as mortgagee (Mortgagee) MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILINGSecurity Agreement and Fixture • March 13th, 2015 • Blyth Inc • Miscellaneous manufacturing industries
This MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING (this “Security Instrument” or “Mortgage”) is made as of the 9th day of March, 2015, by PARTYLITE WORLDWIDE, LLC, a Delaware limited liability company, having its principal place of business at 59 Armstrong Road, P.O. Box 976, Plymouth, Massachusetts 02360, as mortgagor (“Mortgagor”), to GFIE, LLC, a Florida limited liability company, having an address at 11950 Turtle Beach Road, North Palm Beach, Florida 33408, Attn: Robert B. Goergen (together with its successors and assigns, “Mortgagee”), as mortgagee.
COPYRIGHT COLLATERAL ASSIGNMENT AND SECURITY AGREEMENTCollateral Assignment and Security Agreement • March 13th, 2015 • Blyth Inc • Miscellaneous manufacturing industries • New York
This COPYRIGHT COLLATERAL ASSIGNMENT AND SECURITY AGREEMENT dated as of March 9, 2015 (this “Agreement”), is made by and among Blyth, Inc., a Delaware corporation (“Blyth”), Silver Star Brands, Inc., a Wisconsin corporation (“Silver Star”), Candle Corporation of America, a New York corporation (“Candle Corp” and together with, Blyth and Silver Star, collectively, the “Assignors” and each an “Assignor”) and BANK OF AMERICA, N.A., a national banking association (the “Lender”).
PATENT COLLATERAL ASSIGNMENT AND SECURITY AGREEMENTAnd Security Agreement • March 13th, 2015 • Blyth Inc • Miscellaneous manufacturing industries • New York
This PATENT COLLATERAL ASSIGNMENT AND SECURITY AGREEMENT (this “Agreement”) dated as of March 9, 2015, is made by and among PartyLite Worldwide, LLC, a Delaware limited liability company (“PartyLite WW”) and Candle Corporation of America, a New York corporation (“Candle Corp” and together with PartyLite WW, collectively, the “Assignors” and each an “Assignor”) and BANK OF AMERICA, N.A., a national banking association (the “Lender”).
STOCK PLEDGE AGREEMENTBlyth Inc • March 13th, 2015 • Miscellaneous manufacturing industries • Florida
THIS STOCK PLEDGE AGREEMENT (as the same now exists or may be hereafter amended, amended and restated, supplemented or otherwise modified from time to time, the “Stock Pledge Agreement”) is made and entered into as of the 9th day of March, 2015, by and between BLYTH, INC., a Delaware corporation, BLYTH HOME EXPRESSIONS, INC., a Delaware corporation, BLYTH DIRECT SELLING HOLDINGS, INC., a Delaware corporation, BLYTH CATALOG AND INTERNET HOLDINGS, INC., a Delaware corporation, KWA, INC., a Minnesota corporation, PURPLE TREE, INC., a Delaware corporation, PARTYLITE HOLDING, INC., a Delaware corporation, SILVER STAR BRANDS, INC. (formerly known as Miles Kimball Company), a Wisconsin corporation, PARTYLITE GIFTS, INC., a Virginia corporation, BJI CORPORATION, a Delaware corporation, PARTYLITE WORLDWIDE, LLC, a Delaware limited liability company, CANDLE CORPORATION OF AMERICA (DELAWARE), a Delaware corporation and CANDLE CORPORATION OF AMERICA, a New York corporation (each individually, a “P
DOMAIN NAME COLLATERAL ASSIGNMENT AND SECURITY AGREEMENTAnd Security Agreement • March 13th, 2015 • Blyth Inc • Miscellaneous manufacturing industries • New York
