Affirmation of Guaranty Agreement by StyroChem Europe Delaware, Inc. in Connection with Eighth Amendment to Credit Agreement

Summary

StyroChem Europe Delaware, Inc. confirms that it has reviewed and consents to the Eighth Amendment to the Fourth Amended and Restated Revolving Credit and Security Agreement among WinCup Holdings, Inc., related borrowers, PNC Bank, and other lenders. StyroChem Europe Delaware, Inc. agrees that its prior guaranty of all borrower obligations under the credit agreement remains in effect and continues to cover all obligations as defined in the agreement. This affirmation ensures the guaranty remains valid despite changes made by the Eighth Amendment.

EX-10.9 10 dex109.htm AFFIRMATION OF GUARANTY AGREEMENT BY STYROCHEM EUROPE DELAWARE, INC. Affirmation of Guaranty Agreement by StyroChem Europe Delaware, Inc.

EXHIBIT 10.9

 

AFFIRMATION OF GUARANTY AGREEMENT

 

Reference is made to that certain Fourth Amended and Restated Revolving Credit and Security Agreement dated December 26, 2001, among WinCup Holdings, Inc., Radnor Chemical Corporation, StyroChem U.S., Ltd., Radnor Holdings Corporation, Radnor Delaware II, Inc., StyroChem Delaware, Inc., WinCup Texas, Ltd., StyroChem G.P., L.L.C., StyroChem L.P., L.L.C., WinCup G.P., L.L.C., WinCup L.P., L.L.C., (each individually a “Borrower” and collectively, “Borrowers”) and PNC Bank, National Association, as administrative agent and lead arranger (“Agent”), for itself and the financial institutions which are now or which hereafter become a party thereto (individually, a “Lender” and collectively, the “Lenders”) and Fleet Capital Corporation, as documentation agent (as amended by that certain First Amendment to Fourth Amended and Restated Revolving Credit, Term Loan and Security Agreement, dated February 4, 2002, letter agreement, dated March 21, 2002, Second Amendment to Fourth Amended and Restated Revolving Credit, Term Loan and Security Agreement dated March 5, 2003, Third Amendment to Fourth Amended and Restated Revolving Credit, Term Loan and Security Agreement dated August 1, 2003, Fourth Amendment to Fourth Amended and Restated Revolving Credit, Term Loan and Security Agreement dated September 12, 2003, Fifth Amendment to Fourth Amended and Restated Revolving Credit, Term Loan and Security Agreement dated October 27, 2003, Sixth Amendment Fourth Amended and Restated to Revolving Credit, Term Loan and Security Agreement dated November 17, 2003 and Seventh Amendment to Fourth Amended and Restated Revolving Credit, Term Loan and Security Agreement dated March 12, 2004, collectively, the “Credit Agreement”).

 

Pursuant to the terms of the Credit Agreement, Agent, and Lenders made available to Borrowers an original revolving credit facility in the amount of Thirty-Five Million Dollar ($35,000,000), which was increased to Fifty-Five Million Dollars ($55,000,000), a term loan in the amount of Forty-Five Million Dollars ($45,000,000) and a first supplemental term loan in the amount of Five Million Dollars ($5,000,000). On December 26, 2001, the undersigned executed and delivered to Agent for the benefit of Lenders an Amended and Restated Guaranty Agreement whereby undersigned unconditionally guaranteed, inter alia, all present and future obligations and liabilities of each Borrower to Agent and/or Lenders, each of which were reaffirmed on March 5, 2003, November 17, 2003 and March 12, 2004 (collectively, the “Guaranty Agreement”).

 

Borrowers have requested and Agent and Lenders have agreed pursuant to the terms of that certain Eighth Amendment to Fourth Amended and Restated Revolving Credit and Security Agreement (the “Seventh Amendment”) among Borrowers, Agent, and Lenders dated the date hereof, to amend certain terms and conditions set forth in the Credit Agreement.

 

The undersigned hereby (i) acknowledges that undersigned has read the terms and conditions of the Eighth Amendment, (ii) consents to the terms and conditions of the Eighth Amendment and (iii) agrees that its Guaranty Agreement shall continue in full force and effect

 


and shall continue to cover all Obligations (as defined in the Credit Agreement), in accordance with the terms of the Guaranty Agreement, as affirmed hereby.

 

Dated: April 27, 2004

 

STYROCHEM EUROPE DELAWARE, INC.
By:   /s/    MICHAEL V. VALENZA        
    Michael V. Valenza, President