ERICKSON AIR-CRANE INCORPORATED (a Delaware corporation) [·] Shares of Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • April 4th, 2012 • Erickson Air-Crane Inc • Aircraft & parts • New York
Erickson Air-Crane Incorporated, a Delaware corporation (the “Company”) confirms its agreement with each of the Underwriters named in Schedule A hereto (collectively, the “Underwriters,” which term shall also include any underwriter substituted as hereinafter provided in Section 10 hereof), for whom Stifel, Nicolaus & Company, Incorporated is acting as a representative (in such capacity, the “Representative”), with respect to (i) the sale by the Company and the purchase by the Underwriters, acting severally and not jointly, of the numbers of shares of Common Stock, par value $0.0001 per share, of the Company (“Common Stock”) set forth in Schedule A hereto and (ii) the grant by the Company to the Underwriters, acting severally and not jointly, of the option described in Section 2(b) hereof to purchase all or any part of [·] additional shares of Common Stock to cover overallotments, if any. The aforesaid [·] shares of Common Stock (the “Initial Securities”) to be purchased by the Underwr
CREDIT AGREEMENT among ERICKSON AIR-CRANE INCORPORATED as Borrower LENDERS NAMED HEREIN, as Lenders WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, Swing Line Lender and L/C Issuer WELLS FARGO SECURITIES, LLC as Sole Lead Arranger and...Credit Agreement • August 9th, 2010 • Erickson Air-Crane Inc • Aircraft & parts • New York
This CREDIT AGREEMENT (“Agreement”) is made and entered into as June 24, 2010 by and among ERICKSON AIR-CRANE INCORPORATED, a Delaware corporation (the “Borrower”), the Lenders (as defined herein), WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, Swing Line Lender and L/C Issuer, WELLS FARGO SECURITIES, LLC, as Sole Lead Arranger and Sole Bookrunner, KEYBANK NATIONAL ASSOCIATION, as Syndication Agent, and BANK OF THE WEST, as Documentation Agent.
INDEMNIFICATION AGREEMENTIndemnification Agreement • May 12th, 2010 • Erickson Air-Crane Inc • Delaware
THIS INDEMNIFICATION AGREEMENT (the “Agreement”) is made and entered into as of , 2010 between ERICKSON AIR-CRANE INCORPORATED, a Delaware corporation (the “Company”), and (“Indemnitee”).
ERICKSON AIR-CRANE INCORPORATED (a Delaware corporation) [·] Shares of Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • January 30th, 2012 • Erickson Air-Crane Inc • Aircraft & parts • New York
Erickson Air-Crane Incorporated, a Delaware corporation (the “Company”), and the persons listed in Schedule B hereto (the “Selling Stockholders”), confirm their respective agreements with each of the Underwriters named in Schedule A hereto (collectively, the “Underwriters,” which term shall also include any underwriter substituted as hereinafter provided in Section 10 hereof), for whom Stifel, Nicolaus & Company, Incorporated is acting as a representative (in such capacity, the “Representative”), with respect to (i) the sale by the Company and the purchase by the Underwriters, acting severally and not jointly, of the numbers of shares of Common Stock, par value $0.0001 per share, of the Company (“Common Stock”) set forth in Schedule A hereto and (ii) the grant by the Selling Stockholders to the Underwriters, acting severally and not jointly, of the option described in Section 2(b) hereof to purchase all or any part of [·] additional shares of Common Stock to cover overallotments, if an
CREDIT AGREEMENT Dated as of September 27, 2007 among ERICKSON AIR-CRANE INCORPORATED as the Borrower, KEYBANK NATIONAL ASSOCIATION, as Administrative Agent, Lender, Swing Line Lender, and L/C Issuer and the Other Lenders Party HeretoCredit Agreement • May 12th, 2010 • Erickson Air-Crane Inc • New York
GUARANTY AND SECURITY AGREEMENTGuaranty and Security Agreement • May 8th, 2013 • Erickson Air-Crane Inc. • Aircraft & parts • New York
This GUARANTY AND SECURITY AGREEMENT (this “Agreement”), dated as of May 2, 2013, among the Persons listed on the signature pages hereof as “Grantors” and those additional entities that hereafter become parties hereto by executing the form of Joinder attached hereto as Annex 1 (each, a “Grantor” and collectively, the “Grantors”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association (“Wells Fargo”), in its capacity as agent for each member of the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, “Agent”).
