|
||||||||||||||||||||||||||
| SEC Info℠ | | | Home | | | Search | | | My Interests | | | Help | | | Sign In | | | Please Sign In | |||||||
|
||||||||||||||||||||||||||
As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 3/06/14 Acme United Corp 10-K 12/31/13 92:5.9M Placido Robert/FA |
Document/Exhibit Description Pages Size
1: 10-K Annual Report HTML 430K
2: EX-10.10C Material Contract HTML 32K
3: EX-21 Subsidiaries List HTML 23K
4: EX-23.1 Consent of Experts or Counsel HTML 25K
5: EX-31.1 Certification -- §302 - SOA'02 HTML 25K
6: EX-31.2 Certification -- §302 - SOA'02 HTML 25K
7: EX-32.1 Certification -- §906 - SOA'02 HTML 28K
8: EX-32.2 Certification -- §906 - SOA'02 HTML 29K
62: R1 Document and Entity Information HTML 53K
49: R2 Consolidated Statements of Operations HTML 82K
60: R3 Consolidated Statements of Comprehensive Income HTML 57K
64: R4 Consolidated Balance Sheets HTML 137K
83: R5 Consolidated Balance Sheets (Parenthetical) HTML 35K
51: R6 Consolidated Statements of Changes in HTML 74K
Stockholders' Equity
59: R7 Consolidated Statements of Cash Flows HTML 129K
44: R8 Operations HTML 28K
34: R9 Accounting Policies HTML 39K
84: R10 Inventories HTML 33K
66: R11 Intangible Assets HTML 35K
65: R12 Other Accrued Liabilities HTML 32K
71: R13 Pension and Profit Sharing HTML 97K
72: R14 Income Taxes HTML 71K
69: R15 Debt HTML 30K
73: R16 Commitments and Contingencies HTML 30K
61: R17 Segment Information HTML 66K
63: R18 Stock Option Plans HTML 75K
68: R19 Earnings Per Share HTML 37K
92: R20 Accumulated Other Comprehensive (Loss) Income HTML 42K
79: R21 Financial Instruments HTML 34K
55: R22 Quarterly Data (Unaudited) HTML 58K
67: R23 Sale of Property HTML 32K
57: R24 Business Combination HTML 38K
26: R25 Accounting Policies (Policies) HTML 121K
80: R26 Inventories (Tables) HTML 30K
88: R27 Intangible Assets (Tables) HTML 33K
39: R28 Other Accrued Liabilities (Tables) HTML 31K
38: R29 Pension and Profit Sharing (Tables) HTML 95K
42: R30 Income Taxes (Tables) HTML 68K
43: R31 Segment Information (Tables) HTML 65K
45: R32 Stock Option Plans (Tables) HTML 67K
22: R33 Earnings Per Share (Tables) HTML 34K
77: R34 Accumulated Other Comprehensive (Loss) Income HTML 39K
(Tables)
53: R35 Quarterly Data (Tables) HTML 54K
56: R36 Sale of Property (Tables) HTML 28K
29: R37 Business Combination - Business Combination HTML 28K
(Tables)
91: R38 Accounting Policies - Accounting Policies (Detail HTML 54K
Narrative)
15: R39 Inventories - Inventories Table (Details) HTML 37K
46: R40 Inventories (Details Narrative) HTML 28K
82: R41 Intangible Assets - Intangible Assets (Details) HTML 41K
28: R42 Intangible Assets (Details Narrative) HTML 40K
37: R43 Other Accrued Liabilities (Details) HTML 42K
41: R44 Pension and Profit Sharing - Plan Asset Allocation HTML 28K
(Details)
50: R45 Pension and Profit Sharing - Pension Plan Assets HTML 34K
by Fair Value Hiearchy (Details)
21: R46 Pension and Profit Sharing - Benefit Obligation HTML 53K
(Details)
33: R47 Pension And Profit Sharing - Changes In Plan HTML 48K
Assets (Details)
17: R48 Pension and Profit Sharing - Periodic Benefit Cost HTML 56K