This DOMAIN NAME COLLATERAL ASSIGNMENT AND SECURITY AGREEMENT (this “Agreement”) dated as of March 9, 2015, is entered into by and among Blyth, Inc., a Delaware corporation (“Blyth”), Blyth Home Expressions, Inc., a Delaware corporation (“Blyth Home”), Blyth Direct Selling Holdings, Inc., a Delaware corporation (“Blyth Direct”), Blyth Catalog & Internet Holdings, Inc., a Delaware corporation (“Blyth CI”), Purple Tree, Inc., a Delaware corporation (“Purple Tree”), PartyLite Holding, Inc., a Delaware corporation (“PartyLite Holding”), Silver Star Brands, Inc., a Wisconsin corporation (“Silver Star”), PartyLite Gifts, Inc., a Virginia corporation (“PartyLite Gifts”), BJI Corporation, a Delaware corporation (“BJI”), PartyLite Worldwide, LLC, a Delaware limited liability company (“PartyLite WW”), Candle Corporation of America (Delaware), a Delaware corporation (“Candle Corp (DE)”), Candle Corporation of America, a New York corporation (“Candle Corp”), and KWA, Inc., a Minnesota corporation,
ENVIRONMENTAL INDEMNITY AGREEMENTEnvironmental Indemnity Agreement • March 13th, 2015 • Blyth Inc • Miscellaneous manufacturing industries • New York
THIS ENVIRONMENTAL INDEMNITY AGREEMENT (this “Agreement”), is made as of March 9, 2015 by PartyLite Worldwide, LLC, a Delaware limited liability company (“PartyLite WW”) and PartyLite Gifts, Inc., a Virginia corporation (“PartyLite Gifts” and together with PartyLite WW, the “Mortgagors”) and Blyth, Inc., a Delaware corporation (“Blyth”), Blyth Home Expressions, Inc., a Delaware corporation (“Blyth Home”), Blyth Direct Selling Holdings, Inc., a Delaware corporation (“Blyth Direct”), Blyth Catalog and Internet Holdings, Inc., a Delaware corporation (“Blyth CI”), Purple Tree, Inc., a Delaware corporation (“Purple Tree”), PartyLite Holding, Inc., a Delaware corporation (“PartyLite Holding”), Silver Star Brands, Inc., a Wisconsin corporation (“Silver Star”), BJI Corporation, a Delaware corporation (“BJI”), Candle Corporation of America (Delaware), a Delaware corporation (“Candle Corp (DE)”), Candle Corporation of America, a New York corporation (“Candle Corp”), KWA, Inc., a Minnesota corpor
TRADEMARK COLLATERAL ASSIGNMENT AND SECURITY AGREEMENTTrademark Collateral Assignment and Security Agreement • March 13th, 2015 • Blyth Inc • Miscellaneous manufacturing industries • New York
This TRADEMARK COLLATERAL ASSIGNMENT AND SECURITY AGREEMENT (this “Agreement”) dated as of March 9, 2015 is made by and among Silver Star Brands, Inc., a Wisconsin corporation (“Silver Star”), PartyLite Gifts, Inc., a Virginia corporation (“PartyLite Gifts”), PartyLite Worldwide, LLC, a Delaware limited liability company (“PartyLite WW”), Candle Corporation of America, a New York corporation (“Candle Corp” and together with Silver Star, PartyLite Gifts and PartyLite WW, collectively, the “Assignors” and each an “Assignor”), and GFIE, LLC, a Florida limited liability company (the “Lender”).
LOAN AND SECURITY AGREEMENTDated as of March 9, 2015 BLYTH, INC., BLYTH HOME EXPRESSIONS, INC., BLYTH DIRECT SELLING HOLDINGS, INC., BLYTH CATALOG AND INTERNET HOLDINGS, INC., KWA, INC., PURPLE TREE, INC., PARTYLITE HOLDING, INC., SILVER STAR BRANDS,...Loan and Security Agreement • March 13th, 2015 • Blyth Inc • Miscellaneous manufacturing industries • New York
THIS LOAN AND SECURITY AGREEMENT is dated as of March 9, 2015, among BLYTH, INC., a Delaware corporation (“Borrower 1”), BLYTH HOME EXPRESSIONS, INC., a Delaware corporation (“Borrower 2”), BLYTH DIRECT SELLING HOLDINGS, INC., a Delaware corporation (“Borrower 3”), BLYTH CATALOG AND INTERNET HOLDINGS, INC., a Delaware corporation (“Borrower 4”), KWA, INC., a Minnesota corporation (“Borrower 5”), PURPLE TREE, INC., a Delaware corporation (“Borrower 6”), PARTYLITE HOLDING, INC., a Delaware corporation (“Borrower 7”), SILVER STAR BRANDS, INC. (formerly known as Miles Kimball Company), a Wisconsin corporation (“Borrower 8”), PARTYLITE GIFTS, INC., a Virginia corporation (“Borrower 9”), BJI CORPORATION, a Delaware corporation (“Borrower 10”), PARTYLITE WORLDWIDE, LLC, a Delaware limited liability company (“Borrower 11”), CANDLE CORPORATION OF AMERICA (DELAWARE), a Delaware corporation (“Borrower 12”) and CANDLE CORPORATION OF AMERICA, a New York corporation (“Borrower 13”, and together with