INDENTURE Dated as of May 2, 2013 Among ERICKSON AIR-CRANE INCORPORATED, the GUARANTORS named herein and WILMINGTON TRUST, NATIONAL ASSOCIATION, as Trustee and Notes Collateral Agent 8.25% Second Priority Senior Secured Notes due 2020Intercreditor Agreement • May 8th, 2013 • Erickson Air-Crane Inc. • Aircraft & parts • New York
INDENTURE dated as of May 2, 2013, by and among ERICKSON AIR-CRANE INCORPORATED, a Delaware corporation (the “Issuer”), as Issuer, the Guarantors party hereto and WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee”) and as collateral agent (the “Notes Collateral Agent”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • May 8th, 2013 • Erickson Air-Crane Inc. • Aircraft & parts • New York
Erickson Air-Crane Incorporated, a Delaware corporation (the “Issuer”), proposes to issue and sell to Deutsche Bank Securities Inc., Wells Fargo Securities, LLC, Stifel, Nicolaus & Company, Incorporated and Imperial Capital, LLC (each, an “Initial Purchaser” and together, the “Initial Purchasers”) $400,000,000 aggregate principal amount of its 8.25% Second Priority Senior Secured Notes due 2020 (the “Notes”) upon the terms set forth in the Purchase Agreement among the Issuer, the guarantor named therein (the “EAC Guarantor”) and Deutsche Bank Securities Inc., as representative (the “Representative”) of the Initial Purchasers, dated April 25, 2013 (the “Purchase Agreement”), as supplemented by the Joinder Agreement to the Purchase Agreement, dated as of the date hereof (the “Joinder Agreement”), by and among the Issuer, the guarantors named therein (the “EIC Guarantors” and, together with the EAC Guarantor, the “Guarantors”) and the Representative, relating to the initial placement (the
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • January 30th, 2012 • Erickson Air-Crane Inc • Aircraft & parts • Oregon
This Executive Employment Agreement (“Agreement”) is made effective as of September 30, 2011, by and between Erickson Air-Crane Incorporated, a Delaware corporation (the “Company”), and David Valaer (“Executive”).
ContractErickson Air-Crane Inc • December 5th, 2011 • Aircraft & parts • Oregon
THIS PROMISSORY NOTE, AND PAYMENT AND ENFORCEMENT HEREOF, IS SUBJECT TO THE TERMS AND PROVISIONS OF THAT CERTAIN SUBORDINATION AGREEMENT DATED AS OF JUNE 30, 2011 (AS SUCH SUBORDINATION AGREEMENT MAY BE AMENDED FROM TIME TO TIME), BY ZM PRIVATE EQUITY FUND I, L.P. AND ZM PRIVATE EQUITY FUND II, L.P. IN FAVOR OF WELLS FARGO BANK, NATIONAL ASSOCIATION, ADMINISTRATIVE AGENT, AND THE SENIOR LENDERS PARTY TO THAT CERTAIN CREDIT AGREEMENT, DATED AS OF JUNE 24, 2010, WITH ERICKSON AIR-CRANE INCORPORATED, AS BORROWER, AS AMENDED FROM TIME TO TIME.
