Exhibit 3.33 SECOND AMENDED AND RESTATED TRUST AGREEMENT Dated as of September 29, 1995Trust Agreement • October 14th, 2003 • Evergreen International Aviation Inc • Air transportation, nonscheduled • Delaware
SECOND AMENDMENT TO AMENDED LEASE BETWEEN PINAL COUNTY AND EVERGREEN AIR CENTER, INC., DATED JUNE 12, 1992, AS AMENDED July 1, 1998,Lease Agreement • October 14th, 2003 • Evergreen International Aviation Inc • Air transportation, nonscheduled
AMONGSecurity Agreement • October 14th, 2003 • Evergreen International Aviation Inc • Air transportation, nonscheduled • New York
EXHIBIT 10.39 AMENDMENT TO LETTER AGREEMENT AMENDMENT, effective as of April 30, 2003 (the "Amendment"), to the Letter Agreement, dated April 30, 2003 (the "Letter Agreement"), between Delford M. Smith (the "Employee") and Evergreen International...Letter Agreement • October 14th, 2003 • Evergreen International Aviation Inc • Air transportation, nonscheduled
EVERGREEN INTERNATIONAL AVIATION, INC., as IssuerIndenture • October 14th, 2003 • Evergreen International Aviation Inc • Air transportation, nonscheduled • New York
betweenRegistration Rights Agreement • October 14th, 2003 • Evergreen International Aviation Inc • Air transportation, nonscheduled • New York
THIRD AMENDMENT TO LEASE AGREEMENTLease Agreement • October 14th, 2003 • Evergreen International Aviation Inc • Air transportation, nonscheduled
Exhibit 10.26 AMENDMENT AGREEMENT This AMENDMENT AGREEMENT, dated as of May 9, 2003 (this "Amendment"), to the Secured Loan Agreement, dated as of May 7, 1997 (the "Secured Loan Agreement"), among FINOVA Capital Corporation, Wilmington Trust Company,...Amendment Agreement • October 14th, 2003 • Evergreen International Aviation Inc • Air transportation, nonscheduled • New York
R E C I T A L SIntercreditor Agreement • May 25th, 2004 • Evergreen International Aviation Inc • Air transportation, nonscheduled • New York
EXHIBIT 10.27 THE RIGHTS OF LESSOR UNDER THIS SECOND AMENDED AND RESTATED LEASE AGREEMENT AND IN EACH AIRCRAFT COVERED HEREBY HAVE BEEN ASSIGNED TO, AND ARE SUBJECT TO A SECURITY INTEREST IN FAVOR OF, TCW SPECIAL CREDITS, AS AGENT, UNDER A MORTGAGE...Lease Agreement • October 14th, 2003 • Evergreen International Aviation Inc • Air transportation, nonscheduled • New York
Exhibit 10.7 Amendment of Correction to Amended Lease Between Pinal County and Evergreen Air Center, Inc., Dated June 12, 1992 Pinal County is the Lessor of the Leased Premises described in June 12, 1992, Amended Lease and is hereinafter referred to...Lease Agreement • October 14th, 2003 • Evergreen International Aviation Inc • Air transportation, nonscheduled
EXHIBIT 10.25 SECURED LOAN AGREEMENTSecured Loan Agreement • October 14th, 2003 • Evergreen International Aviation Inc • Air transportation, nonscheduled • Arizona
EXHIBIT 10.31 ----------------------------------------------------------------- --------------- LOAN AGREEMENTLoan Agreement • October 14th, 2003 • Evergreen International Aviation Inc • Air transportation, nonscheduled • New York
EVERGREEN INTERNATIONAL AVIATION, INC. 3850 Three Mile Lane . Mc Minnville, OR 97128-9496 USA Phone (503) 472-9361 . Fax (503) 472-1048 Telex 360841-SITA HDQOO156 Mr. Delford M. Smith 22800 Fulquartz Landing Road Dundee, OR 97115 Dear Delford: This...Employment Agreement • October 14th, 2003 • Evergreen International Aviation Inc • Air transportation, nonscheduled • Oregon
RECITALSGuaranty and Subordination Agreement • October 14th, 2003 • Evergreen International Aviation Inc • Air transportation, nonscheduled • Arizona
