AMENDED AND RESTATED CREDIT AGREEMENT dated as of April 29, 2013, by and among SUPREME INDUSTRIES, INC., as Borrower, the Lenders referred to herein, as Lenders, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, Swingline Lender and...Credit Agreement • May 3rd, 2013 • Supreme Industries Inc • Truck & bus bodies • New York
This Agreement refers to a Credit Agreement dated as of December 19, 2012, by and among the Borrowers, the lenders party thereto, and the Administrative Agent, as agent for those lenders (that agreement, as amended, restated, supplemented, or otherwise modified before the date of this Agreement, the “Existing Credit Agreement”). The parties (including each Lender party to the Existing Credit Agreement) desire to amend and restate the Existing Credit Agreement as set forth in this Agreement.
PLEDGE AND SECURITY AGREEMENTPledge and Security Agreement • October 21st, 2010 • Supreme Industries Inc • Truck & bus bodies • Indiana
THIS PLEDGE AND SECURITY AGREEMENT (as it may be amended or modified from time to time, the “Security Agreement”) is entered into as of September 30, 2010, by and between Supreme Industries, Inc., a Delaware corporation (“Grantor”), and JPMorgan Chase Bank, N.A., a national banking institution (the “Lender”).
INDEMNIFICATION AGREEMENT (Supreme Industries, Inc.)Indemnification Agreement • April 19th, 2013 • Supreme Industries Inc • Truck & bus bodies • Delaware
THIS AGREEMENT is made effective as of 6th day of May, 2013, between Supreme Industries, Inc., a Delaware corporation (the “Company”), and Mark D. Weber (“Indemnitee”).
CREDIT AGREEMENT dated as of December 19, 2012, by and among SUPREME INDUSTRIES, INC., as Borrower, the Lenders referred to herein, as Lenders, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, Swingline Lender and Issuing Lender...Credit Agreement • March 22nd, 2013 • Supreme Industries Inc • Truck & bus bodies • New York
CREDIT AGREEMENT, dated as of December 19, 2012, by and among SUPREME INDUSTRIES, INC., a Delaware corporation, as Borrower, the lenders who are party to this Agreement and the lenders who may become a party to this Agreement pursuant to the terms hereof, as Lenders, and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as Administrative Agent for the Lenders.
SECURITY AGREEMENTSecurity Agreement • September 20th, 2011 • Supreme Industries Inc • Truck & bus bodies • New York
This SECURITY AGREEMENT (this “Agreement”), dated as of September 14, 2011, 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 CAPITAL FINANCE, LLC, a Delaware limited liability company (“WFCF”), in its capacity as agent for the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, “Agent”).
CREDIT AGREEMENT by and among SUPREME INDUSTRIES, INC. as Parent, SUPREME INDIANA OPERATIONS, INC. and certain of its Subsidiaries that are signatories hereto as Borrowers, THE LENDERS THAT ARE SIGNATORIES HERETO as the Lenders, and WELLS FARGO...Credit Agreement • September 20th, 2011 • Supreme Industries Inc • Truck & bus bodies • New York
AMENDED AND RESTATED CREDIT AGREEMENT dated to be effective as of September 30, 2010 among SUPREME INDUSTRIES, INC., SUPREME INDIANA OPERATIONS, INC., SUPREME MID-ATLANTIC CORPORATION, SUPREME TRUCK BODIES OF CALIFORNIA, INC., SUPREME CORPORATION OF...Credit Agreement • October 21st, 2010 • Supreme Industries Inc • Truck & bus bodies • Indiana
AMENDED AND RESTATED CREDIT AGREEMENT dated as of September 30, 2010 (as it may be amended or modified from time to time, this “Agreement”), by and among SUPREME INDUSTRIES, INC., SUPREME INDIANA OPERATIONS, INC., SUPREME MID-ATLANTIC CORPORATION, SUPREME TRUCK BODIES OF CALIFORNIA, INC., SUPREME CORPORATION OF TEXAS, SUPREME NORTHWEST, L.L.C., the other Loan Parties party hereto, and JPMORGAN CHASE BANK, N.A., a national banking association.