CREDIT AGREEMENT by and amongCredit Agreement • May 8th, 2013 • Erickson Air-Crane Inc. • Aircraft & parts • New York
THIS CREDIT AGREEMENT (this “Agreement”), is entered into as of May 2, 2013, by and among the lenders identified on the signature pages hereof (each of such lenders, together with its successors and permitted assigns, is referred to hereinafter as a “Lender”, as that term is hereinafter further defined), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as administrative agent for each member of the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, “Agent”), as lead arranger (in such capacity, together with its successors and assigns in such capacity, the “Lead Arranger”), as book runner (in such capacity, together with its successors and assigns in such capacity, the “Book Runner”), as syndication agent (in such capacity, together with its successors and assigns in such capacity, the “Syndication Agent”), and as documentation agent (in such capacity, together with its successors and assigns i
AMENDMENT NUMBER TWENTY TO CREDIT AGREEMENTCredit Agreement • October 25th, 2016 • Erickson Inc. • Aircraft & parts
THIS AMENDMENT NUMBER TWENTY TO CREDIT AGREEMENT (this "Amendment"), dated as of October 19, 2016, is entered into by and among the lenders identified on the signature pages hereof (such Lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a "Lender" and, collectively, as the "Lenders"), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association ("Wells Fargo"), as administrative agent for each member of the Lender Group and the Bank Product Providers (as such terms are defined in the below referenced Credit Agreement) (in such capacity, together with its successors and assigns in such capacity, "Agent"), ERICKSON INCORPORATED (formerly known as Erickson Air-Crane Incorporated), a Delaware corporation ("EAC"), ERICKSON HELICOPTERS, INC. (formerly known as Evergreen Helicopters, Inc.), an Oregon corporation ("Helicopters") (Helicopters, together with EAC, are referred to hereinafter each individually as a
AMENDMENT TO AIRCRAFT PURCHASE AGREEMENTAircraft Purchase Agreement • December 27th, 2010 • Erickson Air-Crane Inc • Aircraft & parts • Oregon
This Amendment (“Amendment”), dated as of December 11, 2009, is by and between San Diego Gas & Electric Company, a California corporation having its offices at 8330 Century Park Court, San Diego, California (“Purchaser”), and Erickson Air-Crane Incorporated, a Delaware corporation having its offices at 5550 S.W. Macadam Avenue, Suite 200, Portland, Oregon (“Seller”).
INTERCREDITOR AGREEMENTIntercreditor Agreement • August 6th, 2015 • Erickson Inc. • Aircraft & parts • New York
This INTERCREDITOR AGREEMENT (this “Agreement”) is dated as of May 2, 2013, and entered into by and between WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association (“Wells Fargo”), in its capacity as administrative agent under the First Lien Documents, including its successors and assigns in such capacity from time to time (“First Lien Agent”) and WILMINGTON TRUST, NATIONAL ASSOCIATION (“Wilmington Trust”), not in its individual capacity, but solely in its capacity as trustee under the Second Lien Notes Indenture and collateral agent under the Second Lien Documents, including its successors and assigns in such capacities from time to time (“Second Lien Agent”).
AIRCRAFT LEASE AND PURCHASE OPTION AGREEMENTAircraft Lease and Purchase Option Agreement • January 20th, 2012 • Erickson Air-Crane Inc • Aircraft & parts
This Aircraft Lease and Purchase Option Agreement (the “Agreement”) is made as of the 1st day of August, 2011 (the “Effective Date”) by and between Erickson Air-Crane Incorporated, a company organized and existing under the laws of the State of Delaware, United States of America, with its principal place of business at 5550 SW Macadam Avenue, Suite 200, Portland, Oregon 97239 (“Lessor”), and HRT Netherlands B.V., a company organized and existing under the laws of Netherlands with its principle place of business at Strawinskylaan 3105 Atrium, 1077zx, Amsterdam (“Lessee or HRT”), in accordance with the following terms and conditions.
