INDEMNITY AGREEMENTIndemnity Agreement • July 7th, 2015 • McBc Holdings, Inc. • Ship & boat building & repairing • Delaware
This Indemnification Agreement (“Agreement”) is made as of [·], 2015 by and between MCBC Holdings, Inc., a Delaware corporation (the “Company”), and (“Indemnitee”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • July 7th, 2015 • McBc Holdings, Inc. • Ship & boat building & repairing • New York
This REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made as of July , 2015 by and among MCBC Holdings, Inc., a Delaware corporation (the “Corporation”), Wayzata Opportunities Fund II, L.P., a Delaware limited partnership (“Wayzata Opportunities”), Wayzata Opportunities Fund Offshore II, L.P., a Cayman Islands limited partnership (“Wayzata Offshore”), Wayzata Recovery Fund, LLC (“Wayzata Recovery” and, together with Wayzata Opportunities and Wayzata Offshore, collectively referred to as “Wayzata”), and each other Person identified on the Schedule of Investors attached hereto as of the date hereof under the caption “Other Holders” (such other Persons, collectively, the “Other Holders”).
Employment AgreementEmployment Agreement • July 2nd, 2018 • McBc Holdings, Inc. • Ship & boat building & repairing • Tennessee
This Employment Agreement (the “Agreement”), effective as of July 1, 2018 (the “Effective Date”), is made and entered into by and between Timothy M. Oxley (the “Executive”) and MasterCraft Boat Company, LLC, a Delaware limited liability company whose principal place of business is located at 100 Cherokee Cove Drive, Vonore, Tennessee 37885 (“MasterCraft”), together with all of its subsidiaries and affiliates as may employ the Executive from time to time, and any successor(s) thereto, (collectively, the “Company”).
4,000,000 Shares MCBC Holdings, Inc. Common Stock, par value $0.01 per share UNDERWRITING AGREEMENTUnderwriting Agreement • September 20th, 2016 • McBc Holdings, Inc. • Ship & boat building & repairing • New York
MCBC HOLDINGS, INC. 2015 INCENTIVE AWARD PLAN STOCK OPTION GRANT NOTICE AND STOCK OPTION AGREEMENTStock Option Agreement • July 7th, 2015 • McBc Holdings, Inc. • Ship & boat building & repairing • Delaware
MCBC Holdings, Inc., a Delaware corporation (the “Company”), pursuant to its 2015 Incentive Award Plan, as amended from time to time (the “Plan”), hereby grants to the holder listed below (“Participant”) an option to purchase the number of shares of the Company’s Common Stock (“Stock”) set forth below (the “Option”). The Option is subject to the terms and conditions set forth in this Stock Option Grant Notice (this “Grant Notice”) and the Stock Option Agreement attached hereto as Exhibit A (the “Agreement”) and the Plan, each of which is incorporated herein by reference. Unless otherwise defined herein, the terms defined in the Plan shall have the same defined meanings in this Grant Notice and the Option Agreement.
THIRD AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENTCredit and Guaranty Agreement • October 2nd, 2017 • McBc Holdings, Inc. • Ship & boat building & repairing • Illinois
This Third Amended and Restated Credit and Guaranty Agreement is entered into as of October 2, 2017, by and among MASTERCRAFT BOAT COMPANY, LLC, a Delaware limited liability company (“MasterCraft”), MASTERCRAFT SERVICES, INC., a Tennessee corporation (“Services”), MCBC HYDRA BOATS, LLC, a Tennessee limited liability company (“Hydra”), MASTERCRAFT INTERNATIONAL SALES ADMINISTRATION, INC., a Delaware corporation (“Sales Administration”), NAUTIC STAR, LLC, a Mississippi limited liability company (“Nautic”), NS TRANSPORT, LLC, a Mississippi limited liability company (“NS Transport”), and NAVIGATOR MARINE, LLC, a Mississippi limited liability company (“Navigator”) and each other Person that becomes a “Borrower” hereunder pursuant to a Joinder Agreement (collectively, “Borrowers” and, individually, each a “Borrower”), MCBC HOLDINGS, INC., a Delaware corporation (“Holdings”), as a Guarantor, the other Credit Parties named herein from time to time, the various institutions from time to time pa
MEMBERSHIP INTEREST PURCHASE AGREEMENT FOR ALL OF THE MEMBERSHIP INTERESTS OF CREST MARINE, LLC, A MICHIGAN LIMITED LIABILITY COMPANY SEPTEMBER 10, 2018Membership Interest Purchase Agreement • September 10th, 2018 • McBc Holdings, Inc. • Ship & boat building & repairing • Delaware
This Membership Interest Purchase Agreement (this “Agreement”), dated as of September 10, 2018 is entered into by and among MCBC HOLDINGS, INC., a Delaware corporation (“Buyer”), all of the members (“Sellers”) of CREST MARINE, LLC, a Michigan limited liability company (the “Company”), and PATRICK FENTON, as representative for Sellers (“Member Representative”).
