EX-10.4 Third Amendment to the Credit Agreement, dated May 21, 2008
EX-10.4 4 b71189wiexv10w4.htm EX-10.4 THIRD AMENDMENT TO THE CREDIT AGREEMENT, DATED MAY 21, 2008 exv10w4
Exhibit 10.4
DEUTSCHE BANK TRUST COMPANY AMERICAS
60 WALL STREET
NEW YORK, NEW YORK 10005
60 WALL STREET
NEW YORK, NEW YORK 10005
May 21, 2008
Wellman, Inc.
1041 521 Corporate Center Drive
Fort Mill, South Carolina 29715
Attention: Chief Financial Officer
and Treasurer and Chief Accounting Officer
1041 521 Corporate Center Drive
Fort Mill, South Carolina 29715
Attention: Chief Financial Officer
and Treasurer and Chief Accounting Officer
Re: Wellman, Inc. Credit Agreement dated as of February 27, 2008
Reference is hereby made to that certain Credit Agreement, dated as of February 27, 2008, by and among Wellman, Inc. (the Funds Administrator) and the other Borrowers party thereto, as debtors and debtors in possession, as Borrowers, the Lenders from time to time party thereto, Deutsche Bank Trust Company Americas, as Administrative Agent (in such capacity, the Administrative Agent) and Collateral Agent, and the other agents signatory thereto (as amended, restated, supplemented, or otherwise modified from time to time, the Credit Agreement). Capitalized terms used herein and not otherwise defined herein shall have the meanings assigned to such terms in the Credit Agreement.
The undersigned Administrative Agent, on behalf of the Majority Lenders, hereby consents to the Funds Administrators request that Section 9.1(i)(xvi) of the Credit Agreement be modified by replacing the text on or before June 5, 2008 therein with the text on or before June 19, 2008. Except as expressly amended hereby, the Credit Agreement continues in full force and effect and the amendment set forth above shall be limited precisely as written.
[signature page follows]
Very truly yours, | ||||||
DEUTSCHE BANK TRUST COMPANY | ||||||
AMERICAS, as Administrative Agent | ||||||
By: | /s/ Marguerite Sutton | |||||
Title: | Director | |||||
By: | /s/ Enrique Landaeta | |||||
Title: | Vice President |
Acknowledged and agreed as of | ||||
This 22 day of May, 2008 | ||||
WELLMAN, INC. | ||||
By: Title: | /s/ Keith R. Phillips |
Signature Page to Consent