Effectiveness and Counterparts. This Amendment may be executed in as many counterparts as US Agent, Canadian Agent, the Lenders and the Borrowers deem convenient, and shall become effective upon delivery to US Agent and Canadian Agent of: (i) all executed counterparts hereof from the Lenders and from Borrowers and each of the Guarantors; (ii) the documents listed on the Closing Checklist attached hereto as Exhibit A; and (iii) any other documents or items which US Agent or Canadian Agent may require to carry out the terms hereof. [Signature Page Follows] This First Amendment to Credit Agreement is executed and delivered on the Effective Date. COMERICA BANK, as US Agent By: /s/ Xxxxx X. Xxxxxx Its: VP & AGM COMERICA BANK, as US Lender, as US Issuing Lender, and as US Swing Line Lender By: /s/ Xxxxx X. Xxxxxx Its: VP & AGM COMERICA BANK, as Canadian Agent By: /s/ Xxxx Xxxxx Its: Portfolio Manager COMERICA BANK, as Canadian Lender, as Canadian Issuing Lender, and as Canadian Swing Line Lender By: /s/ Xxxx Xxxxx Its: Portfolio Manager By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: President By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: President By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: Vice President By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: Vice President By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: Vice President By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: Vice President GUARANTORS: By: Its: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx President By: Its: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx President By: Its: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Vice President By: Its: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Vice President By: Its: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Vice President By: Its: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx President By: Its: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Vice President
Appears in 1 contract
Effectiveness and Counterparts. This Amendment may be executed in as many counterparts as US Agent, Canadian Agent, the Lenders and the Borrowers deem convenient, and shall become effective upon delivery to US Agent and Canadian Agent of: (i) all executed counterparts hereof from the Lenders and from Borrowers and each of the Guarantors; (ii) the documents listed on the Closing Checklist attached hereto as Exhibit A; and (iii) any other documents or items which US Agent or Canadian Agent may require to carry out the terms hereof. [Signature Page Follows] This First Amendment No. 4 to Credit Agreement is executed and delivered on the Fourth Amendment Effective Date. COMERICA BANK, as US Agent By: /s/ Xxxxx X. Xxxxxx Xxxxxx, III Xxxxx X. Xxxxxx, III Its: VP & AGM Vice President COMERICA BANK, as US Lender, as US Issuing Lender, and as US Swing Line Lender By: /s/ Xxxxx X. Xxxxxx Xxxxxx, III Xxxxx X. Xxxxxx, III Its: VP & AGM Vice President COMERICA BANK, as Canadian Agent By: /s/ Xxxx Xxxxx Xxxxxxxx Xxxxxxx Xxxxxxxx Xxxxxxx Its: Portfolio Risk Manager COMERICA BANK, as Canadian Lender, as Canadian Issuing Lender, and as Canadian Swing Line Lender By: /s/ Xxxx Xxxxx Xxxxxxxx Xxxxxxx Xxxxxxxx Xxxxxxx Its: Portfolio Risk Manager FIFTH THIRD BANK, as US Lender By: /s/ Xxxxxxx Xxxxxx Print Name Its: Assistant Vice President Title HSBC Bank USA, N.A., as US Lender By: /s/ Xxxxxx X. Xxxxx Print Name Its: Vice President Title By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: President By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: President By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: Vice President By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: Vice President By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: Vice President By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: Vice President GUARANTORS: By: Its/s/ Xxxxxx X. Xxxxx By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: President Its: President By: Its/s/ Xxxxxx X. Xxxxx By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: Vice President Its: Vice President By: Its/s/ Xxxxxx X. Xxxxx By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: Vice President Its: President By: Its: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: Vice President ByUS Borrowers: ItsManitex International, Inc., a Michigan corporation Manitex, Inc. a Texas corporation Manitex Sabre, Inc., a Michigan corporation Badger Equipment Company, a Minnesota corporation Manitex Load King, Inc., a Michigan corporation Canadian Borrower: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Vice President ByManitex Liftking, ULC, an Alberta corporation Agent: ItsComerica Bank, as US Agent for all Lenders Comerica Bank, as Canadian Agent for all Canadian Lenders Lenders: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx President ByComerica Bank, as US Lender and Canadian Lender HSBC Bank, N.A., as US Lender Fifth Third Bank, as US Lender Guarantors: ItsLiftking, Inc. (with respect to debt of US Borrowers and Canadian Borrower) Manitex, LLC (with respect to debt of Canadian Borrower) All US Borrowers (with respect to debt of Canadian Borrower) Transaction: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Vice PresidentAmendment No. 4 to Credit Agreement LOAN DOCUMENTS
1. Amendment No. 4 to Credit Agreement
2. Closing Certificate
3. Effectiveness Letter
Appears in 1 contract
Effectiveness and Counterparts. This Amendment may be executed in as many counterparts as US Agent, Canadian Agent, the Lenders and the Borrowers deem convenient, and shall become effective upon delivery to US Agent and Canadian Agent of: (i) all executed counterparts hereof from the Lenders and from Borrowers and each of the Guarantors; (ii) the documents listed on the Closing Checklist attached hereto as Exhibit A; and (iii) any other documents or items which US Agent or Canadian Agent may require to carry out the terms hereof. [Signature Page Follows] This First Amendment No. 1 to Amended and Restated Credit Agreement is executed and delivered on the Amendment No. 1 Effective Date. MANITEX INTERNATIONAL, INC. By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: President MANITEX, INC. By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: President MANITEX SABRE, INC. By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: President BADGER EQUIPMENT COMPANY By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: President MANITEX LOAD KING, INC. By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: President MANITEX LOAD KING, INC. By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: President COMERICA BANK, as US Agent BANK By: /s/ Xxxxx X. Xxxxxx Xxxxxx, III Xxxxx X. Xxxxxx, III Its: VP & AGM Vice President COMERICA BANK, as US Lender, as US Issuing Lender, and as US Swing Line Lender By: /s/ Xxxxx X. Xxxxxx Xxxxxx, III Xxxxx X. Xxxxxx, III Its: VP & AGM Vice President COMERICA BANK, as Canadian Agent By: /s/ Xxxx Xxxxx Xxxxxxxx Xxxxxxx Xxxxxxxx Xxxxxxx Its: Portfolio Risk Manager COMERICA BANK, as Canadian Lender, as As Canadian Issuing Lender, and as Canadian Swing Line Lender By: /s/ Xxxx Xxxxxxxx Xxxxxxx Xxxxxxxx Xxxxxxx Its: Portfolio Risk Manager FIFTH THIRD BANK, as US Lender By: /s/ Xxxxxxx Xxxxxx Xxxxxxx Xxxxxx Its: Assistant Vice President FIFTH THIRD BANK, as Canadian Lender By: /s/ Xxxxx Xxxxxxx Xxxxx Xxxxxxx Its: Director GUARANTORS: MANITEX INTERNATIONAL, INC. MANITEX, INC. By: /s/ Xxxxxx X. Xxxxx By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: Portfolio Manager President Its: President MANITEX SABRE, INC. BADGER EQUIPMENT COMPANY By: /s/ Xxxxxx X. Xxxxx By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: President Its: President MANITEX LOAD KING, INC. LIFTKING, INC. By: /s/ Xxxxxx X. Xxxxx By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: President Its: President MANITEX, LLC NORTH AMERICAN EQUIPMENT, INC. By: /s/ Xxxxxx X. Xxxxx By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: President Its: President NORTH AMERICAN DISTRIBUTION, INC. By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: President By(basis points per annum) Consolidated North American Total Debt to Consolidated North American EBITDA Ratio * <3.00 to 1.00 >3.00 to 1.00 <3.50 to 1.00 >3.50 to 1.00 <4.00 to 1.00 >4.00 to 1.00 <4.50 to 1.00 >4.50 to 1.00 US Revolving Credit