MEMBERSHIP INTEREST PURCHASE AGREEMENT BY AND AMONG MCBC HOLDINGS, INC. NAUTIC STAR, LLC THE MEMBERS OF NAUTIC STAR, LLC PARTY HERETO AND PHILIP FAULKNER, SR., SOLELY IN HIS CAPACITY AS THE MEMBER REPRESENTATIVE HEREUNDER, DATED AS OF OCTOBER 2, 2017Membership Interest Purchase Agreement • October 2nd, 2017 • McBc Holdings, Inc. • Ship & boat building & repairing • Delaware
THIS MEMBERSHIP INTEREST PURCHASE AGREEMENT, dated as of October 2, 2017 (this “Agreement”), is made and entered into by and among MCBC Holdings, Inc., a Delaware corporation (the “Purchaser”), Nautic Star, LLC, a Mississippi limited liability company (the “Company”), each of the members of the Company set forth on Annex A attached hereto (the “Members”) and Philip Faulkner, Sr., an individual resident of the State of Mississippi, as the Member Representative. As the context of this Agreement so requires, the Purchaser, the Company, the Members and the Member Representative are sometimes individually referred to herein as a “Party” and collectively as the “Parties.”
FOURTH AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENTAssignment and Assumption • October 1st, 2018 • McBc Holdings, Inc. • Ship & boat building & repairing • Illinois
This Fourth Amended and Restated Credit and Guaranty Agreement is entered into as of October 1, 2018, by and among MASTERCRAFT BOAT COMPANY, LLC, a Delaware limited liability company (“MasterCraft”), MASTERCRAFT SERVICES, LLC, a Tennessee limited liability company (“Services”), MASTERCRAFT INTERNATIONAL SALES ADMINISTRATION, INC., a Delaware corporation (“Sales Administration”), NAUTIC STAR, LLC, a Mississippi limited liability company (“Nautic”), NS TRANSPORT, LLC, a Mississippi limited liability company (“NS Transport”), and CREST MARINE LLC, a Michigan limited liability company (“Crest”) and each other Person that becomes a “Borrower” hereunder pursuant to a Joinder Agreement (collectively, “Borrowers” and, individually, each a “Borrower”), MCBC HOLDINGS, INC., a Delaware corporation (“Holdings”), as a Guarantor, the other Credit Parties named herein from time to time, the various institutions from time to time party to this Agreement, as Lenders, and FIFTH THIRD BANK, an Ohio banki
Employment AgreementEmployment Agreement • July 7th, 2015 • McBc Holdings, Inc. • Ship & boat building & repairing • Tennessee
This Employment Agreement (the “Agreement”), effective as of July 1, 2015 (the “Effective Date”), is made by and between Shane Chittum (the “Executive”) and MCBC Holdings, Inc., a Delaware corporation (“Mastercraft” and, together with any of its subsidiaries and affiliates as may employ the Executive from time to time, and any successor(s) thereto, the “Company”).
