Virginia | 20-0812170 | |
(State or other jurisdiction of | (IRS Employer | |
incorporation) | Identification No.) |
[ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
[ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
[ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
- amends the Consolidated Net Income definition to exempt net income (or loss) of up to $25 million in mark-to-market exposure related to the Foundry Park Rate Lock Transaction;
This summary of the A&R Credit Agreement does not purport to be complete and is subject to, and is qualified in its entirety by, reference to all the terms of the Second Amendment, a copy of which is attached hereto as Exhibit 10.1 and incorporated herein by reference.
Additionally, on March 24, 2009 the Company entered into a Supplement Agreement to the A&R Credit Agreement (the "Supplement Agreement"). The Supplement Agreement provides that PNC Bank will increase its facility commitment by an additional $2.25 million, pursuant to the terms of the A&R Credit Agreement.
The Supplement Agreement contains representations, warranties, terms and conditions customary for transactions of this type.
As a result of the Supplement Agreement and the Second Amendment, the total facility commitment under the A&R Credit Agreement is $119.25 million.
This summary of the Supplement Agreement is qualified in its entirety by reference to the Supplement Agreement, a copy of which is attached hereto as Exhibit 10.2 and incorporated by reference.
10.1 Second Amendment to Second Amended and Restated Revolving Credit Agreement, dated as of March 24, 2009, between the Company, SunTrust Bank, as Administrative Agent, and the several banks and other financial institutions party thereto.
10.2 Supplement Agreement, dated as of March 24, 2009, between the Company and PNC Bank, as Increasing Lender, and accepted by SunTrust Bank, as Administrative Agent.
NewMarket Corporation | ||||||||
Date: March 30, 2009 | By: | /s/ David A. Fiorenza | ||||||
David A. Fiorenza | ||||||||
Vice President & Treasurer | ||||||||
Exhibit No. | Description | |
EX-10.1 | Second Amendment to Second Amended and Restated Revolving Credit Agreement dated March 24, 2009 | |
EX-10.2 | Supplement Agreement dated March 24, 2009 |