LEASELease • November 8th, 2006 • Ahern Rentals Inc • Services-equipment rental & leasing, nec
If an appraiser is required under this Section 1(b)(3), the monthly rent shall be determined by a qualified, independent real property appraiser familiar with commercial rental values in the area. The appraiser shall be selected by Lessee from a list of not fewer than three such individuals submitted by Lessor. If Lessee does not make the selection within ten days after submission of the list, Lessor may do so. If Lessor does not submit such a list within ten (10) days after written request from Lessee to do so, Lessee may name as an appraiser any individual with such qualifications. Within thirty (30) days after appointment, the appraiser shall furnish to both parties an appraisal of the fair market rental value of the Premises, which shall be final and binding on the parties. The cost of the appraisal shall be borne equally by the parties.
REGISTRATION RIGHTS AGREEMENT Dated as of January 17, 2007 by and between AHERN RENTALS, INC. and CIBC WORLD MARKETS CORP. and BANC OF AMERICA SECURITIES LLC as Initial PurchasersRegistration Rights Agreement • March 1st, 2007 • Ahern Rentals Inc • Services-equipment rental & leasing, nec • New York
This Registration Rights Agreement (the “Agreement”) is made and entered into as of January 17, 2007, by and between Ahern Rentals, Inc., a Nevada corporation (the “Company”) and CIBC World Markets Corp. and Banc of America Securities LLC (together, the “Initial Purchasers”).
SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT Dated as of January 8, 2010 among THE FINANCIAL INSTITUTIONS NAMED HEREIN, as the Lenders, BANK OF AMERICA, N.A., as Administrative Agent, WACHOVIA BANK, NATIONAL ASSOCIATION, as Collateral Agent...Loan and Security Agreement • January 12th, 2010 • Ahern Rentals Inc • Services-equipment rental & leasing, nec • New York
This Second Amended and Restated Loan and Security Agreement, dated as of January 8, 2010, is among the lending institutions from time to time party hereto as Lenders (as hereinafter defined), Bank of America, N.A. (“BofA”), as administrative agent for the Lenders (in such capacity, the “Administrative Agent”), Wachovia Bank, National Association (“Wachovia”), as collateral agent for the Lenders (in such capacity, the “Collateral Agent”), Ahern Rentals, Inc. (“Ahern”), each of its subsidiaries party from time to time hereto that becomes a borrower hereunder with the prior written consent of all the Revolving Lenders (such subsidiaries, together with Ahern, are referred to hereinafter each individually as a “Borrower” and collectively as the “Borrowers”) and each of the other Obligated Parties (as hereinafter defined) signatory to this Agreement.
AIRCRAFT LEASE AGREEMENT (N742AR) between KEY EQUIPMENT FINANCE INC., as Lessor and AHERN RENTALS, INC. and DON F. AHERN as LesseeAircraft Lease Agreement • August 9th, 2006 • Ahern Rentals Inc • Services-equipment rental & leasing, nec • New York
THIS AIRCRAFT LEASE AGREEMENT (together with all supplements, exhibits and certificates attached hereto, the “Lease”) is made and entered into as of April 20, 2006 by and between KEY EQUIPMENT FINANCE INC., a Michigan corporation, as lessor (“Lessor”), with a place of business at 1000 South McCaslin Boulevard, Superior, CO 80027, and AHERN RENTALS, INC., a Nevada corporation (sometimes referred to as “Ahern”), and Don F. Ahern, an individual, as joint lessees (Ahern and Don F. Ahern each a “Lessee” and collectively “Lessees”), with its principal place of business at 4241 S. Arville St, Las Vegas, NV 89103-3713. Certain capitalized terms as used in this Lease are defined in Exhibit A hereto, and such definitions are hereby incorporated herein and made a part hereof as though set forth herein in full.
LEASELease • March 29th, 2006 • Ahern Rentals Inc • Services-equipment rental & leasing, nec
If an appraiser is required under this Section 1(b)(3), the monthly rent shall be determined by a qualified, independent real property appraiser familiar with commercial rental values in the area. The appraiser shall be selected by Lessee from a list of not fewer than three such individuals submitted by Lessor. If Lessee does not make the selection within ten days after submission of the list, Lessor may do so. If Lessor does not submit such a list within ten (10) days after written request from Lessee to do so, Lessee may name as an appraiser any individual with such qualifications. Within thirty (30) days after appointment, the appraiser shall furnish to both parties an appraisal of the fair market rental value of the Premises, which shall be final and binding on the parties. The cost of the appraisal shall be borne equally by the parties.
AMENDED AND RESTATED LEASELease • September 29th, 2005 • Ahern Rentals Inc
THIS AMENDED AND RESTATED LEASE (this “Lease”) is entered into this 27th day of October, 2004 between DON & PAUL, LLC (“Lessor”) and AHERN RENTALS, INC. (“Lessee”).