Note Modification AgreementNote Modification Agreement • November 10th, 2009 • Supreme Industries Inc • Truck & bus bodies • Indiana
This agreement is dated as of November 6, 2009 (the “Agreement Date”), by and between Supreme Corporation (the “Borrower”) and JPMorgan Chase Bank, N.A. (together with its successors and assigns, the “Bank”). The provisions of this agreement are effective on the date that this agreement has been executed by all of the signers and delivered to the Bank (the “Effective Date”).
Employment Contract Supreme Corporation (Robert W. Wilson)Employment Contract • May 15th, 2008 • Supreme Industries Inc • Truck & bus bodies • Indiana
This Contract is entered into between Supreme Corporation, a Texas corporation (hereafter called “Company”), and Robert W. Wilson (hereafter called “Employee”).
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • January 9th, 2017 • Supreme Industries Inc • Truck & bus bodies • Indiana
THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this “Agreement”) is effective as of May 6, 2016, (the “Effective Date”) by and among Supreme Industries, Inc., a Delaware corporation (the “Company”), Supreme Corporation, a Texas corporation and the Company’s wholly-owned subsidiary (the “Subsidiary”) (jointly, the “Companies”) and Matthew W. Long (the “Executive”). The Companies and the Executive shall be referred to herein as the “Parties.”
Ford Motor Company FORD AUTHORIZED CONVERTER POOL AGREEMENTConverter Pool Agreement • November 5th, 2010 • Supreme Industries Inc • Truck & bus bodies • Michigan
THIS AGREEMENT is made this first day of Nov 1, 2010 (the “Effective Date”) between Supreme Indiana Operations, Inc with its principal place of business at 2581 E. Kercher Road, Goshen, Indiana 46528 (“Manufacturer”) and Ford Motor Company, a Delaware corporation with its principal place of business at The American Road, Dearborn, Michigan 48126 (“Ford”) (the “Agreement”).
EMPLOYMENT AGREEMENTEmployment Agreement • September 29th, 2011 • Supreme Industries Inc • Truck & bus bodies • Indiana
This Employment Agreement (the “Agreement”) is effective as of September 23, 2011 (the “Effective Date”) by and among Supreme Industries, Inc., a Delaware corporation (the “Company”), Supreme Indiana Operations, Inc., its wholly-owned subsidiary (the “Subsidiary”) (jointly the “Companies”) and Kim Korth (the “Executive”).
AMENDMENT NUMBER TWO TO EMPLOYMENT CONTRACT (William J. Barrett)Employment Contract • August 9th, 2017 • Supreme Industries Inc • Truck & bus bodies • Delaware
This Amendment Number Two to Employment Contract (this “Amendment”) is made and entered into as of August 8, 2017 by and between Supreme Industries, Inc., a Delaware corporation (the “Company”), and William J. Barrett (the “Executive”). The Company and the Executive are sometimes referred to herein as the “Parties.”
FORM OF RESTRICTED STOCK AWARD AGREEMENT SUPREME INDUSTRIES, INC. LONG-TERM INCENTIVE PLANRestricted Stock Award Agreement • March 3rd, 2017 • Supreme Industries Inc • Truck & bus bodies • Delaware
Pursuant to the Supreme Industries, Inc. Long-Term Incentive Plan (the “Plan”) for key employees, key contractors, and outside directors of Supreme Industries, Inc., a Delaware corporation (the “Company”) and its Subsidiaries,
TENDER AND VOTING AGREEMENTTender and Voting Agreement • August 9th, 2017 • Supreme Industries Inc • Truck & bus bodies • Delaware
THIS TENDER AND VOTING AGREEMENT is dated as of August , 2017 (this “Agreement”), by and among Wabash National Corporation, a Delaware corporation (“Parent”), Redhawk Acquisition Corporation, a Delaware corporation and a direct wholly owned subsidiary of Parent (“Purchaser”), and (the “Principal Holder”), a stockholder of Supreme Industries, Inc., a Delaware corporation (the “Company”).