TERM LOAN AND SECURITY AGREEMENTDated as of March 9, 2015 BLYTH, INC., BLYTH HOME EXPRESSIONS, INC., BLYTH DIRECT SELLING HOLDINGS, INC., BLYTH CATALOG AND INTERNET HOLDINGS, INC., KWA, INC., PURPLE TREE, INC., PARTYLITE HOLDING, INC., SILVER STAR...Term Loan and Security • March 13th, 2015 • Blyth Inc • Miscellaneous manufacturing industries • New York
THIS TERM LOAN AND SECURITY AGREEMENT is dated as of March 9, 2015, among BLYTH, INC., a Delaware corporation (“Borrower 1”), BLYTH HOME EXPRESSIONS, INC., a Delaware corporation (“Borrower 2”), BLYTH DIRECT SELLING HOLDINGS, INC., a Delaware corporation (“Borrower 3”), BLYTH CATALOG AND INTERNET HOLDINGS, INC., a Delaware corporation (“Borrower 4”), KWA, INC., a Minnesota corporation (“Borrower 5”), PURPLE TREE, INC., a Delaware corporation (“Borrower 6”), PARTYLITE HOLDING, INC., a Delaware corporation (“Borrower 7”), SILVER STAR BRANDS, INC. (formerly known as Miles Kimball Company), a Wisconsin corporation (“Borrower 8”), PARTYLITE GIFTS, INC., a Virginia corporation (“Borrower 9”), BJI Corporation, a Delaware corporation (“Borrower 10”), PARTYLITE WORLDWIDE, LLC, a Delaware limited liability company (“Borrower 11”), CANDLE CORPORATION OF AMERICA (DELAWARE), a Delaware corporation (“Borrower 12”) and CANDLE CORPORATION OF AMERICA, a New York corporation (“Borrower 13”, and together
TERM LOAN NOTETerm Loan Note • March 13th, 2015 • Blyth Inc • Miscellaneous manufacturing industries • New York
FOR VALUE RECEIVED, the undersigned, BLYTH, INC., a Delaware corporation (“Borrower 1”), BLYTH HOME EXPRESSIONS, INC., a Delaware corporation (“Borrower 2”), BLYTH DIRECT SELLING HOLDINGS, INC., a Delaware corporation (“Borrower 3”), BLYTH CATALOG AND INTERNET HOLDINGS, INC., a Delaware corporation (“Borrower 4”), KWA, INC., a Minnesota corporation (“Borrower 5”), PURPLE TREE, INC., a Delaware corporation (“Borrower 6”), PARTYLITE HOLDING, INC., a Delaware corporation (“Borrower 7”), SILVER STAR BRANDS, INC. (formerly known as Miles Kimball Company), a Wisconsin corporation (“Borrower 8”), PARTYLITE GIFTS, INC., a Virginia corporation (“Borrower 9”), BJI Corporation, a Delaware corporation (“Borrower 10”), PARTYLITE WORLDWIDE, LLC, a Delaware limited liability company (“Borrower 11”), CANDLE CORPORATION OF AMERICA (DELAWARE), a Delaware corporation (“Borrower 12”) and CANDLE CORPORATION OF AMERICA, a New York corporation (“Borrower 13”, and together with Borrower 1, Borrower 2, Borrowe
INTERCREDITOR AGREEMENT dated as of March 9, 2015 between BANK OF AMERICA, N.A., as ABL Secured Party andIntercreditor Agreement • March 13th, 2015 • Blyth Inc • Miscellaneous manufacturing industries • New York
This INTERCREDITOR AGREEMENT, dated as of March 9, 2015 (as amended, restated, supplemented, renewed or otherwise modified from time to time in accordance with the terms hereof, this “Agreement”), by and between BANK OF AMERICA, N.A., a national banking association, as the ABL lender (including its successors and assigns and holders of applicable Refinancing (as hereinafter defined) debt, the “ABL Secured Party”), and GFIE, LLC, a Florida limited liability company, as the term loan lender (including its successors and assigns and holders of applicable Refinancing (as hereinafter defined) debt, the “Term Loan Secured Party”) (the Term Loan Secured Party and the ABL Secured Party, are collectively referred to herein as the “Secured Parties”).
