Attached files
| file | filename |
|---|---|
| 10-K - FORM 10-K - QUIKSILVER INC | a54776e10vk.htm |
| EX-23.1 - EX-23.1 - QUIKSILVER INC | a54776exv23w1.htm |
| EX-21.1 - EX-21.1 - QUIKSILVER INC | a54776exv21w1.htm |
| EX-10.5 - EX-10.5 - QUIKSILVER INC | a54776exv10w5.htm |
| EX-32.1 - EX-32.1 - QUIKSILVER INC | a54776exv32w1.htm |
| EX-32.2 - EX-32.2 - QUIKSILVER INC | a54776exv32w2.htm |
| EX-31.2 - EX-31.2 - QUIKSILVER INC | a54776exv31w2.htm |
| EX-31.1 - EX-31.1 - QUIKSILVER INC | a54776exv31w1.htm |
| EX-10.54 - EX-10.54 - QUIKSILVER INC | a54776exv10w54.htm |
| EX-10.53 - EX-10.53 - QUIKSILVER INC | a54776exv10w53.htm |
| EX-10.49 - EX-10.49 - QUIKSILVER INC | a54776exv10w49.htm |
| EX-10.47 - EX-10.47 - QUIKSILVER INC | a54776exv10w47.htm |
| EX-10.43 - EX-10.43 - QUIKSILVER INC | a54776exv10w43.htm |
| EX-10.14 - EX-10.14 - QUIKSILVER INC | a54776exv10w14.htm |
Exhibit 10.15
THIS GLOBAL AMENDMENT AGREEMENT (this “Global Amendment”) is dated 29 September 2009 and
made among each of the undersigned (collectively the “Parties ”).
WHEREAS, certain of the Parties entered into a Facilities Agreement dated 31 July 2009 (as
amended on 25 September 2009) (the “Facilities Agreement”);
WHEREAS, certain of the Parties entered into a Security Sharing Agreement dated 25 September
2009 (the “Security Sharing Agreement”);
WHEREAS, certain of the Parties entered into a Subordination Agreement dated 25 September 2009
(the “Subordination Agreement”);
WHEREAS, the Parties hereto desire to amend (i) the Security Sharing Agreement in accordance
with clause 22.1 (Amendments) thereof and (ii) each other relevant Finance Document as specified in
accordance with clause 38 (Amendments and Waivers) of the Facilities Agreement in the manner set
out below.
NOW, THEREFORE, IT IS AGREED:
Unless a contrary intention appears in this Global Amendment, any word or expression defined
in the Facilities Agreement, the Subordination Agreement or the Security Sharing Agreement (as
applicable) shall have the same meaning when it is used in this Global Amendment.
The Parties hereby acknowledge that as a result of a technical error (“erreur matérielle”) the
SG Forward Financing Agreement is incorrectly referred to in the Security Sharing Agreement as
having been executed on 25 September 2009 while it was the intention of the parties thereto to
execute the SG Forward Financing Agreement on 29 September 2009.
The Parties hereby recognize that such technical error (“erreur matérielle”) does not affect
in any manner whatsoever the validity and binding nature of the Security Sharing Agreement or any
of its provisions and the Parties thereto hereby confirm that the Security Sharing Agreement is in
effect as from the date of its execution (i.e., 25 September 2009).
Each Party hereby acknowledges that it has received a copy of the SG Forward Financing
Agreement and confirms that it is satisfactory to it.
The Parties to the Security Sharing Agreement hereby further agree that the Security Sharing
Agreement is hereby amended by deleting the definition of “SG Forward Financing Agreement”
appearing in clause 1.1 (Definitions) of the Security Sharing Agreement and inserting the following
definition in lieu thereof:
““SG Forward Financing Agreement” means the term loan agreement to be entered into on 29
September 2009 among the SG Financing Debtor as borrower, Parent as guarantor, Biarritz
Holdings S.à r.l. as guarantor and Société Générale as lender.”.
The Parties hereby agree that any reference to the SG Forward Financing Agreement in any
Finance Document shall be deemed to be a reference to the SG Forward Financing Agreement as defined
above, and each such Finance Document is hereby amended accordingly.
This Global Amendment is a Finance Document pursuant to the Facilities Agreement.
This Global Amendment is governed by French law.
This Global Amendment has been duly executed in Paris in as many originals as there are
parties to this agreement on the date first above written.
SIGNATURES
| PILOT SAS, as the Company, Borrower Original Guarantor, Original Obligor, Account Holder, Original Intra-Group Debtor and Original Subordinated Creditor | ||
| By: | ||
| Title: | ||
| NA PALI SAS, as Borrower, Original Obligor, Account Holder, Original Intra-Group Debtor and Original Subordinated Creditor | ||
| By: | ||
| Title: | ||
| QUIKSILVER, INC., as Original Guarantor, Original Obligor, Parent and Original Subordinated Creditor | ||
| By: | ||
| Title: | ||
| QS HOLDINGS S.À R.L., as Additional Guarantor, Original Obligor and Original Subordinated Creditor | ||
| By: | ||
| Title: | ||
| BIARRITZ HOLDINGS S.À R.L., as Additional Guarantor, Original Obligor, Original Intra-Group Debtor and Original Subordinated Creditor | ||
| By: | ||
| Title: |
| QUIKSILVER EUROPA S.L., as Additional Guarantor, Original Obligor, Original Intra-Group Debtor and Original Subordinated Creditor | ||
| By: | ||
| Title: | ||
| QS FINANCE LUXEMBOURG S.A., as SG Financing Debtor, Original Intra-Group Debtor and Original Subordinated Creditor | ||
| By: | ||
| Title: | ||
| EMERALD COAST SAS, as Account Holder | ||
| By: | ||
| Title: | ||
| OMAREEF EUROPE SAS, as Account Holder | ||
| By: | ||
| Title: |
| BNP PARIBAS, as Arranger, Agent, Original Lender and Original Ancillary Lender | ||
| By: | ||
| Title: |
| CREDIT LYONNAIS, as Arranger and Original Lender | ||
| By: | ||
| Title: |
| SOCIETE GENERALE CORPORATE & INVESTMENT BANKING, as Arranger | ||
| By: | ||
| Title: |
| SOCIETE GENERALE, as Security Agent, SG Creditor and Original Lender | ||
| By: | ||
| Title: |
| SOCIETE GENERALE BANK & TRUST, as SG Creditor | ||
| By: | ||
| Title: |
| BANQUE POPULAIRE DU SUD OUEST, as Original Lender | ||
| By: | ||
| Title: |
| CAISSE REGIONALE DE CRÉDIT AGRICOLE MUTUEL PYRÉNÉES-GASCOGNE, as Original Lender and Issuing Bank | ||
| By: | ||
| Title: |
| CIC — SOCIETE BORDELAISE, as Original Lender | ||
| By: | ||
| Title: |
| HSBC FRANCE, as Original Lender | ||
| By: | ||
| Title: |
| NATIXIS, as Original Lender | ||
| By: | ||
| Title: |