Ohio | 34-1888342 | |
(State or Other Jurisdiction of | (I.R.S. Employer | |
Incorporation or Organization) | Identification No.) |
[ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act(17CFR240.14a-12)
[ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act(17CFR240.14d-2(b))
[ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act(17CFR240.13e-4(c))
Items to be Included in this Report
Borrower and Bank are parties to a Credit Agreement dated as of July 14, 1997 (the "Original Credit Agreement"); the First Amendment to Credit Agreement dated as of January 15, 1999; the Second Amendment to Credit Agreement dated as of July 15, 1999; the Third Amendment to Credit Agreement dated as of July 12, 2000; the Fourth Amendment to Credit Agreement dated as of September 30, 2001; the Fifth Amendment to Credit Agreement dated as of December 24, 2001; the Sixth Amendment to Credit Agreement dated as of October 25, 2002; the Seventh Amendment to C redit Agreement and Temporary Waiver dated as of April 18, 2003; the Eighth Amendment to Credit Agreement dated as of June 13, 2003; the Ninth Amendment to Credit Agreement dated as of September 11, 2003; the Stipulation Providing Further Adequate Protection to National City Bank approved by the United States Bankruptcy Court, District of Delaware in Jointly Administered Case No. 04-10558 (JBR) on October 28, 2004, and the Tenth Amendment to Credit Agreement dated as of January 31, 2005 (collectively, the "Existing Credit Agreement").
Borrower and Lender have agreed to amend and restate the Existing Credit Agreement to consolidate the previous amendments to the Original Credit Agreement and to provide for certain additional amendments on the terms set forth in the Agreement, which agreement shall become effective upon satisfaction of certain conditions precedent set forth in the Agreement.
It is the intent of the parties that the Agreement not constitute a novation or waiver of the obligation and liabili ties existing under the Existing Credit Agreement, including any obligation or action required to be performed prior to the date hereof, or evidence payment of all or any of such obligations and liabilities, but that the Agreement amend and restate in its entirety the Existing Credit Agreement, and that from and after the date of the Agreement, the Existing Credit Agreement be of no further force or effect except as to evidence the incurrence of the obligations of the Borrower thereunder and the representations and warranties made thereunder.
A copy of the Agreement is attached hereto as Exhibit 10.1 and is incorporated herein by this reference.
10.1 Amended and Restated Credit Agreement, made as of July 1, 2005, by and among, ON Marine Services Company and Oglebay Norton Marine Services Company, L.L.C., a Delaware limited liability company (collectively, "Borrower") and National City Bank ("Bank").
Oglebay Norton Company | ||||||||
Date: July 07, 2005. | By: | /s/ Julie A. Boland | ||||||
Julie A. Boland | ||||||||
VP, CFO & Treasurer | ||||||||
Exhibit No. | Description | |
EX-10.1 | Amended and Restated Credit Agreement, between ON Marine Services Company and Oglebay Norton Marine Services Company, L.L.C., as Borrowers, and National City Bank, dated as of July 1, 2005. |