AMENDMENT NO. 4 TO CREDIT AGREEMENTCredit Agreement • November 22nd, 2016 • Supreme Industries Inc • Truck & bus bodies • New York
This Amendment No. 4 to Credit Agreement (this “Amendment”) is executed as of November 16, 2016, among the Lenders party hereto (which Lenders constitute all of the Lenders as of the date of this Amendment), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as administrative agent for the Lenders (in that capacity, “Administrative Agent”), and SUPREME INDUSTRIES, INC., a Delaware corporation (“Borrower”); and is acknowledged by the Subsidiary Guarantors.
AGREEMENT AND PLAN OF MERGER Among WABASH NATIONAL CORPORATION REDHAWK ACQUISITION CORPORATION and SUPREME INDUSTRIES, INC. August 8, 2017Merger Agreement • August 9th, 2017 • Supreme Industries Inc • Truck & bus bodies • Delaware
AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of August 8, 2017, by and among Wabash National Corporation, a Delaware corporation (“Parent”), Redhawk Acquisition Corporation, a Delaware corporation (“Merger Subsidiary”), and Supreme Industries, Inc., a Delaware corporation (the “Company”).
SEPARATION AGREEMENT AND RELEASESeparation Agreement • May 9th, 2012 • Supreme Industries Inc • Truck & bus bodies
This Separation Agreement and Release (“Agreement”) is entered into by and among Supreme Industries, Inc., and Supreme Indiana Operations, Inc., (collectively, “the Company”) and Kim Korth (“Executive”) as of May 3, 2012. The Company and Executive are referred to as the “Parties.”
ContractCivil Settlement Agreement • August 16th, 2011 • Supreme Industries Inc • Truck & bus bodies • Arizona
This civil settlement agreement (“Agreement”) is made by and between The Armored Group, LLC (“TAG”), a Nevada limited liability company, and Supreme Indiana Operations, Inc., a Delaware corporation, successor to Supreme Corporation, a Texas corporation, and Supreme Corporation of Texas, a Texas corporation (collectively “Supreme”). TAG and Supreme are the parties (“Parties”) to this Agreement.
GENERAL CONTINUING GUARANTYGeneral Continuing Guaranty • September 20th, 2011 • Supreme Industries Inc • Truck & bus bodies • New York
This GENERAL CONTINUING GUARANTY (this “Guaranty”), dated as of September 14, 2011, is executed and delivered by SUPREME INDUSTRIES, INC., a Delaware corporation (“Parent”), SUPREME NORTHWEST, L.L.C., a Texas limited liability company, SC TOWER STRUCTURAL LAMINATING, INC., a Texas corporation, SILVER CROWN, LLC, a Delaware limited liability company, SUPREME STB, LLC, a California limited liability company (the “CA Guarantor”), and SUPREME\MURPHY TRUCK BODIES, INC., a North Carolina corporation (the “NC Guarantor”) (each of the foregoing, a “Guarantor” and collectively, the “Guarantors”), in favor of WELLS FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company, as agent for the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns, if any, in such capacity, “Agent”), in light of the following:
ADDENDUM NUMBER TWO TO EMPLOYMENT AGREEMENTEmployment Agreement • September 7th, 2011 • Supreme Industries Inc • Truck & bus bodies
Effective February 1, 2011, Kim Korth (“Executive”) entered into an Employment Agreement (the “Agreement”) with Supreme Industries, Inc. and its wholly-owned subsidiary, Supreme Indiana Operations, Inc. (collectively referred to as “Companies”).
ADDENDUM NUMBER ONE TO EMPLOYMENT AGREEMENTEmployment Agreement • August 4th, 2011 • Supreme Industries Inc • Truck & bus bodies
Effective February 1, 2011, Kim Korth (“Executive”) entered into an Employment Agreement (the “Agreement”) with Supreme Industries, Inc. and its wholly-owned subsidiary, Supreme Indiana Operations, Inc. (collectively referred to as “Companies”).