(Details)
81: R49 Pension and Profit Sharing - Amounts Recognized in HTML 51K
Other Comprehensive Income (Details)
27: R50 Pension and Profit Sharing - Estimated Future HTML 38K
Benefit Payments (Details)
78: R51 Pension and Profit Sharing (Details Narrative) HTML 59K
30: R52 Income Taxes - Income Tax Expense (Benefit) HTML 70K
(Details)
47: R53 Income Taxes - US and Foreign Income Before Income HTML 32K
Taxes (Details)
16: R54 Income Taxes - US Statutory Rate Reconciliation HTML 46K
(Details)
20: R55 Income Taxes - Deferred Tax Assets and Liabilities HTML 63K
(Details)
40: R56 Income Taxes (Details Narrative) HTML 33K
24: R57 Debt (Details Narrative) HTML 43K
86: R58 Commitments and Contingencies (Details Narrative) HTML 37K
52: R59 Segment Information - Financial Data by Segment HTML 51K
(Details)
70: R60 Reconciliation of Segment Operating Income HTML 46K
(Details)
32: R61 Segment Revenues (Details) HTML 41K
35: R62 Segment Information (Details Narrative) HTML 26K
76: R63 Stock Option Plans - Stock Option Activity HTML 57K
(Details)
74: R64 Stock Option Plans - Summary of Options HTML 53K
Outstanding (Details)
54: R65 Stock Option Plans - Assumptions Used to Value HTML 40K
Option Grants (Details)
75: R66 Stock Option Plans (Details Narrative) HTML 61K
31: R67 Earnings Per Share - Earnings Per Share (Details) HTML 61K
58: R68 Earnings Per Share (Details Narrative) HTML 30K
87: R69 Comprehensive Income - Accumulated Comprehensive HTML 38K
Income (Loss) (Details)
19: R70 Quarterly Data - Quarterly Data (Details) HTML 55K
25: R71 Sale of Property (Details Narrative) HTML 55K
48: R72 Contingencies - Accrual for Environmental HTML 31K
Remediation Table (Details)
23: R73 Business Combination (Details Narrative) HTML 41K
90: R74 Business Combination Purchase Price Allocation HTML 31K
(Details)
89: XML IDEA XML File -- Filing Summary XML 133K
18: EXCEL IDEA Workbook of Financial Reports XLSX 154K
36: EXCEL IDEA Workbook of Financial Reports (.xls) XLS 813K
9: EX-101.INS XBRL Instance -- acu-20131231 XML 1.21M
11: EX-101.CAL XBRL Calculations -- acu-20131231_cal XML 215K
12: EX-101.DEF XBRL Definitions -- acu-20131231_def XML 289K
13: EX-101.LAB XBRL Labels -- acu-20131231_lab XML 914K
14: EX-101.PRE XBRL Presentations -- acu-20131231_pre XML 698K
10: EX-101.SCH XBRL Schema -- acu-20131231 XSD 144K
85: ZIP XBRL Zipped Folder -- 0001026608-14-000011-xbrl Zip 114K
Exhibit 10.10(c)
SECOND
AMENDMENT TO
LOAN AND SECURITY AGREEMENT
This SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT (the “Amendment”) is entered into as of October ___, 2013 between ACME UNITED CORPORATION, a Connecticut corporation (the “Borrower”) and HSBC BANK USA, NATIONAL ASSOCIATION (the “Lender”).
RECITALS
Borrower and Lender are parties to a Loan and Security Agreement dated as of April 5, 2012, as amended (collectively, the “Loan Agreement”). Capitalized terms used herein shall have the meanings given to them in the Loan Agreement unless otherwise specified.
Borrower has requested that the Lender amend certain terms and conditions of the Loan Agreement, pursuant to the terms of this Amendment.