May 12, 2004 Evergreen Aircraft Sales and leasing Co. 3850 NE Three Mile Lane McMinnville, OR 97128 RE: AMENDMENT TO LOAN DOCUMENTS Dear Ladies & Gentlemen: This Letter Agreement will serve to confirm certain agreements of Merrill Lynch Business...Loan Agreement • May 25th, 2004 • Evergreen International Aviation Inc • Air transportation, nonscheduled
AWARD/CONTRACT 1. THIS CONTRACT IS A RATED ORDER RATING PAGE OF PAGE UNDER DPAS (15 CFR 350) 1 1 -------------------------------------------------------------- -------------------------------------------------------------------- 2. CONTRACT (Proc....Award/Contract • October 14th, 2003 • Evergreen International Aviation Inc • Air transportation, nonscheduled
Exhibit 10.37 SECOND AMENDMENT TO CREDIT, GUARANTY AND SECURITY AGREEMENT THIS SECOND AMENDMENT TO CREDIT, GUARANTY AND SECURITY AGREEMENT, dated as of August 15, 2003 (this "Second Amendment"), by and among Evergreen International Aviation, Inc., an...Credit, Guaranty and Security Agreement • October 14th, 2003 • Evergreen International Aviation Inc • Air transportation, nonscheduled • New York
AMENDMENT TO THE SECOND AMENDED AND RESTATED TRUST AGREEMENTTrust Agreement • October 14th, 2003 • Evergreen International Aviation Inc • Air transportation, nonscheduled • Delaware
WITNESSETH:Security Agreement • October 14th, 2003 • Evergreen International Aviation Inc • Air transportation, nonscheduled • Illinois
BY AND AMONGLoan and Security Agreement • May 25th, 2004 • Evergreen International Aviation Inc • Air transportation, nonscheduled • New York
FIRST AMENDMENT TO SECURITY AGREEMENTSecurity Agreement • February 27th, 2004 • Evergreen International Aviation Inc • Air transportation, nonscheduled • New York
FIRST AMENDMENT TO SECURITY AGREEMENT, dated as of February 25, 2004 (this “Amendment”), by and among J.P. Morgan Trust Company, National Association, as successor Collateral Agent to Bank One, N.A. (the “Collateral Agent”), Evergreen International Aviation, Inc. (the “Company”), Evergreen Holdings, Inc., (“Holdings”), and the other grantors listed on the signature pages hereof (collectively, the “Grantors”). Capitalized terms used herein but not otherwise defined shall have the respective meanings ascribed to such terms in the Security Agreement, dated as of May 16, 2003, (the “Security Agreement”), by and among the Collateral Agent, the Company, Holdings and the other Grantors party thereto.
EXHIBIT 10.1Forbearance Agreement • February 27th, 1997 • Evergreen International Aviation Inc • Air transportation, nonscheduled • New York
EXHIBIT 10.34 [LOGO OF MERRILL LYNCH] WCMA(R) REDUCING REVOLVER- LOAN AGREEMENT WCMA REDUCING REVOLVER- LOAN AGREEMENT NO. 54F-07230 ("Loan Agreement") dated as of April 25, 2001, between EVERGREEN INTERNATIONAL AIRLINES, INC., a corporation organized...Loan Agreement • October 14th, 2003 • Evergreen International Aviation Inc • Air transportation, nonscheduled • Illinois
THIRD AMENDMENT AND WAIVER TO CREDIT, GUARANTY AND SECURITY AGREEMENTCredit, Guaranty and Security Agreement • December 17th, 2003 • Evergreen International Aviation Inc • Air transportation, nonscheduled • New York
THIS THIRD AMENDMENT AND WAIVER TO CREDIT, GUARANTY AND SECURITY AGREEMENT, dated as of October 14, 2003 (this “Third Amendment”), by and among Evergreen International Aviation, Inc., an Oregon corporation (“Borrower”), the various Subsidiaries (direct and indirect) of Borrower (other than Boomer Air, Inc., a Delaware corporation, a former Subsidiary of Borrower, which was dissolved on September 13, 2003) whose names appear on the signature pages to the Credit Agreement (as defined below) or who may thereafter become parties thereto by executing and delivering an Instrument of Joinder (the “Subsidiary Parties”), Evergreen Holdings, Inc., an Oregon corporation (“Parent Company”), a Delaware common law trust created pursuant to that certain Trust Agreement, dated as of February 25, 1986, as amended and restated pursuant to the Amended and Restated Trust Agreement, dated as of August 31, 1987, as amended on August 31, 1988, and as amended and restated pursuant to the Second Amended and Re