ADDENDUM TO STANDARD INDUSTRIAL/COMMERCIAL SINGLE-TENANT LEASE - NET BY AND BETWEEN BFG2011 LIMITED LIABILITY COMPANY (LESSOR) AND SUPREME INDIANA OPERATIONS, INC. (LESSEE) FOR THE PREMISES LOCATED AT 22201 and 22135 ALESSANDRO BLVD., MORENO VALLEY,...Standard Industrial/Commercial Single-Tenant Lease - Net • March 26th, 2012 • Supreme Industries Inc • Truck & bus bodies
THIS ADDENDUM TO STANDARD INDUSTRIAL COMMERCIAL SINGLE-TENANT LEASE-NET (“Addendum”) is made and entered into as of May 12, 2011 by and between BFG2011 LIMITED LIABILITY COMPANY, a New Jersey limited liability company, doing business in California as “22135 ALESSANDRO, LLC” (“Lessor”), and SUPREME INDIANA OPERATIONS, INC., a Delaware corporation (“Lessee”), and is attached to and incorporated into that certain Standard Industrial Commercial Single-Tenant Lease-Net (the “Form Agreement”). The Form Agreement and this Addendum are collectively referred to as this “Lease.” Except as otherwise defined herein, all capitalized terms used herein shall have the meanings ascribed to them in the Form Agreement. To the extent that the provisions of this Addendum are inconsistent with the terms and conditions of the Form Agreement, the terms of this Addendum shall control.
FIRST AMENDMENT TO DECEMBER 29, 2011 LETTER AGREEMENTLetter Agreement • March 22nd, 2013 • Supreme Industries Inc • Truck & bus bodies
This First Amendment to December 29, 2011 Letter Agreement (“Amendment”), dated as of the 21st day of December, 2012 (“Effective Date”), is by and between Supreme Industries, Inc. (“Supreme”) and Matthew Long (“Long”) (collectively, the “Parties”).
ContractOmnibus Amendment and Reaffirmation Agreement • May 3rd, 2013 • Supreme Industries Inc • Truck & bus bodies • New York
OMNIBUS AMENDMENT AND REAFFIRMATION AGREEMENT (this “Amendment”), dated as of April 29, 2013, by and among SUPREME INDUSTRIES, INC., a Delaware corporation (the “Borrower”), the Subsidiaries of the Borrower party hereto (such Subsidiaries, collectively, the “Guarantors” and each, a “Guarantor”; the Borrower and the Guarantors are referred to herein, collectively, as the “Credit Parties” and each, a “Credit Party”), the Lenders identified on the signature pages hereof as Lenders (which Lenders constitute the Required Lenders), and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association (the “Administrative Agent”), as Administrative Agent for the Lenders.
Supreme Indiana Operations, Inc.Exercise of Option to Purchase • March 22nd, 2013 • Supreme Industries Inc • Truck & bus bodies
Reference is made to that Lease Agreement dated July 25, 1988, between G-2, Ltd., a Texas limited partnership (“Lessor”), and Supreme Corporation, a Texas corporation. As a result of a merger transaction effective September 28, 2010, Supreme Indiana Operations, Inc., a Delaware corporation (“Lessee”), became the successor in interest to Supreme Corporation under the Lease Agreement.
AMENDMENT NUMBER ONE TO EMPLOYMENT CONTRACT (Herbert M. Gardner)Employment Contract • August 14th, 2012 • Supreme Industries Inc • Truck & bus bodies
On January 1, 2005, Supreme Industries, Inc., a Delaware corporation (hereafter called “Company”) entered into an Amended and Restated Employment Contract with Herbert M. Gardner (hereafter called “Executive”).
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • July 5th, 2012 • Supreme Industries Inc • Truck & bus bodies • New York
This First Amendment to Credit Agreement (this “Amendment”) is dated as of June 29, 2012, and is between the Lenders identified on the signature pages hereof (which Lenders constitute the Required Lenders), WELLS FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company, as administrative agent for the Lenders (in that capacity, “Agent”), SUPREME INDUSTRIES, INC., a Delaware corporation (“Parent”), SUPREME INDIANA OPERATIONS, INC., a Delaware corporation (“Supreme Indiana”), and the Subsidiaries of Supreme Indiana identified on the signature pages hereof (such Subsidiaries, together with Supreme Indiana, “Borrowers”).
INVENTORY LOAN AND SECURITY AGREEEMENTInventory Loan and Security Agreement • May 17th, 2011 • Supreme Industries Inc • Truck & bus bodies • New York
THIS INVENTORY LOAN AND SECURITY AGREEMENT (this “Agreement”) is entered into by and between ALLY FINANCIAL, formerly known as GMAC (“ALLY”), and Supreme Indiana Operations, Inc. (“Manufacturer”) effective as of the date written below.
