Contract HTML 105K
26: EX-10.5 Material Contract HTML 138K
27: EX-10.6 Material Contract HTML 31K
28: EX-10.7 Material Contract HTML 31K
29: EX-10.8 Material Contract HTML 95K
30: EX-10.9 Material Contract HTML 80K
68: EX-21.1 Subsidiaries of the Registrant HTML 22K
69: EX-23.2 Consent of Experts or Counsel HTML 18K
| EX-10.2 |
Exhibit 10.2
AMENDMENT NO. 1 AGREEMENT, dated as of May 24, 2013 (this “Amendment”), to the Credit Agreement dated as of February 1, 2013 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among FLASH DUTCH 2 B.V., a private limited liability company (besloten vennootschap met beperkte aansprakelijkheid) organized and established under the laws of the Netherlands, (the “Dutch Borrower”), AXALTA COATING SYSTEMS U.S. HOLDINGS, INC. (as successor in interest to U.S. Coatings Acquisition Inc.), a corporation organized under the laws of Delaware (the “U.S. Borrower” and together with the Dutch Borrower, collectively, the “Borrowers”), AXALTA COATING SYSTEMS U.S., INC. (as successor in interest to Coatings Co. U.S. Inc.), a corporation organized under the laws of Delaware (“U.S. Holdings”), FLASH DUTCH 1 B.V., a private limited liability company (besloten vennootschap met beperkte aansprakelijkheid) organized and established under the laws of the Netherlands, (“Holdings”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), BARCLAYS BANK PLC, as Administrative Agent, Collateral Agent, Swing Line Lender and L/C Issuer and the other parties thereto. Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed to them in the Credit Agreement.
WHEREAS, Section 10.01 of the Credit Agreement provides that the Credit Agreement and any other Loan Documents may be waived, amended, supplemented or modified with the consent of the Borrowers and the Administrative Agent to cure a defect, error or omission of a technical nature;
WHEREAS, the Borrowers and the Administrative Agent desire to amend the Credit Agreement and the Security Agreement, for the avoidance of doubt, to cure a possible defect, error or omission of a technical nature on the terms set forth herein;
NOW, THEREFORE, in consideration of the premises contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound hereby, agree as follows:
Section 1. Amendments.
(a) Section 6.01(a) of the Credit Agreement is hereby amended by adding immediately following the phrase “a consolidated balance sheet of the Dutch Borrower and its Subsidiaries”, the phrase “(or, for the avoidance of doubt, solely in the case of the fiscal year ended December 31, 2012, the carve-out financials for DuPont Performance Coatings)”;
(b) Schedule 5.08(b) is hereby amended as set forth in Exhibit A hereto; and
(c) Schedule 5.16 and Schedule III to the Security Agreement are each hereby amended as set forth in Exhibit B hereto.
Section 2. Effectiveness. Section 1 of this Amendment shall become effective on the date that the Administrative Agent shall have received this Amendment, duly executed by the Borrowers and the Administrative Agent.
Section 3. Counterparts. This Amendment may be executed in any number of counterparts and by the different parties hereto on separate counterparts, each of which when
so executed and delivered shall be deemed to be an original, but all of which when taken together shall constitute a single instrument. Delivery of an executed counterpart of a signature page of this Amendment by facsimile transmission shall be effective as delivery of a manually executed counterpart hereof.
Section 4. Applicable Law. THIS AMENDMENT SHALL BE GOVERNED BY, AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK.
Section 5. Headings. The headings of this Amendment are for purposes of reference only and shall not limit or otherwise affect the meaning hereof.
Section 6. Effect of Amendment. Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, the Administrative Agent or the L/C Issuers, in each case under the Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of either such agreement or any other Loan Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Loan Document (for avoidance of doubt, in each case, as altered, modified or amended as expressly set forth herein) is hereby ratified and reaffirmed in all respects and shall continue in full force and effect.
-2-
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed by their respective authorized officers as of the day and year first above written.
| FLASH DUTCH 2 B.V., as Dutch Borrower | ||
| By: | /s/ Marco Besseling | |
| Name: Marco Besseling | ||
| Title: Managing Director A | ||
| By: | ||
| Name: Annemiek Schriek-Van Leuven | ||
| Title: Managing Director B | ||
| AXALTA COATING SYSTEMS U.S. HOLDINGS, INC., as U.S. Borrower | ||
| By: | /s/ Robert W. Bryant | |
| Name: Robert W. Bryant | ||
| Title: Treasurer | ||
[Signature Page to Amendment]
| BARCLAYS BANK PLC, as Administrative Agent | ||
| By: | ||
| Name: Vanessa A. Kurbatskiy | ||
| Title: Vice President | ||
[Signature Page to Amendment]
| This ‘S-1’ Filing | Date | Other Filings | ||
|---|---|---|---|---|
 | ||||
| Filed on: | 8/20/14 | None on these Dates | ||
| 5/24/13 | ||||
| 2/1/13 | ||||
| 12/31/12 | ||||
| List all Filings | ||||
As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 2/15/24 Axalta Coating Systems Ltd. 10-K 12/31/23 135:16M 2/16/23 Axalta Coating Systems Ltd. 10-K 12/31/22 134:18M 2/18/22 Axalta Coating Systems Ltd. 10-K 12/31/21 136:18M 2/18/21 Axalta Coating Systems Ltd. 10-K 12/31/20 136:19M 11/04/14 SEC UPLOAD¶ 10/06/17 1:39K Axalta Coating Systems Ltd. 10/21/14 SEC UPLOAD¶ 10/06/17 1:136K Axalta Coating Systems Ltd. 10/09/14 SEC UPLOAD¶ 10/06/17 1:173K Axalta Coating Systems Ltd. 9/17/14 SEC UPLOAD¶ 10/06/17 1:209K Axalta Coating Systems Ltd. |