Eurodollar Margin 275 300 325 350 400 US Revolving Credit US Base Rate Margin 175 200 225 250 300 US Revolving Credit Facility Fee 37.5 50 50 50 50 US Letter of Credit Fees (exclusive of facing fees) 275 300 325 350 400 Term Loan Eurodollar Margin 325 350 375 400 450 Term Loan US Base Rate Margin 225 250 275 300 350 Canadian Revolving Credit Canadian Prime-based Margin 275 300 325 350 400 Canadian Revolving Credit US Prime-based Margin 175 200 225 250 300 Canadian Revolving Credit Facility Fee 50 50 50 50 50 Canadian BA-based Rate (for Canadian Dollar advances) and Eurodollar Rate (for US Dollar Advances) 275 300 325 350 400 Canadian Letter of Credit Fees (exclusive of facing fees) 275 300 325 350 400 * Definitions as set forth in the Credit Agreement. ** Pricing grid level as of January 9, 2015 US Borrowers: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx ItsManitex International, Inc., a Michigan corporation Manitex, Inc. a Texas corporation Manitex Sabre, Inc., a Michigan corporation Badger Equipment Company, a Minnesota corporation Manitex Load King, Inc., a Michigan corporation Canadian Borrower: President ByManitex Liftking, ULC, an Alberta corporation Agent: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx ItsComerica Bank, as US Agent for all Lenders Comerica Bank, as Canadian Agent for all Canadian Lenders Guarantors: Vice President ByLiftking, Inc. (with respect to debt of all Borrowers) Manitex, LLC (with respect to debt of all Borrowers) All US Borrowers (with respect to debt of Canadian Borrower) North American Distribution, Inc. (with respect to debt of all Borrowers) North American Equipment, Inc. (with respect to debt of all Borrowers) Subordinated Creditors: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx ItsTerex Corporation, MI Convert Holdings LLC and Invemed Associates LLC a New York limited liability company Transaction: Vice President ByAmendment No. 1 to Amended and Restated Credit Agreement Closing Date: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: Vice President By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: Vice President GUARANTORS: By: Its: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx President By: Its: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx President By: Its: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Vice President By: Its: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Vice President By: Its: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Vice President By: Its: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx President By: Its: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Vice PresidentMarch , 2015
I. LOAN DOCUMENTATION
A. Loan Documents
1. Amendment No. 1 to Credit Agreement.
2. Closing Certificate
3. Secretary’s Certificate – Manitex, LLC
4. Amended and Restated Operating Agreement – Manitex, LLC
Appears in 1 contract
Effectiveness and Counterparts. This Amendment may be executed in as many counterparts as US Agent, Canadian Agent, the Lenders and the Borrowers deem convenient, and shall become effective upon delivery to US Agent and Canadian Agent of: (i) all executed counterparts hereof from the Lenders and from Borrowers and each of the Guarantors; (ii) the documents listed on the Closing Checklist attached hereto as Exhibit A; and (iii) any other documents or items which US Agent or Canadian Agent may require to carry out the terms hereof. [Signature Page Follows] This First Amendment No. 3 to Credit Agreement is executed and delivered on the Third Amendment Effective Date. COMERICA BANK, as US Agent By: /s/ Xxxxx X. Xxxxxx Xxxxxx, III Xxxxx X. Xxxxxx, III Its: VP & AGM Vice President COMERICA BANK, as US Lender, as US Issuing Lender, and as US Swing Line Lender By: /s/ Xxxxx X. Xxxxxx Xxxxxx, III Xxxxx X. Xxxxxx, III Its: VP & AGM Vice President COMERICA BANK, as Canadian Agent By: /s/ Xxxx Xxxxx Xxxx Xxxxx Its: Portfolio Manager COMERICA BANK, as Canadian Lender, as Canadian Issuing Lender, and as Canadian Swing Line Lender By: /s/ Xxxx Xxxxx Xxxx Xxxxx Its: Portfolio Manager FIFTH THIRD BANK, as US Lender /s/ Xxxxxxx Xxxxxx By: Xxxxxxx Xxxxxx Print Name Its: Assistant Vice President Title