INDEX OF APPENDICES. Exhibit l.l(a)(i) - Form of Notice of Revolving Credit Advance Exhibit l.l(a)(ii) - Form of Revolving Note Exhibit l.l(b)(ii) - Form of Swing Line Note Exhibit l.5(e) - Form of Notice of Conversion/Continuation Exhibit l.6B(a) - Form of Lease Exhibit 4.l(b) - Form of Borrowing Base Certificate Exhibit 6.7(d)(iii)(A) - Form of Intercreditor Agreement (Floor Plan Inventory) Exhibit 6.7(d)(iii)(B) - Form of Intercreditor Agreement (Off Balance Sheet Inventory) Exhibit 9.1(a) - Form of Assignment Agreement Exhibit X-x(a) - Form of Notice of Issuance of Letter of Credit Schedule 1.1 - Responsible Individual Schedule 1.4 - Sources and Uses; Funds Flow Memorandum Schedule 3.2 - Executive Offices; FEIN Schedule 3.4(A) - Financial Statements Schedule 3.4(B) - Pro Forma Schedule 3.4(C) - Projections Schedule 3.4(D) - Fair Salable Balance Sheet Schedule 3.4(E) - Financial Statements Schedule 3.6 - Real Estate and Leases Schedule 3.7 - Labor Matters Schedule 3.8 - Ventures, Subsidiaries and Affiliates; Outstanding Stock Schedule 3.11 - Tax Matters Schedule 3.12 - ERISA Plans Schedule 3.13 - Litigation Schedule 3.15 - Intellectual Property Schedule 3.17 - Hazardous Materials Schedule 3.18 - Insurance Schedule 3.19 - Deposit and Disbursement Accounts Schedule 3.20 - Government Contracts Schedule 3.22 - Material Agreements Schedule 5.1 - Trade Names Schedule 5.9 - Real Estate Liens Schedule 6.2 - Investments Schedule 6.3 - Indebtedness Schedule 6.4(a) - Extraordinary Transactions Schedule 6.4(b) - Transactions with Affiliates Schedule 6.6 - Guaranteed Indebtedness Schedule 6.7 - Existing Liens Annex A (Recitals) - Definitions Annex B (Section 1.2) - Letters of Credit Annex C (Section 1.8) - Cash Management Systems Annex D (Section 2.1 (a)) - Closing Checklist Annex E (Section 4.l(a)) - Financial Statements and Projections — Reporting Annex F (Section 4.1(b)) - Collateral Reports Annex G (Section 6.10) - Financial Covenants Annex H (Section 9.9(a)) - Lenders’ Wire Transfer Information Annex I (Section 11.10) - Notice Addresses CREDIT AGREEMENT, dated as of June 17, 2002 (this “Credit Agreement”), among GREAT NORTHERN EQUIPMENT, INC., a Montana corporation (“Great Northern”), H&E EQUIPMENT SERVICES L.L.C., a Louisiana limited liability company (f/k/a/ Gulf Wide Industries, L.L.C., a Louisiana limited liability company (“Gulf Wide”)) (“H&E” and together with Great Northern, each individually, a “Borrower”, and collectively and jointly and severally, the “Borrowers”), the ot...
INDEX OF APPENDICES. Exhibit 1.1
INDEX OF APPENDICES. Annexes Exhibits
INDEX OF APPENDICES. Annex A (Recitals) - Definitions Annex B - Lenders’ Wire Transfer Information Annex C (Section 11.9) - Notice Addresses Annex D (from Annex A – - Commitments as of Closing Date Commitments definition) Annex E (from Annex A – - Assessed Equipment Assessed Equipment definition) Exhibit 1.2(a) - Form of Notice of Revolving Credit Advance/Election of BA Periods Exhibit 1.2(b) - Form of Revolving Note Exhibit 1.2(d) - Form of Notice of Extension Exhibit 1.4(b) - Form of Term Loan B Note Exhibit 3.4(b) - Form of Notice of Rollover or Conversion Exhibit 5.1(b) - Form of Borrowing Base Certificate Exhibit 6.8(a) - Form of Environmental Certificate Exhibit 11.1(b) - Form of Assignment Agreement Schedule 5.4 - Insurance Disclosure Schedule 4.1 - Type of Entity; Jurisdiction of Organization Disclosure Schedule 4.2 - Executive Offices, Collateral Locations Disclosure Schedule 4.4(a) - Financial Statements Disclosure Schedule 4.4(b) - Projections Disclosure Schedule 4.7 - Labour Matters Disclosure Schedule 4.8 - Ventures, Subsidiaries and Affiliates; Outstanding Stock Disclosure Schedule 4.10 - Tax Matters Disclosure Schedule 4.11 - Litigation Disclosure Schedule 4.12 - Pension and Benefit Plans Disclosure Schedule 4.13 - Brokers Disclosure Schedule 4.14 - Intellectual Property Disclosure Schedule 4.16 - Hazardous Materials Disclosure Schedule 4.17 - Insurance Disclosure Schedule 4.18 - Deposit and Disbursement Accounts Disclosure Schedule 4.19 - Government Contracts Disclosure Schedule 4.21 - Bonds; Patent, Trademark, Industrial Design Licenses Disclosure Schedule 6.1 - Trade Names Disclosure Schedule 7.4 - Indebtedness Disclosure Schedule 7.5(a) - Transactions with Affiliates Disclosure Schedule 7.5(b) - Transactions with Employees Disclosure Schedule 7.7 - Guaranteed Indebtedness Disclosure Schedule 7.8 - Existing Liens This Amended and Restated Credit Agreement (this “Agreement”), dated as of December 31, 2008, among EVEREADY ENERGY SERVICES CORP., a corporation incorporated under the laws of Alberta (“Borrower”), the other Credit Parties signatory hereto, and GE CANADA ASSET FINANCING HOLDING COMPANY (“GE Canada” or “Agent”), for itself as Lender and Agent, [The names of Lenders have been omitted from the SEDAR version of this Agreement in accordance with National Instrument 51-102 in order to comply with the confidentiality requirements of Section 13.13 of this Agreement], as Lenders, and the other Lenders signatory hereto from time to time.
