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Real Industry Indenture and Note Purchase Agreement Filed

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Real Industry filed with the U.S. Bankruptcy Court a notice of filing of final third supplemental indenture and note purchase agreement for Real Alloy Debtors, with the following exhibits: Exhibit 1: execution version of the third supplemental indenture; Exhibit 2: redline comparing the final third supplemental indenture with the original third supplemental indenture; Exhibit 3 is an execution version of the Amended and restated senior secured super-priority DIP note purchase agreement, the Final NPA; Exhibit 4: redline comparing the Final NPA with the Original NPA.

The amendment in agreement notes, “Section 2.03 of the Indenture is hereby amended by replacing subsections (a) through and including (d) in their entirety to read as follows: (a) The Trustee shall authenticate and make available for delivery (or, in the case of the Roll-Up Notes, record in the applicable Register) upon a written order of the Issuer signed by one Officer (an ‘Authentication Order’) (i) Notes for original issue on the date hereof in an aggregate principal amount of $305,000,000 and (ii) subject to the terms of this Indenture, Additional Notes in an aggregate principal amount to be determined at the time of issuance and specified therein. Such Authentication Order shall specify the amount of the Notes to be authenticated, the date on which the original issue of Notes is to be authenticated and whether the Notes are to be Initial Notes or Additional Notes. Notwithstanding anything to the contrary in this Indenture, any issuance of Additional Notes after the Issue Date shall be in a principal amount of at least $2,000….Pursuant to Section 2.01 of the Indenture, as amended herby, the Company hereby creates and issues a series of Notes designated as ‘10.000% Senior Secured Second Priority Notes’ in the aggregate principal amount of $170,000,000 (the ‘Roll-Up Notes’).” According to the final NPA, “German Factoring Facility” means the factoring facility between Real Alloy Germany and the Factoring Facility Purchaser under the Factoring Facility Documents with a maximum financing amount of €50,000,000.”

For more on the Real Industry Indenture Bankruptcy go to BankruptcyData.

The post Real Industry Indenture and Note Purchase Agreement Filed appeared first on Daily Bankrupt Company Updates | Bankrupt Company News.


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