HSBC BANK USA, N.A, as US Lender /s/ Xxxxxx X. Xxxxx By: Xxxxxx X. Xxxxx Print Name Its: Vice President Title By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: President By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: President By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: Vice President By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: Vice President By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: Vice President By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: Vice President GUARANTORS: By: Its/s/ Xxxxxx X. Xxxxx By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: President Its: President By: Its/s/ Xxxxxx X. Xxxxx By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: Vice President Its: Vice President By: Its/s/ Xxxxxx X. Xxxxx By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: Vice President Its: President By: Its: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: Vice President ByUS Borrowers: ItsManitex International, Inc., a Michigan corporation Manitex, Inc. a Texas corporation Manitex Sabre, Inc., a Michigan corporation Badger Equipment Company, a Minnesota corporation Manitex Load King, Inc., a Michigan corporation Canadian Borrower: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Vice President ByManitex Liftking, ULC, an Alberta corporation Agent: ItsComerica Bank, as US Agent for all Lenders Comerica Bank, as Canadian Agent for all Canadian Lenders Lenders: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx President ByComerica Bank, as US Lender and Canadian Lender HSBC Bank, N.A., as US Lender Fifth Third Bank, as US Lender Guarantors: ItsLiftking, Inc. (with respect to debt of US Borrowers and Canadian Borrower) Manitex, LLC (with respect to debt of Canadian Borrower) All US Borrowers (with respect to debt of Canadian Borrower) Transaction: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Vice PresidentAmendment No. 3 to Credit Agreement LOAN DOCUMENTS
1. Amendment No. 3 to Credit Agreement
2. Closing Certificate
Appears in 1 contract
Effectiveness and Counterparts. This Amendment may be executed in as many counterparts as US Agent, Canadian Agent, the Lenders and the Borrowers deem convenient, and shall become effective upon delivery to US Agent and Canadian Agent of: (i) all executed counterparts hereof from the Lenders and from Borrowers and each of the Guarantors; (ii) the documents listed on the Closing Checklist attached hereto as Exhibit A; and (iii) any other documents or items which US Agent or Canadian Agent may require to carry out the terms hereof. [Signature Page Follows] This First Amendment No. 5 to Credit Agreement is executed and delivered on the Fifth Amendment Effective Date. COMERICA BANK, as US Agent By: /s/ Xxxxx X. Xxxxxx Xxxxxx, III Xxxxx X. Xxxxxx, III Its: VP & AGM Vice President COMERICA BANK, as US Lender, as US Issuing Lender, and as US Swing Line Lender By: /s/ Xxxxx X. Xxxxxx Xxxxxx, III Xxxxx X. Xxxxxx, III Its: VP & AGM Vice President COMERICA BANK, as Canadian Agent By: /s/ Xxxx Xxxxx Xxxxxxxx Xxxxxxx Xxxxxxxx Xxxxxxx Its: Portfolio Risk Manager COMERICA BANK, as Canadian Lender, as Canadian Issuing Lender, and as Canadian Swing Line Lender By: /s/ Xxxx Xxxxx Xxxxxxxx Xxxxxxx Xxxxxxxx Xxxxxxx Its: Portfolio Risk Manager FIFTH THIRD BANK, as US Lender By: /s/ Xxxxxxx Xxxxxx Xxxxxxx Xxxxxx Its: Assistant Vice President By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: President By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: President By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: Vice President By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: Vice President By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: Vice President By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: Vice President GUARANTORS: By: Its/s/ Xxxxxx X. Xxxxx By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: President Its: President By: Its/s/ Xxxxxx X. Xxxxx By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: Vice President Its: Vice President By: Its/s/ Xxxxxx X. Xxxxx By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: Vice President Its: President By: Its/s/ Xxxxxx