1,500,000 Shares MCBC Holdings, Inc. Common Stock, par value $0.01 per share UNDERWRITING AGREEMENTUnderwriting Agreement • December 21st, 2016 • McBc Holdings, Inc. • Ship & boat building & repairing • New York
EMPLOYMENT AGREEMENTEmployment Agreement • June 25th, 2015 • McBc Holdings, Inc. • Ship & boat building & repairing • New York
This EMPLOYMENT AGREEMENT (the “Agreement”) by and between MASTERCRAFT BOAT COMPANY, LLC, a Delaware limited liability company (the “Company”) and TIM OXLEY (the “Executive”) is made as of October 3, 2007, and shall become effective as of the Effective Date (as defined below).
AMENDMENT NO. 4 AND JOINDER TO FOURTH AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENTCredit and Guaranty Agreement • February 10th, 2021 • MasterCraft Boat Holdings, Inc. • Ship & boat building & repairing • Illinois
RESTATED CREDIT AND GUARANTY AGREEMENT (this “Amendment”), dated as of October 26, 2020 (the “Amendment No. 4 Effective Date”), is by and among MASTERCRAFT BOAT COMPANY, LLC, a Delaware limited liability company (“MasterCraft”), MASTERCRAFT SERVICES, LLC, a Tennessee limited liability company (“Services”), MASTERCRAFT INTERNATIONAL SALES ADMINISTRATION, INC., a Delaware
October 30, 2019MasterCraft Boat Holdings, Inc. • October 30th, 2019 • Ship & boat building & repairing
This letter agreement confirms your employment as Interim Chief Executive Officer (“Interim CEO”) of MasterCraft Boat Holdings, Inc. (the “Company”), effective as of October 30, 2019. As Interim CEO, your employment with the Company will be “at will” and, as such, may be terminated at any time, by either you or the Company, with or without advance notice or cause.
AMENDMENT NO. 3 TO FOURTH AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENTCredit and Guaranty Agreement • May 8th, 2020 • MasterCraft Boat Holdings, Inc. • Ship & boat building & repairing • Illinois
THIS AMENDMENT NO. 3 TO FOURTH AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT (this “Amendment”), dated as of May 7, 2020 (the “Amendment No. 3 Effective Date”), is by and among MASTERCRAFT BOAT COMPANY, LLC, a Delaware limited liability company (“MasterCraft”), MASTERCRAFT SERVICES, LLC, a Tennessee limited liability company (“Services”), MASTERCRAFT INTERNATIONAL SALES ADMINISTRATION, INC., a Delaware corporation (“Sales Administration”), NAUTIC STAR, LLC, a Mississippi limited liability company (“Nautic”), NS TRANSPORT, LLC, a Mississippi limited liability company (“NS Transport”), and CREST MARINE LLC, a Michigan limited liability company (“Crest”) (collectively, “Borrowers” and, individually, each a “Borrower”), MASTERCRAFT BOAT HOLDINGS, INC., a Delaware corporation (f/k/a MCBC Holdings, Inc., “Holdings”), as a Guarantor, the various institutions named on the signature pages to this Amendment as party to this Amendment, as Lenders (the “Lenders”), and FIFTH THird Bank, NATION
AMENDED AND RESTATED SECURITY AGREEMENT dated as of March 13, 2015 among MASTERCRAFT BOAT COMPANY, LLC, MASTERCRAFT SERVICES, INC., MCBC HYDRA BOATS, LLC and MASTERCRAFT INTERNATIONAL SALES ADMINISTRATION, INC. and the other Grantors and FIFTH THIRD...Security Agreement • June 25th, 2015 • McBc Holdings, Inc. • Ship & boat building & repairing • Illinois
THIS AMENDED AND RESTATED SECURITY AGREEMENT dated as of March 13, 2015 (as may be amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) is entered into among MASTERCRAFT BOAT COMPANY, LLC, a Delaware limited liability company (“MasterCraft”), MASTERCRAFT SERVICES, INC., a Tennessee corporation (“Services”), MCBC HYDRA BOATS, LLC, a Tennessee limited liability company (“Hydra”), MASTERCRAFT INTERNATIONAL SALES ADMINISTRATION, INC., a Delaware corporation (“Sales Administration”), and each other Person that becomes a “Borrower” under the Credit Agreement (collectively, “Borrowers” and, individually, each a “Borrower”), MCBC HOLDINGS, INC., a Delaware corporation (“Holdings”), and each other Person that becomes a “Guarantor” under the Credit Agreement (collectively, “Guarantors” and, individually, each a “Guarantor”), each other Person a signatory hereto as a Grantor (collectively with Borrower and Guarantors, the “Grantors” and, individually, each a
