Acknowledgement of Guarantee. The FDIC hereby acknowledges that the Issuer has elected to participate in the debt guarantee component of the Program and that, as a result, the Issuer’s Senior Unsecured Debt is guaranteed by the FDIC to the extent set forth in, and subject to the provisions of, the Rule, and subject to the terms hereof.
Acknowledgement of Guarantee. Each Guarantor, including, without limitation, SB Acquisition, in its capacity as a Guarantor as set forth in Section 2.1 hereof, hereby expressly and specifically ratifies, restates and confirms the terms and conditions of the Guarantee in favor of Agent and Lenders and its liability for all of the Guaranteed Obligations, and other obligations, liabilities, agreements and covenants thereunder.
Acknowledgement of Guarantee. The undersigned has previously given a Corporate Guarantee, dated November 1, 2002, to PACCAR Leasing Company. In order to induce PACCAR Leasing Company to enter into this Second Amended and Restated Inventory Financing and Purchase Money Security Agreement, the undersigned hereby acknowledges and agrees that all amounts owed by Rust Truck Leasing, Inc. hereunder are covered by and guaranteed under the terms of the Corporate Guarantee, which are hereby ratified and confirmed.
Acknowledgement of Guarantee. The undersigned has previously given a Corporate Guarantee, dated November 1, 2002, to PACCAR Leasing Company. In order to induce PACCAR Leasing Company to enter into this Amended and Restated Inventory Financing and Purchase Money Security Agreement, the undersigned hereby acknowledges and agrees that all amounts owed by Rust Truck Leasing, Inc. hereunder are covered by and guaranteed under the terms of the Corporate Guarantee, which are hereby ratified and confirmed. RUSH ENTERPRISES, INC. By: /s/ X.X. “Xxxxx” Rush Name: X. X. “Xxxxx” Rush Title: President and Chief Executive Officer EXHIBIT A Form of Request for Advance EXHIBIT B Prepayment Premium Calculation For purposes of calculating the prepayment premium under the Agreement: ● PLC will calculate RTL’s average daily outstanding principal balance under the Loan on a quarterly basis. ● If the average daily outstanding principal balance under the Loan is equal to or greater than the Minimum Balance Threshold during a fiscal quarter, then the prepayment premium will be waived by PLC. ● If the average daily outstanding principal balance under the Loan is less than the Minimum Balance Threshold during a fiscal quarter, then the prepayment premium for that quarter will be three and one-half percent (3.5%) of the amount by which the Minimum Balance Threshold exceeded the average daily outstanding principal balance. By way of examples: If, during the fiscal quarter ended December 31, 2022, the average daily outstanding principal balance under the Note was $165,000,000, then the prepayment premium would be $70,000 for that quarter. ($185,000,000 – $165,000,000) x 3.5% = $70,000 If, during the fiscal quarter ended September 30, 2023, the average daily outstanding principal balance under the Note was $133,000,000, then the prepayment premium would be $59,500 for that quarter. ($150,000,000 – $133,000,000) x 3.5% = $59,500 ● The prepayment premium for any fiscal quarter shall be added to the outstanding principal balance of the floating interest rate portion of the Note, effective as of the first day of the following fiscal quarter. ● The prepayment premium will not apply on and after January 1, 2024.