AMENDMENT NO. 1 TO CREDIT AGREEMENTCredit Agreement • April 4th, 2013 • Supreme Industries Inc • Truck & bus bodies • New York
This Amendment No. 1 to Credit Agreement (this “Amendment”) is executed as of April 1, 2013, but effective as of March 29, 2013 (that effective date, the “Amendment Effective Date”); is between the Lenders party hereto (which Lenders constitute all of the Lenders as of the date of this Amendment), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as administrative agent for the Lenders (in that capacity, “Administrative Agent”), and SUPREME INDUSTRIES, INC., a Delaware corporation (“Borrower”); and is acknowledged by the Subsidiary Guarantors.
SECOND AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT AND AMENDMENT TO SECURITY AGREEMENTSCredit Agreement • August 16th, 2011 • Supreme Industries Inc • Truck & bus bodies • Indiana
THIS SECOND AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT AND AMENDMENT TO SECURITY AGREEMENTS (this “Amendment”), dated as of May 12, 2011 (the “Effective Date”), is executed by JPMORGAN CHASE BANK, N.A., a national banking association (“Chase”), SUPREME INDIANA OPERATIONS, INC., a Delaware corporation (“SIOperations”), SUPREME TRUCK BODIES OF CALIFORNIA, INC., a California corporation (“STBCalifornia”), SUPREME NORTHWEST, L.L.C., a Texas limited liability company (“SNorthwest”), SUPREME CORPORATION OF TEXAS, a Texas corporation (“SCTexas”), SUPREME MID-ATLANTIC CORPORATION, a Texas corporation (“SMid-Atlantic”), SUPREME INDUSTRIES, INC., a Delaware corporation (“SIndustries”), and SUPREME/MURPHY TRUCK BODIES, INC., SUPREME INDIANA MANAGEMENT, INC., SUPREME STB, LLC, SC TOWER STRUCTURAL LAMINATING, INC. and SILVER CROWN, LLC (collectively with SIOperations, STBCalifornia, SNorthwest, SCTexas, SMid-Atlantic, and SIndustries, each of the foregoing are referred to in this Amendment
Employment Contract Supreme Indiana Operations, Inc. (Robert W. Wilson)Employment Contract • March 26th, 2012 • Supreme Industries Inc • Truck & bus bodies • Indiana
This Contract is entered into between Supreme Indiana Operations, Inc., a Delaware corporation (hereafter called “Company”), and Robert W. Wilson (hereafter called “Employee”).
AMENDMENT NUMBER ONE TO EMPLOYMENT CONTRACT (William J. Barrett)Employment Contract • August 14th, 2012 • Supreme Industries Inc • Truck & bus bodies
On January 1, 2005, Supreme Industries, Inc., a Delaware corporation (hereafter called “Company”) entered into an Amended and Restated Employment Contract with William J. Barrett (hereafter called “Executive”).
OPTION AGREEMENTOption Agreement • May 17th, 2011 • Supreme Industries Inc • Truck & bus bodies
This OPTION AGREEMENT (this “Agreement”) is made and entered into as of the 24th day of March, 2011 (“Effective Date”), by and between Supreme Indiana Operations, Inc., a Delaware corporation (“Seller”) and Barrett Gardner Associates, Inc. (“Purchaser”).
AMENDMENT TO CIVIL SETTLEMENT AGREEMENTCivil Settlement Agreement • August 16th, 2011 • Supreme Industries Inc • Truck & bus bodies
This Amendment to Civil Settlement Agreement (“Amendment”) dated May 25, 2011, is made by and between The Armored Group, LLC (“TAG”), a Nevada limited liability company, and Supreme Indiana Operations, Inc., a Delaware corporation, successor to Supreme Corporation, a Texas corporation, and Supreme Corporation of Texas, a Texas corporation (collectively “Supreme”). TAG and Supreme are the parties (“Parties”) to this Amendment. These same parties are the signatories to the Civil Settlement Agreement dated May 25, 2011.