SECOND AMENDMENT TO THE SECOND AMENDED AND RESTATED TRUST AGREEMENTTrust Agreement • January 27th, 2004 • Evergreen International Aviation Inc • Air transportation, nonscheduled • Delaware
This SECOND AMENDMENT (the “Second Amendment”) to the Second Amended and Restated Trust Agreement, dated as of September 29, 1995, among the Wilmington Trust Company, a Delaware banking corporation, not in its individual capacity, but solely as trustee thereunder (“Owner Trustee”), and 747, Inc., an Oregon corporation (“747”), King, Christian Inc., a Nevada corporation (“King Christian”), and Delford M. Smith, as beneficiaries, is made as of January 14, 2004, among Owner Trustee, Evergreen International Aviation, Inc., an Oregon corporation (“Aviation”) and Delford M. Smith.
FOURTH AMENDMENT AND CONSENT TO CREDIT, GUARANTY AND SECURITY AGREEMENTCredit, Guaranty and Security Agreement • February 27th, 2004 • Evergreen International Aviation Inc • Air transportation, nonscheduled • New York
THIS FOURTH AMENDMENT AND CONSENT TO CREDIT, GUARANTY AND SECURITY AGREEMENT, dated as of February 24, 2004 (this “Fourth Amendment”), by and among Evergreen International Aviation, Inc., an Oregon corporation (“Borrower”), the various Subsidiaries (direct and indirect) of Borrower whose names appear on the signature pages to the Credit Agreement (as defined below) or who may thereafter become parties thereto by executing and delivering an Instrument of Joinder (the “Subsidiary Parties”), Evergreen Holdings, Inc., an Oregon corporation (“Parent Company”), a Delaware common law trust created pursuant to that certain Trust Agreement, dated as of February 25, 1986, as amended and restated pursuant to the Amended and Restated Trust Agreement, dated as of August 31, 1987, as amended on August 31, 1988, and as amended and restated pursuant to the Second Amended and Restated Trust Agreement, dated as of September 29, 1995, as amended as of May 8, 2003, among the Borrower (an assignee of the P
AMENDMENT TO LOAN AGREEMENTLoan Agreement • December 17th, 2003 • Evergreen International Aviation Inc • Air transportation, nonscheduled
THIS AMENDMENT TO LOAN AGREEMENT, (this “Amendment”) is dated as of December 1, 2003 and is entered into by and between EVERGREEN INTERNATIONAL AIRLINES, INC., an Oregon corporation (the “Borrower”), and UT FINANCE CORPORATION, a Delaware corporation (the “Lender”).
ANDCredit, Guaranty and Security Agreement • October 14th, 2003 • Evergreen International Aviation Inc • Air transportation, nonscheduled • New York
EXHIBIT 10.33 [LOGO OF MERRILL LYNCH] WCMA(R) REDUCING REVOLVER-LOAN AGREEMENT =============================================================================== = THIS WCMA REDUCING REVOLVER-LOAN AGREEMENT NO. 54F-07164 ("Loan Agreement") dated as of...Wcma Reducing Revolver-Loan Agreement • October 14th, 2003 • Evergreen International Aviation Inc • Air transportation, nonscheduled • Illinois
April 23, 2003 Evergreen International Airlines, Inc. 3850 NE Three Mile Lane McMinnville, OR 97128 Re: Amendment to Loan Documents Ladies & Gentlemen: This Letter Agreement will serve to confirm certain agreements of Merrill Lynch Business Financial...Loan Agreement • October 14th, 2003 • Evergreen International Aviation Inc • Air transportation, nonscheduled
WHEREAS:Chattel Mortgage and Security Agreement • October 14th, 2003 • Evergreen International Aviation Inc • Air transportation, nonscheduled • Arizona
