and RICKY L. HAASStock Purchase Agreement • November 14th, 2000 • Heafner Tire Group Inc • Wholesale-motor vehicle supplies & new parts • North Carolina
THE J.H. HEAFNER COMPANY, INC. IssuerIndenture • December 15th, 1998 • J H Heafner Co Inc • Wholesale-motor vehicle supplies & new parts • New York
THIRD AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT Dated as of March 19, 2004Loan and Security Agreement • March 26th, 2004 • American Tire Distributors Inc • Wholesale-motor vehicle supplies & new parts • New York
ARTICLE II AGREEMENT TO BE BOUND; GUARANTEESupplemental Indenture • November 15th, 2004 • American Tire Distributors Inc • Wholesale-motor vehicle supplies & new parts • New York
INTRODUCTIONShare Purchase Agreement • April 11th, 2002 • Heafner Tire Group Inc • Wholesale-motor vehicle supplies & new parts • New York
1 EXHIBIT 10.18 HEAFNER TIRE GROUP, INC. STOCK OPTION AGREEMENT Number of shares subject to option: [75,000] This Agreement (the "Agreement") made this 16TH day of August, 1999, between Heafner Tire Group, Inc., a Delaware corporation (the "Company"),...Stock Option Agreement • March 30th, 2000 • Heafner Tire Group Inc • Wholesale-motor vehicle supplies & new parts • North Carolina
Agreement ---------Shareholder Agreement • May 14th, 2002 • Heafner Tire Group Inc • Wholesale-motor vehicle supplies & new parts • Delaware
WAIVER AND AMENDMENT NO. 8 to SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 12th, 2002 • American Tire Distributors Inc • Wholesale-motor vehicle supplies & new parts • New York
EXHIBIT 10.30 HEAFNER TIRE GROUP, INC. STOCK OPTION AGREEMENT Number of shares subject to option: 50,000] This Agreement (the "Agreement") made this 6th day of June, 2000, between Heafner Tire Group, Inc., a Delaware corporation (the "Company"), and...Stock Option Agreement • April 9th, 2001 • Heafner Tire Group Inc • Wholesale-motor vehicle supplies & new parts • North Carolina
EXHIBIT 10.22 AMERICAN TIRE DISTRIBUTORS, INC. STOCK OPTION AGREEMENT Number of shares subject to option: 357,140 This Agreement (the "Agreement") made this 12th day of June, 2002, between American Tire Distributors, Inc., a Delaware corporation (the...Stock Option Agreement • March 28th, 2003 • American Tire Distributors Inc • Wholesale-motor vehicle supplies & new parts • Delaware
RECITALS:Loan and Security Agreement • November 15th, 2004 • American Tire Distributors Inc • Wholesale-motor vehicle supplies & new parts • New York
EXHIBIT 10.34 STOCK PURCHASE AGREEMENT BY AND AMONG PERFORMANCE MANAGEMENT INC., HEAFNER TIRE GROUP, INC., AS SOLE SHAREHOLDER OF WINSTON TIRE COMPANY, WINSTON TIRE COMPANYStock Purchase Agreement • May 15th, 2001 • Heafner Tire Group Inc • Wholesale-motor vehicle supplies & new parts • California
EXHIBIT 10.32 EXECUTIVE SEVERANCE AGREEMENT, dated as of July 24, 2000 (the "Agreement"), between Heafner Tire Group, Inc., a Delaware corporation (the "Employer"), and James Matthews (the "Employee"). The Employer desires to retain the Employee to...Executive Severance Agreement • April 9th, 2001 • Heafner Tire Group Inc • Wholesale-motor vehicle supplies & new parts • North Carolina
INTRODUCTIONShare Purchase Agreement • April 9th, 2001 • Heafner Tire Group Inc • Wholesale-motor vehicle supplies & new parts • New York
AMENDMENT NO. 5 to SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 26th, 2002 • Heafner Tire Group Inc • Wholesale-motor vehicle supplies & new parts • New York
1 EXHIBIT 10.30 EXECUTIVE SEVERANCE AGREEMENT, dated as of November 1, 1999 (the "Agreement"), between Heafner Tire Group, Inc., a Delaware corporation (the "Employer"), and Ray C. Barney (the "Employee"). The Speed Merchant, Inc., a California...Executive Severance Agreement • March 30th, 2000 • Heafner Tire Group Inc • Wholesale-motor vehicle supplies & new parts