X. Xxxxx By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: Vice President Its: Vice President By: Its: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: Vice President ByComerica Bank 75 % US$ 30,000,000.00 100 % US$ 9,000,000.00 US$ 39,000,000.00 79.59 % Fifth Third Bank 25 % US$ 10,000,000.00 0.0 % US$0.00 US$ 10,000,000.00 20.41 % Manitex International, Inc. 0000 Xxxxxxxxxx Xxxxx Xxxxxxxxxx, Xxxxxxxx 00000 Corporation Michigan Tax: ItsOrganizational: /s/ Xxxxxx X. Manitex, Inc. 0000 Xxxxxxxxxx Xxxxx Xxxxxx X. Xxxxxxxxxx, Xxxxxxxx 00000 Corporation Texas Tax: Organizational: Manitex Sabre, Inc. 0000 Xxxxxxxxxx Xxxxx President ByXxxxxxxxxx, Xxxxxxxx 00000 Corporation Michigan Tax: ItsOrganizational: /s/ Xxxxxx X. Badger Equipment Company 0000 Xxxxxxxxxx Xxxxx Xxxxxx X. Xxxxxxxxxx, Xxxxxxxx 00000 Corporation Minnesota Tax: Organizational: Manitex Load King, Inc. 0000 Xxxxxxxxxx Xxxxx Vice PresidentXxxxxxxxxx, Xxxxxxxx 00000 Corporation Michigan Tax: Organizational: Manitex Liftking, ULC 0000 Xxxxxxxxxx Xxxxx Xxxxxxxxxx, Xxxxxxxx 00000 Unlimited Liability Company Alberta Organizational: Liftking, Inc. 0000 Xxxxxxxxxx Xxxxx Xxxxxxxxxx, Xxxxxxxx 00000 Corporation Michigan Tax: Organizational: Manitex, LLC 0000 Xxxxxxxxxx Xxxxx Xxxxxxxxxx, Xxxxxxxx 00000 Limited Liability Company Delaware Tax: Organizational: North American Equipment, Inc. 0000 Xxxxxxxxxx Xxxxx Xxxxxxxxxx, Xxxxxxxx 00000 Corporation Illinois Tax: Organizational: North American Distribution, Inc. 0000 Xxxxxxxxxx Xxxxx Xxxxxxxxxx, Xxxxxxxx 00000 Corporation Illinois Tax: Organizational: Manitex International, Inc. Michigan, Illinois Manitex, Inc. Texas, Louisiana Manitex Sabre, Inc. Michigan Badger Equipment Company Minnesota Manitex Load King, Inc. Michigan, Louisiana and South Dakota Liftking, Inc. Michigan Manitex, LLC Delaware North American Equipment, Inc. Illinois North American Distribution, Inc. Illinois Manitex International, Inc. Manitex Load King, Inc. Manitex Sabre, Inc. Badger Equipment Company Quantum Value Management CVS Farrari S.R.L. Liftking, Inc. Manitex, LLC North American Equipment, Inc. North American Distribution, Inc. Manitex, Inc. None Manitex Sabre, Inc. None Badger Equipment Company None Manitex Load King, Inc. None Manitex Liftking, ULC None Liftking, Inc. Manitex Liftking, ULC Manitex, LLC Manitex, Inc. North American Equipment, Inc. None North American Distribution, Inc. None Manitex International, Inc. A.S.V. Inc. Preferred 150,000 (No par) 0 Not applicable Common 20,000,000 (No par) 12,295,879 Public traded Manitex, Inc. 1,000 (No par) 1,000 Manitex, LLC Manitex Sabre, Inc. 1,000 (No par) 100 Manitex International, Inc. Badger Equipment Company 1,000 (No par) 1,000 Manitex International, Inc. Manitex Load King, Inc. 1,000 (No par) 100 Manitex International, Inc. Manitex Liftking, ULC N/A N/A Liftking, Inc. Liftking, Inc. 60,000 (0.001 Par) 5,000 Manitex International, Inc. Manitex, LLC N/A N/A Manitex International, Inc. North American Equipment, Inc. 1,000 (No par) 100 Manitex International, Inc. North American Distribution, Inc. 1,000 (No par) 100 Manitex International, Inc. US Borrowers: Manitex International, Inc., a Michigan corporation Manitex, Inc. a Texas corporation Manitex Sabre, Inc., a Michigan corporation Badger Equipment Company, a Minnesota corporation Manitex Load King, Inc., a Michigan corporation Canadian Borrower: Manitex Liftking, ULC, an Alberta corporation Agent: Comerica Bank, as US Agent for all Lenders Comerica Bank, as Canadian Agent for all Canadian Lenders Guarantors: Liftking, Inc. (with respect to debt of US Borrowers and Canadian Borrower) Manitex, LLC (with respect to debt of Canadian Borrower) All US Borrowers (with respect to debt of Canadian Borrower) North American Distribution, Inc. (New – add by Joinder) (“Distribution”) North American Equipment, Inc. (New – add by Joinder) (“Equipment”) Subordinate Creditor: Terex Corporation Transaction: Amendment No. 5 and Add new guarantors Closing Date: December 19, 2014
I. LOAN DOCUMENTATION
A. Loan Documents
1. Amendment No. 5 to Credit Agreement
2. Closing Certificate
B. Guaranties / Collateral Instruments/Agreements
Appears in 1 contract
