Attached files
file | filename |
---|---|
10-Q - GRIFFON CORP | c65573_10-q.htm |
EX-32 - GRIFFON CORP | c65573_ex32.htm |
EX-10.1 - GRIFFON CORP | c65573_ex10-1.htm |
EX-31.2 - GRIFFON CORP | c65573_ex31-2.htm |
EX-10.8 - GRIFFON CORP | c65573_ex10-8.htm |
EX-10.2 - GRIFFON CORP | c65573_ex10-2.htm |
EX-31.1 - GRIFFON CORP | c65573_ex31-1.htm |
EX-10.13 - GRIFFON CORP | c65573_ex10-13.htm |
EX-10.10 - GRIFFON CORP | c65573_ex10-10.htm |
EX-10.12 - GRIFFON CORP | c65573_ex10-12.htm |
EX-10.11 - GRIFFON CORP | c65573_ex10-11.htm |
Exhibit 10.9
JPMORGAN CHASE
BANK, N.A.
270 Park Avenue
New York, New York 10017
J.P. MORGAN
SECURITIES LLC
383 Madison Avenue
New York, New York 10179
|
|
|
March 14, 2011 |
Amendment to the
Senior Revolving Credit Facility
Commitment Letter
Griffon Corporation
712 Fifth Avenue, 18th Floor
New York, New York 10019
Attention: Douglas J. Wetmore
Ladies and Gentlemen:
Reference is hereby made to the Commitment Letter, dated March 4, 2011 (together with the Summary of Term and Conditions attached thereto as Exhibit A (the Term Sheet), the Commitment Letter), among you (you or Borrower), J.P. Morgan Securities LLC (JPMorgan) and JPMorgan Chase Bank, N.A. (JPMorgan Chase Bank; together with JPMorgan, the Commitment Parties).
The parties hereto hereby acknowledge that the Borrower intends to issue senior unsecured notes in an amount of up to $550,000,000 and hereby agree that the Term Sheet is hereby amended such that clause (iii) under the heading Conditions Precedent is amended by deleting the phrase up to $500 million and substituting in lieu thereof the phrase up to $550 million.
This Amendment may be executed in any number of counterparts, each of which shall be an original, and all of which, when taken together, shall constitute one agreement. Delivery of an executed signature page of this Amendment by facsimile or electronic transmission shall be effective as delivery of a manually executed counterpart hereof.
This Amendment shall be governed by, and construed and interpreted in accordance with, the laws of the State of New York. You hereby consent to the exclusive jurisdiction and venue of the state or federal courts located in the City of New York. Each party hereto irrevocably waives, to the fullest extent permitted by applicable law, (a) any objection that it may now or hereafter have to the laying of venue of any such legal proceeding in the state or federal courts located in the City of New York and (b) any right it may have to a trial by jury in any suit, action, proceeding, claim or counterclaim brought by or on behalf of any party related to or arising out of this Amendment.
You agree that this letter agreement is subject to the confidentiality provisions of the Commitment Letter.
Exhibit 10.9
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed and delivered by their proper and duly authorized officers as of the day and year first above written.
|
|
|
|
|
|
|
|
|
J.P. MORGAN SECURITIES LLC |
||
|
|
|
|
|
|
|
|
|
By: |
/s/ Edward S. Pyne |
|
|
|
|
|
|
|
|
|
|
|
Name: Edward S. Pyne |
|
|
|
|
|
Title: Vice President |
|
|
|
|
|
|
|
|
|
|
JPMORGAN CHASE BANK, N.A. |
||
|
|
|
|
|
|
|
|
|
By: |
/s/ Michelle Cipriani |
|
|
|
|
|
|
|
|
|
|
|
Name: Michelle Cipriani |
|
|
|
|
|
Title: Vice President |
|
|
|
|
|
|
|
Accepted and agreed to as of |
|
|
|
|
|
|
|
|
|
|
|
GRIFFON CORPORATION |
|
|
|
|
|
|
|
|
|
|
|
By: |
/s/ Seth Kaplan |
|
|
|
|
|
|
|
|
|
|
|
Name: Seth L. Kaplan |
|
|
|
|
|
Title: Senior Vice President |
|
|
|
|