AMENDMENT NUMBER TWENTY-ONE TO CREDIT AGREEMENTCredit Agreement • November 14th, 2016 • Erickson Inc. • Aircraft & parts
THIS AMENDMENT NUMBER TWENTY-ONE TO CREDIT AGREEMENT (this "Amendment"), dated as of November 7, 2016, is entered into by and among the lenders identified on the signature pages hereof (such Lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a "Lender" and, collectively, as the "Lenders"), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association ("Wells Fargo"), as administrative agent for each member of the Lender Group and the Bank Product Providers (as such terms are defined in the below referenced Credit Agreement) (in such capacity, together with its successors and assigns in such capacity, "Agent"), ERICKSON INCORPORATED (formerly known as Erickson Air-Crane Incorporated), a Delaware corporation ("EAC"), ERICKSON HELICOPTERS, INC. (formerly known as Evergreen Helicopters, Inc.), an Oregon corporation ("Helicopters") (Helicopters, together with EAC, are referred to hereinafter each individually a
SECOND LIEN CREDIT AGREEMENT Dated as of September 27, 2007 among ERICKSON AIR- CRANE INCORPORATED as the Borrower, D.B. ZWIRN SPECIAL OPPORTUNITIES FUND, L.P., as Administrative Agent, and the Other Lenders Party HeretoSecond Lien Credit Agreement • June 21st, 2010 • Erickson Air-Crane Inc • Aircraft & parts • New York
This SECOND LIEN CREDIT AGREEMENT (“Agreement”) is made and entered into as of September 27, 2007, by and among ERICKSON AIR-CRANE INCORPORATED, a Delaware corporation (the “Borrower”), the lenders from time to time party hereto (collectively, the “Lenders” and each, individually, a “Lender”), and D.B. ZWIRN SPECIAL OPPORTUNITIES FUND, L.P. (“DBZ”), as administrative agent for the Lenders (in such capacity, the “Administrative Agent”).
AMENDMENT TO AIRCRAFT PURCHASE AGREEMENTAircraft Purchase Agreement • September 10th, 2010 • Erickson Air-Crane Inc • Aircraft & parts • Oregon
This Amendment (“Amendment”), dated as of December 11, 2009, is by and between San Diego Gas & Electric Company, a California corporation having its offices at 8330 Century Park Court, San Diego, California (“Purchaser”), and Erickson Air-Crane Incorporated, a Delaware corporation having its offices at 5550 S.W. Macadam Avenue, Suite 200, Portland, Oregon (“Seller”).
AMENDMENT NUMBER FIFTEEN TO CREDIT AGREEMENTCredit Agreement • September 2nd, 2016 • Erickson Inc. • Aircraft & parts
THIS AMENDMENT NUMBER FIFTEEN TO CREDIT AGREEMENT (this "Amendment"), dated as of August 30, 2016, is entered into by and among the lenders identified on the signature pages hereof (such Lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a "Lender" and, collectively, as the "Lenders"), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association ("Wells Fargo"), as administrative agent for each member of the Lender Group and the Bank Product Providers (as such terms are defined in the below referenced Credit Agreement) (in such capacity, together with its successors and assigns in such capacity, "Agent"), ERICKSON INCORPORATED (formerly known as Erickson Air-Crane Incorporated), a Delaware corporation ("EAC"), ERICKSON HELICOPTERS, INC. (formerly known as Evergreen Helicopters, Inc.), an Oregon corporation ("Helicopters") (Helicopters, together with EAC, are referred to hereinafter each individually as a
FIRST LIEN SECURITIES PURCHASE AGREEMENTFirst Lien Securities Purchase Agreement • March 20th, 2013 • Erickson Air-Crane Inc • Aircraft & parts • New York
THIS FIRST LIEN SECURITIES PURCHASE AGREEMENT (this “Agreement”) is made and entered into effective as of March 18, 2013, by and among Erickson Air-Crane Incorporated, a Delaware corporation (“Erickson”), Evergreen International Aviation, Inc., an Oregon corporation (“Evergreen”), and each of the persons listed on Exhibit A hereto (the “Initial Consenting Investors”). Erickson, Evergreen and the Consenting Investors (as defined below) shall be referred to herein collectively as the “Parties” and individually as a “Party.” Capitalized terms used but not defined in this Agreement shall have the meanings ascribed to such terms in the Purchase Agreement.
AIRCRAFT AND ENGINE SECURITY AGREEMENT DATED AS OF MAY 2, 2013 BETWEEN THE GRANTOR PARTY HERETO AS GRANTOR AND WILMINGTON TRUST, NATIONAL ASSOCIATION, AS COLLATERAL AGENTAircraft and Engine Security Agreement • May 8th, 2013 • Erickson Air-Crane Inc. • Aircraft & parts • New York
This AIRCRAFT AND ENGINE SECURITY AGREEMENT, dated as of May 2, 2013 (as amended, restated, supplemented, or otherwise modified from time to time, this “Agreement”), is among the Person listed on the signature pages hereof as “Grantor” (the “Grantor”) and WILMINGTON TRUST, NATIONAL ASSOCIATION, in its capacity as collateral agent for the Secured Parties (as defined in the Security Agreement referred to below) (in such capacity, together with its successors and assigns in such capacity, “Collateral Agent”).
