FOURTH AMENDMENT TO SIXTH AMENDED AND RESTATED ABL FIRST LIEN CREDIT AGREEMENT
EXHIBIT 10.7
FOURTH AMENDMENT TO SIXTH AMENDED AND RESTATED ABL FIRST LIEN CREDIT AGREEMENT
This Fourth Amendment to Sixth Amended and Restated ABL First Lien Credit Agreement, dated as of November 22, 2023 (this “Amendment”), is among ALTA EQUIPMENT GROUP INC., a Delaware corporation, the other Borrowers party hereto, the Lenders party hereto, and JPMORGAN CHASE BANK, N.A., as Administrative Agent.
RECITALS
TERMS
In consideration of the premises and of the mutual agreements herein contained, the parties agree as
follows:
ARTICLE I. AMENDMENTS. Upon the Fourth Amendment Effective Date (as defined below), the parties hereto agree that the Credit Agreement is hereby amended as follows:
ARTICLE II. REPRESENTATIONS. Each of the Loan Parties represents and warrants to the Administrative Agent and the Lenders that:
ARTICLE III. CONDITIONS OF EFFECTIVENESS. This Amendment shall become effective as of the date upon which all of the following conditions have been satisfied (such date, the “Fourth Amendment Effective Date”):
ARTICLE IV. MISCELLANEOUS.
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ARTICLE V. RELEASE. In consideration of the agreements of the Administrative Agent and the Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, each Loan Party hereby releases and forever discharges the Administrative Agent, the Lenders and their respective directors, officers, employees, agents, attorneys, affiliates, subsidiaries, successors and permitted assigns from any and all liabilities, obligations, actions, contracts, claims, causes of action, damages, demands, costs and expenses whatsoever (collectively "Claims"), of every kind and nature, however evidenced or created, whether known or unknown, arising prior to or on the date of this Amendment including, but not limited to, any Claims involving the extension of credit under or administration of this Amendment, the Credit Agreement or the other Loan Documents, as each may be amended, or the obligations, liabilities and/or indebtedness incurred by the Loan Parties or any other transactions evidenced by this Amendment, the Credit Agreement or the other Loan Documents.
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IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first above
written.
INC.
nee un1cer
ALTA ENTERPRISES, LLC
ALTA CONSTRUCTION EQUIPMENT ILLINOIS, LLC ALTA INDUSTRIAL EQUIPMENT MICIDGAN, LLC ALTA BEA VY EQUIPMENT SERVICES, LLC
ALTA INDUSTRIAL EQUIPMENT COMPANY, L.L.C. ALTA CONSTRUCTION EQUIPMENT, L.L.C. NITCO,LLC
ALTA CONSTRUCTION EQUIPMENT FLORIDA, LLC ALTA INDUSTRIAL EQUIPMENT NEW YORK, LLC, ALTA CONSTRUCTION EQUIPMENT NEW YORK, LLC PEAKLOGIX, LLC
ALTA CONSTRUCTION EQUIPMENT omo, LLC
ALTA MATERIAL HANDLING NEW YORK STATE, LLC
ALTA MINE SERVICES, LLC XXXX XXXXXX MICIDGAN, LLC
ALTA CONSTRUCTION EQUIPMENT NEW ENGLAND, LLC
ALTA ELECTRIC VEIDCLES HOLDING, LLC (F/K/A ALTA ELECTRIC VEIDCLES, LLC)
ALTA ELECTRIC VEIDCLES NORTH EAST, LLC (F/K/A ALTA ELECTRIC VEIIlCLES, LLC) GINOP SALES, INC.
ALTA ELECTRIC VEIDCLES SOUTH WEST, LLC ECOVERSE, LLC
ALTA EQUIPMENT DI
inance Officer
of each of the above, on behalf of each of the above
ALTA EQUIPMENT CANADA HOLDINGS, INC. (F/KJA ALTA ACQUISITION COl\X.Xx\,NY, INC.)
YALE INDUSTRIAL TRUCKS INC./CAMIONS INDUSTRIELS YALE INC. (F/KJA 1000220888 ONTARIO INC.)
ALTA CONSTRUCTION EQUIPMENT PENNSYLVANIA,
LLC.- j
PEAKLOGIX CANADA INC. ALTA CANADA HOLDINGS, INC.
ALTA ONTARIO ACQUJSff.J8N' COMPANY INC.
0
u d Representative
of each of the above, on behalf of each of the above
JPMORGAN CHASE.BAJ.'{ N.A., as a Lender and as
Adm inisu-ative Agent
8y;
Name:'
Title: Authorized Officer
JPMORGAN CHASE BANK, N.A., TORONTO BRANCH
By:
Name: Xxxxxx Xxxxx Title: Authorized Officer
COMERICA BANK, as a Lender and as Co-Documentation Agent
By ·
Name:RodeyClark Title: Vice President
FIFm THIRD BANK, NATIONAL ASSOCIATION, as a
Lender and a Co-Documentation Agent
NATIONAL ASSOCIATION, as a Lender and a en •
0
am g K£inf _
Title: :;EN\ DR XXXx, ff<c5/i)Ef\f /
BANK OF MONTREAL
BANK OF MONTREAL
KEYBANK, NATIONAL ASSOCIATION, as a Lender and a
Co-Documentation Agent
Xxxxxxxxxxx X. Xxxxxxxx
By:
Xxxxxxxxxxx X. Xxxxxxxx
CN = Xxxxxxxxxxx X. Xxxxxxxx email = Xxxxxxxxxxx_X_Xxxxxxxx@XxxXxxx.xxx C = US O = KeyBanc Capital Markets OU = Asset Based Lending 2023.11.15 09:27:48 -07'00'
Name: Xxxxxxxxxxx X. Xxxxxxxx Title: Vice President
FLAGSTAR BANK, N.A., as a Lender
By:
Name: Xxxxxxx X. Xxxxxxxx Title: First Vice President