Amendment No. 6 to Equipment Financing Agreement No. 13379 between Buffalo Shredding and Recovery, LLC and First Niagara Leasing, Inc.

Summary

This amendment updates the payment terms for an equipment financing agreement between Buffalo Shredding and Recovery, LLC (the borrower) and First Niagara Leasing, Inc. (the lender). Effective November 21, 2013, the monthly payment amounts, number of payments, payment schedule, and interest rate for two loan draws are revised, with payments set over 72 months at a 4.77% interest rate. All other terms of the original agreement remain unchanged. The amendment is signed by both parties and their guarantors.

EX-10.35 4 exhibit3.htm EX-10.35 EX-10.35

Exhibit 10.35

AMENDMENT 6
Dated November 21, 2013
to
EQUIPMENT FINANCING AGREEMENT NO. 13379 (the “Agreement”)
dated December 12, 2011 between Buffalo Shredding and Recovery, LLC
(as “Borrower”) and First Niagara Leasing, Inc. (as “Lender”)

Effective this 21st day of November 2013, the parties hereto agree that the payment terms as applicable to both Draw A and Draw B of the above referenced Agreement are hereby amended and restated (as of Monthly Payment amount due 12/22/13) as follows:

Draw A (schedule #13379)

Number of Monthly Payments = 72 (as of Monthly Payment due 12/22/13)
Monthly Payment Amount = $106,465.18
First Monthly Payment due date = 12/22/13
Final Monthly Payment due date = 11/22/19
Rate of Interest = 4.77%

Draw B (schedule #14862)

Number of Monthly Payments = 72 (as of Monthly Payment due 12/22/13)
Monthly Payment Amount = $34,514.78
First Monthly Payment due date = 12/22/13
Final Monthly Payment due date = 11/22/19
Rate of Interest = 4.77%

All other terms and conditions of the Agreement shall remain unaltered. The parties have caused this Amendment 6 to be executed by their duly authorized representatives as of the date first set forth above.

     
Lender: First Niagara Leasing, Inc.  
Borrower: Buffalo Shredding and Recovery,
LLC
By: Metalico New York, Inc., its sole Member
By: /s/ Edward Perkowski  
By: /s/ Eric W. Finlayson
   
 
Name:Edward Perkowski
Title:President
 
Name:Eric W. Finlayson
Title:Vice President and Treasurer
Guarantor: Metalico, Inc.  
Guarantor: Metalico New York, Inc.
(formerly Metalico Syracuse, Inc.)
By: /s/ Eric W. Finlayson  
By: /s/ Eric W. Finlayson
   
 
Name: Eric W. Finlayson
Title: Senior Vice President and Treasurer
 
Name: Eric W. Finlayson
Title: Vice President and Treasurer