December 1, 1998 BancBoston Robertson Stephens Inc. Credit Suisse First Boston Corporation c/o BancBoston Robertson Stephens Inc. 100 Federal Street M/S 01-12-07 Boston, MA 02110 Dear Sirs: The J. H. Heafner Company, Inc., a North Carolina corporation...Registration Rights Agreement • December 15th, 1998 • J H Heafner Co Inc • Wholesale-motor vehicle supplies & new parts • New York
ARTICLE ISecurities Purchase and Stockholders' Agreement • March 30th, 2000 • Heafner Tire Group Inc • Wholesale-motor vehicle supplies & new parts • Delaware
AMENDED AND RESTATED EXECUTIVE SEVERANCE AGREEMENT, dated as of December 5, 2001 (the "Agreement"), between Heafner Tire Group, Inc., a Delaware corporation (the "Employer"), and Richard P. Johnson (the "Employee"). The Employer and the Employee are...Executive Severance Agreement • March 26th, 2002 • Heafner Tire Group Inc • Wholesale-motor vehicle supplies & new parts • North Carolina
AMENDED AND RESTATED EXECUTIVE SEVERANCE AGREEMENT, dated as of December 5, 2001 (the "Agreement"), between Heafner Tire Group, Inc., a Delaware corporation (the "Employer"), and Daniel K. Brown (the "Employee"). The Employer and the Employee are...Executive Severance Agreement • March 26th, 2002 • Heafner Tire Group Inc • Wholesale-motor vehicle supplies & new parts • North Carolina
February 14, 2005Loan and Security Agreement • March 8th, 2005 • American Tire Distributors Inc • Wholesale-motor vehicle supplies & new parts • New York
We refer to the Third Amended and Restated Loan and Security Agreement dated as of March 19, 2004 (as amended, modified or supplemented and in effect on the date hereof, the “Loan Agreement”), by and among AMERICAN TIRE DISTRIBUTORS, INC., a Delaware corporation (“American Tire”), THE SPEED MERCHANT, INC., a California corporation (“Speed Merchant”), T.O. HAAS HOLDING CO., INC., a Nebraska corporation (“Haas Holding”), T.O. HAAS TIRE COMPANY, INC., a Nebraska corporation (“Haas Tire”), TEXAS MARKET TIRE HOLDINGS I, INC., a Texas corporation (“Holdings”), TEXAS MARKET TIRE, INC., a Texas corporation doing business as Big State Tire Supply (“Big State”), and TARGET TIRE, INC., a North Carolina corporation (“Target”; American Tire, Speed Merchant, Haas Holding, Haas Tire, Holdings, Big State and Target are referred to hereinafter individually as a “Borrower” and collectively as the “Borrowers”), the financial institutions party from time to time to the Loan Agreement (the “Lenders”), FLEE
FLEET CAPITAL CORPORATION Atlanta, GeorgiaLoan and Security Agreement • March 30th, 2000 • Heafner Tire Group Inc • Wholesale-motor vehicle supplies & new parts
FIRST AMENDMENT TO THIRD AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 17th, 2004 • American Tire Distributors Inc • Wholesale-motor vehicle supplies & new parts • New York
THIS FIRST AMENDMENT TO THIRD AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Amendment”) is made and entered into this 2nd day of April, 2004, by and among AMERICAN TIRE DISTRIBUTORS, INC., a Delaware corporation (“American Tire”), THE SPEED MERCHANT, INC., a California corporation (“Speed Merchant”), T.O. HAAS HOLDING CO., INC., a Nebraska corporation (“Haas Holding”), T.O. HAAS TIRE COMPANY, INC., a Nebraska corporation (“Haas Tire”; American Tire, Speed Merchant, Haas Holding and Haas Tire are collectively referred to herein as “Borrowers” and individually as a “Borrower”), the various financial institutions listed on the signature pages hereto (“Lenders”), WACHOVIA BANK, NATIONAL ASSOCIATION, as syndication agent (together with its successors in such capacity, “Syndication Agent”), THE CIT GROUP/BUSINESS CREDIT, INC., as documentation agent (together with its successors in such capacity, “Documentation Agent”), and FLEET CAPITAL CORPORATION, as administrative and collatera
1 EXHIBIT 10.29Executive Severance Agreement • March 30th, 2000 • Heafner Tire Group Inc • Wholesale-motor vehicle supplies & new parts • North Carolina