AMENDMENT NUMBER SIXTEEN TO CREDIT AGREEMENTCredit Agreement • September 14th, 2016 • Erickson Inc. • Aircraft & parts
THIS AMENDMENT NUMBER SIXTEEN TO CREDIT AGREEMENT (this "Amendment"), dated as of September 8, 2016, is entered into by and among the lenders identified on the signature pages hereof (such Lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a "Lender" and, collectively, as the "Lenders"), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association ("Wells Fargo"), as administrative agent for each member of the Lender Group and the Bank Product Providers (as such terms are defined in the below referenced Credit Agreement) (in such capacity, together with its successors and assigns in such capacity, "Agent"), ERICKSON INCORPORATED (formerly known as Erickson Air-Crane Incorporated), a Delaware corporation ("EAC"), ERICKSON HELICOPTERS, INC. (formerly known as Evergreen Helicopters, Inc.), an Oregon corporation ("Helicopters") (Helicopters, together with EAC, are referred to hereinafter each individually as
AMENDMENT NUMBER SEVEN TO CREDIT AGREEMENTCredit Agreement • August 6th, 2015 • Erickson Inc. • Aircraft & parts
THIS AMENDMENT NUMBER SEVEN TO CREDIT AGREEMENT (this “Amendment”), dated as of July 29, 2015, is entered into by and among the lenders identified on the signature pages hereof (such Lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and, collectively, as the “Lenders”), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association (“Wells Fargo”), as administrative agent for each member of the Lender Group and the Bank Product Providers (as such terms are defined in the below referenced Credit Agreement) (in such capacity, together with its successors and assigns in such capacity, “Agent”), ERICKSON INCORPORATED, a Delaware corporation (formerly known as Erickson Air-Crane Incorporated) (“EAC”), ERICKSON HELICOPTERS, INC. (formerly known as Evergreen Helicopters, Inc.), an Oregon corporation (“Helicopters”) (Helicopters, together with EAC, are referred to hereinafter each individually as a “Bor
AIRCRAFT PURCHASE AGREEMENT IN RESPECT OF ONE (1) ERICKSON S-64F AIRCRAFT MANUFACTURER’S SERIAL NUMBER 64095Aircraft Purchase Agreement • March 8th, 2013 • Erickson Air-Crane Inc • Aircraft & parts • Oregon
ERICKSON AIR-CRANE INCORPORATED RESTRICTED STOCK UNIT AWARD AGREEMENTRestricted Stock Unit Award Agreement • January 30th, 2012 • Erickson Air-Crane Inc • Aircraft & parts • Delaware
This RESTRICTED STOCK UNIT AWARD AGREEMENT (this “Agreement”) is made as of the day of , (the “Date of Grant”), between Erickson Air-Crane Incorporated, a Delaware corporation (the “Company”), and (the “Participant”). The Restricted Stock Units hereunder are granted pursuant to the terms of the Company’s 2012 Long Term Incentive Plan (the “Plan”). Capitalized terms used herein but not defined shall have the meanings set forth in the Plan.