INDEX OF APPENDICES. Intellectual Property Agreements
INDEX OF APPENDICES. Annex A (Recitals) - Definitions Annex B (Section 1.2) - Letters of Credit Annex C (Section 1.8) - Cash Management System Annex D (Section 2.1(a)) - Closing Checklist Annex E (Section 4.1(a)) - Financial Statements and Projections -- Reporting Annex F (Section 4.1(b)) - Collateral Reports Annex G (Section 6.10) -
INDEX OF APPENDICES. Annexes Annex A - Definitions Annex B - Pro Rata Shares and Commitment Amounts Annex C - Closing Checklist Annex D - Pro Forma Annex E - Lenders' Bank Accounts Exhibits
INDEX OF APPENDICES. Annex A -- Agent’s Wire Transfer Information Axxxx X -- Commitments as of Closing Date Exhibit 1.1(a) -- Form of Supplemental Guaranty Exhibit 1.1(b) -- Form of ABL Intercreditor Agreement Exhibit 1.1(c) -- Form of Compliance Certificate Exhibit 1.1(d) -- Form of Security Agreement Exhibit 1.1(e) -- Form of Pari Passu Intercreditor Agreement Exhibit 1.1(f) -- Form of Junior Intercreditor Agreement Exhibit 1.1(g) -- Form of Note Exhibit 1.1(h) -- Form of Permitted Loan Purchase Assignment and Acceptance Exhibit 2.1(b) -- Form of Notice of Borrowing Exhibit 2.5(e) -- Form of Notice of Conversion/Continuation Exhibit 3.1 -- Form of Solvency Certificate Exhibit 11.1(a) -- Form of Assignment Agreement Schedule A-1 -- Guarantors Schedule 2.1 -- Agent’s Representatives Schedule 4.2 -- Chief Executive Office, Jurisdiction of Organization; Principal Place of Business; Collateral Locations; FEIN Schedule 4.6 -- Real Property and Leases Schedule 4.7 -- Labor Matters Schedule 4.8 -- Subsidiaries and Joint Ventures Schedule 4.13 -- Litigation Schedule 4.15 -- Intellectual Property Schedule 4.17 -- Hazardous Materials Schedule 6.13 -- Unrestricted Subsidiaries Schedule 6.14 -- Post-Closing Matters Schedule 7.1 -- Indebtedness on the Closing Date This SENIOR SECURED TERM LOAN CREDIT AGREEMENT (as the same may be amended, supplemented, restated or otherwise modified from time to time, this “Agreement”), dated as of October 30, 2015, by and among XPO, INC. (f/k/a XPO LOGISTICS, INC.), a Delaware corporation (“Borrower”); the other Credit Parties from time to time signatory hereto; MXXXXX SXXXXXX SENIOR FUNDING, INC. (“MSSF”), as administrative agent and collateral agent for the Lenders (together, with any permitted successors in such capacity, “Agent”); and the Lenders signatory hereto from time to time.
INDEX OF APPENDICES. Annex A (Recitals) - Definitions Annex B (Section 1.2A) - Reserved Annex C (Section 1.7) - Cash Management System Annex D-1 (Section 2.1(a)) - Closing Checklist Annex D-2 (Section 5.16(b)) - Post-Closing Checklist Annex D-3 (Section 5.16(c)) - Post-Closing Checklist (Control Agreements) Annex D-4 (Section 5.16(d)) - Post-Closing Checklist (Second Amendment Closing Date) Annex E (Section 4.1(a)) - Financial Statements and Projections -- Reporting Annex F (Section 4.1(b)) - Collateral Reports Annex G (Section 6.10) - Financial Covenants Annex H (Section 11.10) - Notice Addresses Annex I - Commitments Annex J - Collateral Annex K (Section 5.4) - Insurance
INDEX OF APPENDICES. Annex A (Recitals) - Definitions Annex B (Section 1.2A) - Letters of Credit Annex C (Section 1.7) - Cash Management System Annex D (Section 2.1(a)) - Closing Checklist Annex E (Section 4.1(a)) - Financial Statements and Projections Reporting Annex F (Section 4.1(b)) - Collateral Reports Annex G (Section 6.10) - Financial Covenants Annex H (Section 11.10) - Notice Addresses Annex I (from Annex A- Commitments definition) - Commitments as of Restatement Date Annex J - Collateral Annex K (Section 5.4) - Insurance Exhibit 1.1(a)(i) - Form of Notice Revolving Credit Advance Exhibit 1.1(a)(iii) - Form of Cdn. Revolving Note Exhibit 1.1(b) - Form of Cdn. Term Note Exhibit 1.1(c)(iii) - Form of US Revolving Note Exhibit 1.1(d)(i) - Form of US GR Term Note Exhibit 1.1(e)(i) - Form of US BC Term Note Exhibit 1.1(f)(ii) - Form of Cdn. Swing Line Note Exhibit 1.1(g)(ii) - Form of US Swing Line Note Exhibit 1.5(e)(ii) - Form of Notice of Conversion/Continuation - LIBOR Exhibit 1.5(e)(iii) - Form of Notice of Conversion/Continuation - BA RATE Exhibit 4.1(b) - Form of Borrowing Base Certificate, Accounts Receivable Reconciliation and Accounts Payable Rollforward and Reconciliation
