This excerpt taken from the XIDE 10-K filed Mar 1, 2005.
INDEX TO EXHIBITS
2.1
Joint Plan of Reorganization of the Official Committees of Unsecured Creditors and the Debtors, dated March 11, 2004, incorporated by reference to the Companys Current Report on Form
8-K filed on May 6, 2004.
2.2
Amended Technical Amendment to Joint Plan of Reorganization of the Official Committee of Unsecured Creditors and the Debtors, dated April 21, 2004, incorporated by reference to Exhibit 2.2 of
the Companys Current Report on Form 8-K, dated May 6, 2004
2.3
Order confirming the Joint Plan of Reorganization of the official Committee of Unsecured Creditors and the Debtors entered April 21, 2004, incorporated by reference to Exhibit 2.3 of the
Companys Current Report on Form 8-K, dated May 6, 2004.
3.1
Amended and Restated Certificate of Incorporation of the Company, incorporated by reference to Exhibit 1 of the Companys Form 8-A dated May 6, 2004.
3.2
Amended and Restated Bylaws of the Company, incorporated by reference to Exhibit 2 of the Companys Form 8-A dated May 6, 2004.
4.1
Credit and Guarantee Agreement dated as of May 5, 2004 by and among the Company, Exide Global Holding Netherlands C.V., the Lenders from time to time partly thereto, Credit Suisse First
Boston and Fleet Securities Inc., Syndication Agents, Deutsche Bank AG New York Branch, as Administration Agent, Credit Suisse First Boston, as Book Running Manager, and Deutshe Bank Securities Inc, as Sole Lead Arranger and Book Running Manager,
incorporated by reference to Exhibit 10.1 of the Companys Current Report on Form 8-K dated May 7, 2004.
4.2
Warrant Agreement dated as of May 5, 2004 by and between the Company and American Stock Transfer Trust Company, incorporated by reference to Exhibit 3 to the Companys on Form 8-A dated
May 6, 2004.
10.9
Executive Employment Agreement with Craig H. Muhlhauser, as amended on June 14, 2002.
10.18
Restructuring Milestone Incentive Plan, incorporated by reference to Exhibit 10.19 to the Companys Annual Report on Form 10-K for the fiscal year ended March 31, 2002.
10.19
Corporate Incentive Plan, incorporated by reference to Exhibit 10.20 to the Companys Annual Report on Form 10-K for the fiscal year ended March 31, 2002.
10.20
Services Agreement, dated October 25, 2001, between JA&J Services LLC and the Company, incorporated by reference to Exhibit 10.21 to the Companys Annual Report on Form 10-K for the
fiscal year ended March 31, 2002.
10.21
North American Supply Agreement dated December 15, 1999 between Daramic, Inc. and Exide Corporation (certain confidential portions have been omitted and filed separately with the SEC pursuant
to a request for confidential treatment), incorporated by reference to Exhibit 10.22 to the Companys Annual Report on Form 10-K for the fiscal year ended March 31, 2002.
10.22
Automotive and Industrial Supply Contract dated July 31, 2001 between Daramic, Inc. and Exide Corporation (certain confidential portions have been omitted and filed separately with the SEC
pursuant to a request for confidential treatment), incorporated by reference to Exhibit 10.23 to the Companys Annual Report on Form 10-K for the fiscal year ended March 31, 2002.
Golf Cart Separator Supply Contract dated July 31, 2001 between Daramic, Inc. and Exide Corporation (certain confidential portions have been omitted and filed separately with the SEC pursuant
to a request for confidential treatment), incorporated by reference to Exhibit 10.24 to the Companys Annual Report on Form 10-K for the fiscal year ended March 31, 2002.
10.24
Amendment to Supply Contracts dated July 31, 2001 between Daramic, Inc. and Exide Corporation (certain confidential portions have been omitted and filed separately with the SEC pursuant to a
request for confidential treatment), incorporated by reference to Exhibit 10.25 to the Companys Annual Report on Form 10-K for the fiscal year ended March 31, 2002.
10.25
Amendment No. 2 to Supply Contracts dated July 11, 2002 between Daramic, Inc. and Exide Technologies (certain confidential portions have been omitted and filed separately with the SEC
pursuant to a request for confidential treatment), incorporated by reference to Exhibit 10.26 to the Companys Annual Report on Form 10-K for the fiscal year ended March 31, 2002.
10.26
Exide Technologies et al. Debtors Income Protection Plan, incorporated by reference to Exhibit 10.27 to the Companys Annual Report on Form 10-K for the fiscal year ended March 31,
2002.
21
Subsidiaries of the Company.
*31.1
Certification of Craig H. Muhlhauser, President and Chief Executive Officer, pursuant to Section 302 of Sarbanes-Oxley Act of 2002
*31.2
Certification of Ian J. Harvie, Interim Chief Financial Officer and Vice President, Corporate Controller, pursuant to Section 302 of Sarbanes-Oxley Act of 2002
*32.1
Certifications pursuant to Section 906 of Sarbanes-Oxley Act of 2002
*
Filed with this Report.
Management contract or compensatory plan or arrangement.