AMENDMENT NO. 1 TO SECOND AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENTCredit and Guaranty Agreement • September 9th, 2016 • McBc Holdings, Inc. • Ship & boat building & repairing • Illinois
THIS AMENDMENT NO. 1 TO SECOND AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT (this “Amendment”), dated as of August 19, 2016 (the “First Amendment Effective Date”), is by and among MASTERCRAFT BOAT COMPANY, LLC, a Delaware limited liability company (the “MasterCraft”), MASTERCRAFT SERVICES, INC., a Tennessee corporation (“Services”), MCBC HYDRA BOATS, LLC, a Tennessee limited liability company (“Hydra”), MASTERCRAFT INTERNATIONAL SALES ADMINISTRATION, INC., a Delaware corporation (“Sales Administration”; and together with MasterCraft, Services and Hydra, each a “Borrower” and collectively the “Borrowers”), MCBC HOLDINGS, INC., a Delaware corporation and a Guarantor (“Holdings”), the Lenders (as defined in the Credit Agreement described below) party hereto and FIFTH THIRD BANK, an Ohio banking corporation, as Agent. Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed thereto in the Credit Agreement described below.
Employment AgreementEmployment Agreement • September 13th, 2019 • MasterCraft Boat Holdings, Inc. • Ship & boat building & repairing • Tennessee
This Employment Agreement (the “Agreement”), effective as of October 1st, 2018 (the “Effective Date”), is made and entered into by and between Patrick May (the “Executive”) and Crest Marine, LLC, a Michigan limited liability company whose principal place of business is located at 2710 South M-52, Owosso, MI 48867 (the “Company”). Together the Executive and the Company shall be referred to as the “Parties.”
PERFORMANCE STOCK UNIT AWARD AGREEMENTPerformance Stock Unit Award Agreement • August 26th, 2016 • McBc Holdings, Inc. • Ship & boat building & repairing • Delaware
Pursuant to the Grant Notice to which this Agreement is attached, the Company has granted to Grantee the number of Performance Stock Units (“PSUs”) set forth in the Grant Notice.
REAL ESTATE PURCHASE AND SALE AGREEMENTReal Estate Purchase and Sale Agreement • November 7th, 2024 • MasterCraft Boat Holdings, Inc. • Ship & boat building & repairing • Florida
made and entered into by and between AVIARA BOATS, LLC, a Tennessee limited liability company whose principal place of business is located at 100 Cherokee Cove Drive, Vonore, Tennessee 37885 (“Seller”), and RMI HOLDINGS, INC., a Florida corporation whose principal place of business is located at 2300 Jetport Drive, Orlando, Florida 32809 (“Buyer”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • September 18th, 2015 • McBc Holdings, Inc. • Ship & boat building & repairing • New York
This REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made as of July 22, 2015 by and among MCBC Holdings, Inc., a Delaware corporation (the “Corporation”), Wayzata Opportunities Fund II, L.P., a Delaware limited partnership (“Wayzata Opportunities”), Wayzata Opportunities Fund Offshore II, L.P., a Cayman Islands limited partnership (“Wayzata Offshore”), Wayzata Recovery Fund, LLC (“Wayzata Recovery” and, together with Wayzata Opportunities and Wayzata Offshore, collectively referred to as “Wayzata”), and each other Person identified on the Schedule of Investors attached hereto as of the date hereof under the caption “Other Holders” (such other Persons, collectively, the “Other Holders”).