AMENDMENT NUMBER NINE TO CREDIT AGREEMENT AND AMENDMENT NUMBER THREE TO GUARANTY AND SECURITY AGREEMENTCredit Agreement • October 5th, 2016 • Erickson Inc. • Aircraft & parts
THIS AMENDMENT NUMBER NINE TO CREDIT AGREEMENT AND AMENDMENT NUMBER THREE TO GUARANTY AND SECURITY AGREEMENT (this “Amendment”), dated as of April 29, 2016, is entered into by and among the lenders identified on the signature pages hereof (such Lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and, collectively, as the “Lenders”), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association (“Wells Fargo”), as administrative agent for each member of the Lender Group and the Bank Product Providers (as such terms are defined in the below referenced Credit Agreement) (in such capacity, together with its successors and assigns in such capacity, “Agent”), ERICKSON INCORPORATED (formerly known as Erickson Air-Crane Incorporated), a Delaware corporation (“EAC”), ERICKSON HELICOPTERS, INC. (formerly known as Evergreen Helicopters, Inc.), an Oregon corporation (“Helicopters”) (Helicopters, together wit
AMENDMENT NUMBER SIX TO CREDIT AGREEMENTCredit Agreement • August 6th, 2015 • Erickson Inc. • Aircraft & parts
THIS AMENDMENT NUMBER SIX TO CREDIT AGREEMENT (this “Amendment”), dated as of April 30, 2015, is entered into by and among the lenders identified on the signature pages hereof (such Lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and, collectively, as the “Lenders”), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association (“Wells Fargo”), as administrative agent for each member of the Lender Group and the Bank Product Providers (as such terms are defined in the below referenced Credit Agreement) (in such capacity, together with its successors and assigns in such capacity, “Agent”), ERICKSON INCORPORATED, a Delaware corporation (formerly known as Erickson Air-Crane Incorporated) (“EAC”), ERICKSON HELICOPTERS, INC. (formerly known as Evergreen Helicopters, Inc.), an Oregon corporation (“Helicopters”) (Helicopters, together with EAC, are referred to hereinafter each individually as a “Borr
AMENDMENT NUMBER FOUR TO CREDIT AGREEMENT AND WAIVERCredit Agreement and Waiver • August 6th, 2015 • Erickson Inc. • Aircraft & parts
THIS AMENDMENT NUMBER FOUR TO CREDIT AGREEMENT AND WAIVER (this “Amendment”), dated as of October 24, 2013, is entered into by and among the lenders identified on the signature pages hereof (such Lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and, collectively, as the “Lenders”), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association (“Wells Fargo”), as administrative agent for each member of the Lender Group and the Bank Product Providers (as such terms are defined in the below referenced Credit Agreement) (in such capacity, together with its successors and assigns in such capacity, “Agent”), ERICKSON AIR-CRANE INCORPORATED, a Delaware corporation (“EAC”), EVERGREEN HELICOPTERS, INC., an Oregon corporation (“Evergreen”) (Evergreen, together with EAC, are referred to hereinafter each individually as a “Borrower”, and individually and collectively, jointly and severally, as the “Borrow
AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • May 12th, 2010 • Erickson Air-Crane Inc • New York
THIS AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made as of April 21, 2010, by and among Erickson Air-Crane Incorporated, a Delaware corporation and the successor in interest to EAC Acquisition Corp. (the “Company”), ZM EAC LLC, a Delaware limited liability company (“ZM”), ZM Private Equity Fund I, L.P. and ZM Private Equity Fund II, L.P. (each, a “Stockholder” and collectively the “Stockholders.”)
FOURTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • December 5th, 2011 • Erickson Air-Crane Inc • Aircraft & parts
THIS FOURTH AMENDMENT TO CREDIT AGREEMENT is entered into as of June 30, 2011 by and among ERICKSON AIR-CRANE INCORPORATED, a Delaware corporation, the Lenders signatory hereto and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent.
STOCK PURCHASE AGREEMENT AMONG EVERGREEN INTERNATIONAL AVIATION, INC., EVERGREEN HELICOPTERS, INC., ERICKSON AIR-CRANE INCORPORATED, EAC ACQUISITION CORPORATION and solely with respect to Section 6.10 hereof, DELFORD M. SMITH DATED AS OF MARCH 18, 2013Stock Purchase Agreement • March 20th, 2013 • Erickson Air-Crane Inc • Aircraft & parts • New York
THIS STOCK PURCHASE AGREEMENT (this “Agreement”), dated as of March 18, 2013, is made by and among Evergreen International Aviation, Inc., an Oregon corporation (“Parent”), Evergreen Helicopters, Inc., an Oregon corporation (the “Company”), Erickson Air-Crane Incorporated, a Delaware corporation (“Guarantor”), EAC Acquisition Corporation, a Delaware corporation (“Buyer”), and solely with respect to Section 6.10 hereof, Mr. Delford M. Smith. Parent, the Company, Guarantor, and Buyer shall be referred to herein from time to time collectively as the “Parties” and individually as a “Party.”