NOW, THEREFORE, in consideration of the promises, covenants and understandings set forth in this Amendment and the benefits to be received from the performance of such promises, covenants and understandings, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. As of the date hereof, the definition of “Fixed Charge Coverage Ratio”, as set forth in Section 6.7 of the Loan Agreement, is amended and restated in its entirety to read as follows:
“Fixed Charge Coverage Ratio” means, for any period, the ratio of (x) EBITDA minus capital expenditures (net of amounts financed by third parties, and excluding up to $4,100,000 of capital expenditures related to the acquisition and refurbishment of the real property located in Rocky Mount, North Carolina so long as such capital expenditures are incurred on or prior to September 30, 2014) to (y) the sum of (i) Interest Expense, plus (ii) income tax expense plus (iii) all dividends and distributions actually paid in such period, plus (iv) all scheduled payments of principal with respect to Indebtedness.
2. No Other Changes. Except as explicitly amended by this Amendment, all of the terms and conditions of the Loan Agreement shall remain in full force and effect.
3. Conditions Precedent. This Amendment shall be effective when the Lender shall have received a copy hereof executed by the Borrower.
4. Representations and Warranties. The Borrower hereby represents and warrants to the Lender as follows:
(a) The Borrower has all requisite power and authority to execute this Amendment and to perform all of the obligations hereunder and thereunder, and this Amendment has been duly executed and delivered by the Borrower and constitutes the legal, valid and binding obligation of the Borrower, enforceable in accordance with its terms.
C:| 1 |
(b) The execution, delivery and performance by the Borrower of this Amendment has been duly authorized by all necessary corporate action and does not (i) require any authorization, consent or approval by any governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, (ii) violate any provision of any law, rule or regulation or of any order, writ, injunction or decree presently in effect, having applicability to the Borrower, or the articles of incorporation or by-laws of the Borrower, or (iii) result in a breach of or constitute a default under any indenture or loan or loan agreement or any other agreement, lease or instrument to which the Borrower is a party or by which it or its properties may be bound or affected.
(c) All of the representations and warranties contained in Section 5 of the Loan Agreement are correct on and as of the date hereof as though made on and as of such date, except to the extent that such representations and warranties relate solely to an earlier date.
5. References. All references in the Loan Agreement to “this Agreement” shall be deemed to refer to the Loan Agreement as amended hereby; and any and all references in the Loan Documents to the Loan Agreement shall be deemed to refer to the Loan Agreement as amended hereby.
6. No Other Waiver. The execution of this Amendment and acceptance of any documents related hereto shall not be deemed to be a waiver of any Default or Event of Default under the Loan Agreement, or breach, default or event of default under any Loan Documents or other document held by the Lender, whether or not known to the Lender and whether or not existing on the date of this Amendment.
7. Costs and Expenses. The Borrower hereby reaffirms its agreement under the Loan Agreement to pay or reimburse the Lender on demand for all reasonable costs and expenses incurred by the Lender in connection with the Loan Documents, including without limitation all reasonable fees and disbursements of legal counsel. Without limiting the generality of the foregoing, the Borrower specifically agrees to pay all reasonable fees and disbursements of counsel to the Lender for the services performed by such counsel in connection with the preparation of this Amendment and the documents and instruments incidental hereto.
8. Miscellaneous. This Amendment may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original and all of which counterparts, taken together, shall constitute one and the same instrument.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
C:
| 2 |
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed as of the date first written above.
| HSBC BANK USA, NATIONAL ASSOCIATION | ACME UNITED CORPORATION |
| By:_________________________________ | By:_________________________________ |
| Name: | Name: |
| Title | Title |
[SIGNATURE
PAGE TO SECOND AMENDMENT TO
LOAN AND SECURITY AGREEMENT]
| 3 |
| This ‘10-K’ Filing | Date | Other Filings | ||
|---|---|---|---|---|
 | ||||
| 9/30/14 | 10-Q | |||
| Filed on: | 3/6/14 | |||
| For Period end: | 12/31/13 | 4/A | ||
| 4/5/12 | ||||
| List all Filings | ||||
As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 3/07/24 Acme United Corp. 10-K 12/31/23 83:7.9M Donnelley … Solutions/FA 3/10/23 Acme United Corp. 10-K 12/31/22 86:8.9M ActiveDisclosure/FA 3/30/22 Acme United Corp. 10-K 12/31/21 80:8.5M ActiveDisclosure/FA 3/31/21 Acme United Corp. 10-K 12/31/20 90:10M ActiveDisclosure/FA |