JOINDER NO. 1 TO REGISTRATION RIGHTS AGREEMENT
Exhibit 4.4.2
JOINDER NO. 1 TO
December 13, 2013
Xxxxx Fargo Securities, LLC
Barclays Capital Inc.
c/o Wells Fargo Securities, LLC
000 Xxxxx Xxxxx Xxxxxx, 0xx Xxxxx
Xxxxxxxxx, XX 00000
U.S. Bank National Association
as collateral agent and trustee for the Holders
of the Notes pursuant to the Indenture
Re: Xxxx Xxxxxx Holdings Corp. offering of 9.25% Senior Secured Notes due 2020
Ladies and Gentlemen:
This Joinder Agreement is made as of the date first written above (the “Joinder Agreement”) in accordance with the provisions of that certain Registration Rights Agreement (the “Registration Rights Agreement”) dated November 7, 2013, by and among XXXX XXXXXX HOLDINGS CORP., a Delaware corporation, XXXXX FARGO SECURITIES, LLC and BARCLAYS CAPITAL INC. and the subsidiary guarantors thereto. Capitalized terms that are used herein without definition herein shall have the respective meanings ascribed to them in the Registration Rights Agreement.
The parties signatory hereto acknowledge, agree and confirm to the addressees hereof that, by execution of this Joinder Agreement, Axis Logistic Services, Inc., a Delaware corporation (“Axis”), Xxxx Xxxxxx Rail and Shuttle, Inc. (“Rail”), Xxxx Xxxxxx CT Services, Inc. (“CT” and collectively along with Axis and Rail, the “New Guarantors”), shall be deemed to be a party to the Registration Rights Agreement as of the date hereof as a “Guarantor” and shall have all of the rights and obligations of a “Guarantor” or a “Subsidiary Guarantor” thereunder as if it had executed the Registration Rights Agreement. The New Guarantors hereby ratify, as of the date hereof, and agree to be bound by, all of the terms, provisions and conditions contained in the Registration Rights Agreement.
IN WITNESS WHEREOF, the parties have executed this Joinder Agreement as of the date first written above.
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AXIS LOGISTIC SERVICES, INC., as Guarantor | |
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By: |
/s/ Xxxxxxx Xxxxx Xxxxxxx |
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Name: Xxxxxxx Xxxxx Xxxxxxx |
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Title: Chief Financial Officer |
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XXXX XXXXXX RAIL AND SHUTTLE, INC., as Guarantor | |
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By: |
/s/ Xxxxxxx Xxxxx Xxxxxxx |
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Name: Xxxxxxx Xxxxx Xxxxxxx |
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Title: Chief Financial Officer |
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XXXX XXXXXX CT SERVICES, INC., as Guarantor | |
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By: |
/s/ Xxxxxxx Xxxxx Xxxxxxx |
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Name: Xxxxxxx Xxxxx Xxxxxxx |
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Title: Chief Financial Officer |
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XXXX XXXXXX HOLDINGS CORP. | |
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By: |
/s/ Xxxxxxx Xxxxx Xxxxxxx |
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Name: Xxxxxxx Xxxxx Xxxxxxx |
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Title: Chief Financial Officer |
[Signature Page to Joinder No. 1 to November 7 Registration Rights Agreement]