ASSIGNMENT AND ASSUMPTION OF LEASEAssignment and Assumption of Lease • March 29th, 2006 • Ahern Rentals Inc • Services-equipment rental & leasing, nec
THIS ASSIGNMENT AND ASSUMPTION OF LEASE (this “Assignment”) is made as of December 1, 2005 between AHERN RENTALS, INC. (“Assignor”) and XTREME MANUFACTURING, LLC (“Assignee”).
AIRCRAFT LEASE AGREEMENT (N742AR) betweenAircraft Lease Agreement • March 26th, 2009 • Ahern Rentals Inc • Services-equipment rental & leasing, nec • New York
THIS AIRCRAFT LEASE AGREEMENT (together with all supplements, exhibits and certificates attached hereto, the “Lease”) is made and entered into as of April 20, 2006 by and between KEY EQUIPMENT FINANCE INC., a Michigan corporation, as lessor (“Lessor”), with a place of business at 1000 South McCaslin Boulevard, Superior, CO 80027, and AHERN RENTALS, INC., a Nevada corporation (sometimes referred to as “Ahern”), and Don F. Ahern, an individual, as joint lessees (Ahern and Don F. Ahern each a “Lessee” and collectively “Lessees”), with its principal place of business at 4241 S. Arville St, Las Vegas, NV 89103-3713. Certain capitalized terms as used in this Lease are defined in Exhibit A hereto, and such definitions are hereby incorporated herein and made a part hereof as though set forth herein in full.
REGISTRATION RIGHTS AGREEMENT Dated as of August 18, 2005Registration Rights Agreement • September 29th, 2005 • Ahern Rentals Inc • New York
This Registration Rights Agreement (the “Agreement”) is made and entered into as of August 18, 2005, by and between Ahern Rentals, Inc., a Nevada corporation (the “Company”) and CIBC World Markets Corp. and Banc of America Securities LLC (the “Initial Purchasers”).
AMENDMENT NO. 3 AND CONSENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • October 29th, 2007 • Ahern Rentals Inc • Services-equipment rental & leasing, nec • New York
AMENDMENT NO. 3 AND CONSENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (“this Amendment”), dated as of October 24, 2007, to that certain Amended and Restated Loan and Security Agreement dated as of August 18, 2005 (as heretofore amended and as further amended, restated, supplemented or otherwise modified from time to time, the “Loan Agreement”) among the lending institutions party thereto from time to time (each a “Lender” and collectively the “Lenders”), Ahern Rentals, Inc. (the “Borrower”), each of the Borrower’s subsidiaries party thereto from time to time that become borrowers thereunder with the prior written consent of all the Lenders, Bank of America, N.A., in its capacity as administrative agent for the Lenders (in such capacity, the “Administrative Agent”), Wachovia Bank, National Association, as collateral agent for the Lenders (in such capacity, the “Collateral Agent”), and each of the other Obligated Parties (as defined therein) party thereto from time to time.
LEASELease • March 29th, 2006 • Ahern Rentals Inc • Services-equipment rental & leasing, nec
(2a) The Lessee shall use the Premises during the term of this lease for the conduct of the following business: employee parking and for no other purpose whatsoever without Lessor’s written consent.
AMENDMENT NO. 1 TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 25th, 2006 • Ahern Rentals Inc • Services-equipment rental & leasing, nec • New York
AMENDMENT NO. 1 TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (“this Amendment”), dated as of August 21, 2006, to that certain Amended and Restated Loan and Security Agreement dated as of August 18, 2005 (as further amended, restated, supplemented or otherwise modified from time to time, the “Loan Agreement”) among the lending institutions party thereto from time to time (each a “Lender” and collectively the “Lenders”), Ahern Rentals, Inc. (the “Borrower”), each of the Borrower’s subsidiaries party thereto from time to time that become borrowers thereunder with the prior written consent of all the Lenders, Bank of America, N.A., in its capacity as administrative agent for the Lenders (in such capacity, the “Administrative Agent”), Wachovia Bank, National Association, as collateral agent for the Lenders (in such capacity, the “Collateral Agent”), and each of the other Obligated Parties (as defined therein) party thereto from time to time.
INCREMENTAL COMMITMENT AGREEMENT Bank of America, N.A. KeyBank National Association Comerica Bank Regions Bank Bank of Arizona N.A. Capital One Leverage Finance Corp.Incremental Commitment Agreement • March 27th, 2008 • Ahern Rentals Inc • Services-equipment rental & leasing, nec • New York
Ahern Rentals, Inc., as Borrower under the Loan and Security Agreement referred to below 4241 S. Arville Street Las Vegas, Nevada 89103 Attention: Chief Financial Officer
