ContractPacific Investment Management Co LLC • April 12th, 2022 • Railroad equipment
THIS WARRANT AND THE UNDERLYING SECURITIES HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR UNDER THE SECURITIES LAWS OF APPLICABLE STATES. THESE SECURITIES ARE SUBJECT TO RESTRICTIONS ON TRANSFERABILITY AND RESALE AND MAY NOT BE TRANSFERRED OR RESOLD EXCEPT AS PERMITTED UNDER THE ACT AND APPLICABLE STATE SECURITIES LAWS, PURSUANT TO REGISTRATION UNDER SUCH LAWS OR AN EXEMPTION FROM SUCH REGISTRATION REQUIREMENT.
AMENDMENT NO. 4 TO CREDIT AGREEMENTCredit Agreement • January 7th, 2022 • Pacific Investment Management Co LLC • Railroad equipment • New York
CREDIT AGREEMENT, dated as of October 13, 2020 (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”), among FreightCar America, Inc., a Delaware corporation (“Holdings”), FreightCar North America, LLC, a Delaware limited liability company (the “Borrower”), the several banks and other financial institutions or entities from time to time parties hereto as lenders (the “Lenders”), CO Finance LVS VI LLC, as LC Provider (together with its permitted successors and assigns in such capacity, the “LC Provider”), and U.S. Bank National Association, as disbursing agent for the Lenders (together with its permitted successors and assigns in such capacity, the “Disbursing Agent”) and as collateral agent for the Secured Parties (together with its successors and permitted assigns in such capacity, the “Collateral Agent”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • April 12th, 2022 • Pacific Investment Management Co LLC • Railroad equipment
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is dated as of April 4, 2022 (the “Effective Date”), by and between FreightCar America, Inc., a Delaware corporation (the “Company”), and OC III LVS XXVIII LP, a Delaware limited liability partnership (the “Investor”).
WARRANT ACQUISITION AGREEMENT by and among OC III LVS XXVIII LP and FREIGHTCAR AMERICA, INC., Dated as of April 4, 2022Warrant Acquisition Agreement • April 12th, 2022 • Pacific Investment Management Co LLC • Railroad equipment • New York
This WARRANT ACQUISITION AGREEMENT (this “Agreement”) is dated as of April 4, 2022 (the “Effective Date”) by and between FreightCar America, Inc., a Delaware corporation (the “Company”) and OC III LVS XXVIII LP, a Delaware limited partnership (the “Investor”).
Reimbursement AgreementReimbursement Agreement • August 11th, 2021 • Pacific Investment Management Co LLC • Railroad equipment • New York
This REIMBURSEMENT AGREEMENT (this “Agreement”) is entered into as of July 30, 2021, by and among: (i) CO FINANCE LVS VI LLC, a Delaware limited liability company, as LC Provider (in such capacity and together with its successors and permitted assigns in such capacity, “LC Provider”), (ii) U.S. BANK, NATIONAL ASSOCIATION, as Disbursing Agent (in such capacity and together with its successors and permitted assigns in such capacity, “Disbursing Agent”), (iii) ALTER DOMUS (US) LLC, as calculation agent for LC Provider (in such capacity and together with its successors and permitted assigns in such capacity, “Calculation Agent”) and (iv) FREIGHTCAR AMERICA, INC., a Delaware corporation (“Company”).
FORM OF LOCK-UP AGREEMENT Velocity Financial, Inc. Public Offering of Common StockLock-Up Agreement • April 14th, 2020 • Pacific Investment Management Co LLC • Finance services • New York