AMENDMENT NUMBER TEN TO CREDIT AGREEMENTCredit Agreement • June 3rd, 2016 • Erickson Inc. • Aircraft & parts
THIS AMENDMENT NUMBER TEN TO CREDIT AGREEMENT (this “Amendment”), dated as of May 30, 2016, is entered into by and among the lenders identified on the signature pages hereof (such Lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and, collectively, as the “Lenders”), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association (“Wells Fargo”), as administrative agent for each member of the Lender Group and the Bank Product Providers (as such terms are defined in the below referenced Credit Agreement) (in such capacity, together with its successors and assigns in such capacity, “Agent”), ERICKSON INCORPORATED (formerly known as Erickson Air-Crane Incorporated), a Delaware corporation (“EAC”), ERICKSON HELICOPTERS, INC. (formerly known as Evergreen Helicopters, Inc.), an Oregon corporation (“Helicopters”) (Helicopters, together with EAC, are referred to hereinafter each individually as a “Borrow
AMENDMENT NUMBER EIGHTEEN TO CREDIT AGREEMENTCredit Agreement • October 5th, 2016 • Erickson Inc. • Aircraft & parts
THIS AMENDMENT NUMBER EIGHTEEN TO CREDIT AGREEMENT (this "Amendment"), dated as of September [29], 2016, is entered into by and among the lenders identified on the signature pages hereof (such Lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a "Lender" and, collectively, as the "Lenders"), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association ("Wells Fargo"), as administrative agent for each member of the Lender Group and the Bank Product Providers (as such terms are defined in the below referenced Credit Agreement) (in such capacity, together with its successors and assigns in such capacity, "Agent"), ERICKSON INCORPORATED (formerly known as Erickson Air-Crane Incorporated), a Delaware corporation ("EAC"), ERICKSON HELICOPTERS, INC. (formerly known as Evergreen Helicopters, Inc.), an Oregon corporation ("Helicopters") (Helicopters, together with EAC, are referred to hereinafter each individually
AMENDMENT NUMBER TWO TO CREDIT AGREEMENT AND CONSENTCredit Agreement and Consent • August 6th, 2015 • Erickson Inc. • Aircraft & parts
THIS AMENDMENT NUMBER TWO TO CREDIT AGREEMENT AND CONSENT (this “Consent”), dated as of July 22, 2013, is entered into by and among the lenders identified on the signature pages hereof (such Lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and, collectively, as the “Lenders”), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association (“Wells Fargo”), as administrative agent for each member of the Lender Group and the Bank Product Providers (as such terms are defined in the below referenced Credit Agreement) (in such capacity, together with its successors and assigns in such capacity, “Agent”), ERICKSON AIR-CRANE INCORPORATED, a Delaware corporation (“EAC”), EVERGREEN HELICOPTERS, INC., an Oregon corporation (“Evergreen”) (Evergreen, together with EAC, are referred to hereinafter each individually as a “Borrower”, and individually and collectively, jointly and severally, as the “Borrowers”)
ERICKSON AIR-CRANE INCORPORATEDPurchase Agreement • May 1st, 2013 • Erickson Air-Crane Inc. • Aircraft & parts • New York
The Company will use the net proceeds from the offering of the Notes (as defined below), together with cash on hand, the proceeds of the Company’s new senior subordinated notes pursuant to the Evergreen Acquisition Agreement (as defined below) in the initial aggregate principal amount of $17.5 million, the issuance of the Company’s new series of preferred stock and the issuance of promissory notes pursuant to the Evergreen Acquisition Agreement, if certain financial milestones are met, in an aggregate principal amount (excluding any accreted or payment-in-kind amounts) of up to $26.25 million, to (i) finance the acquisition of Evergreen and its subsidiaries (the “Evergreen Acquisition”) and of Air Amazonia Serviços Aéreos Ltda., a Brazilian company (“Air Amazonia”) (the “Air Amazonia Acquisition” and together with the Evergreen Acquisition, the “Acquisitions”), (ii) refinance the Company’s existing unsecured subordinated promissory notes due 2015, (iii) refinance the Company’s existing