RETIREMENT AND CONSULTING AGREEMENTRetirement and Consulting Agreement • March 4th, 2024 • MasterCraft Boat Holdings, Inc. • Ship & boat building & repairing • Tennessee
THIS RETIREMENT AND CONSULTING AGREEMENT (this “Agreement”), dated as of March 1, 2024 (the “Effective Date”), is made by and between MasterCraft Boat Holdings, Inc., a corporation organized under the laws of the State of Delaware (together with its successors and assigns, the “Company”), and Frederick A. Brightbill (“Executive”).
THIRD AMENDMENT TO CREDIT AGREEMENTCredit Agreement • November 8th, 2023 • MasterCraft Boat Holdings, Inc. • Ship & boat building & repairing
THIS THIRD AMENDMENT TO CREDIT AGREEMENT (“Amendment”), dated as of October 4, 2023, is made and entered into on the terms and conditions hereinafter set forth, by and among MASTERCRAFT BOAT HOLDINGS, INC., a Delaware corporation (the “Borrower”), the other Loan Parties party hereto, the several banks and other financial institutions or entities from time to time party to the Credit Agreement (as defined below) as Lenders, and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, in its capacities as a Lender, issuer of letters of credit and administrative agent (in such capacity, the “Administrative Agent”) under the Credit Agreement. Capitalized terms used and not otherwise defined in this Amendment shall have the meanings assigned to such terms in the Credit Agreement.
AMENDMENT NO. 1 TO AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENTCredit and Guaranty Agreement • February 19th, 2016 • McBc Holdings, Inc. • Ship & boat building & repairing • Illinois
THIS AMENDMENT NO. 1 TO AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT (this “Amendment”), dated as of February 18, 2016, is by and among MASTERCRAFT BOAT COMPANY, LLC, a Delaware limited liability company (the “MasterCraft”), MASTERCRAFT SERVICES, INC., a Tennessee corporation (“Services”), MCBC HYDRA BOATS, LLC, a Tennessee limited liability company (“Hydra”), MASTERCRAFT INTERNATIONAL SALES ADMINISTRATION, INC., a Delaware corporation (“Sales Administration”; and together with MasterCraft, Services and Hydra, each a “Borrower” and collectively the “Borrowers”), MCBC HOLDINGS, INC., a Delaware corporation and a Guarantor (“Holdings”), the Lenders (as defined in the Credit Agreement described below) party hereto and FIFTH THIRD BANK, an Ohio banking corporation, as Agent. Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed thereto in the Credit Agreement described below.
SECOND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • September 9th, 2022 • MasterCraft Boat Holdings, Inc. • Ship & boat building & repairing
THIS SECOND AMENDMENT TO CREDIT AGREEMENT (“Amendment”), dated as of August 31, 2022, is made and entered into on the terms and conditions hereinafter set forth, by and among MASTERCRAFT BOAT HOLDINGS, INC., a Delaware corporation (the “Borrower”), the other Loan Parties party hereto, the several banks and other financial institutions or entities from time to time party to the Credit Agreement (as defined below) as Lenders, and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, in its capacities as a Lender, issuer of letters of credit and administrative agent (in such capacity, the “Administrative Agent”) under the Credit Agreement. Capitalized terms used and not otherwise defined in this amendment shall have the meaning assigned to such terms in the Credit Agreement.
AGREEMENT FOR PURCHASE AND SALEAgreement for Purchase and Sale • November 12th, 2020 • MasterCraft Boat Holdings, Inc. • Ship & boat building & repairing • Florida
This AGREEMENT FOR PURCHASE AND SALE ("Agreement") is made and entered into this 13th day of August, 2020 (“Effective Date”), by and between MASTERCRAFT BOAT COMPANY, LLC, a Delaware limited liability company whose principal place of business is located at 100 Cherokee Cove Drive, Vonore, Tennessee 37885, and/or its assignee ("Buyer"), and VECTORWORKS MERRITT ISLAND, LLC, a Florida limited liability company whose principal place of business is located at 801 Marina Road, Titusville, Florida 32796 ("Seller").
