FIRST AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • November 5th, 2020 • WABASH NATIONAL Corp • Truck trailers
THIS FIRST AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this "Amendment") is entered into as of September 28, 2020, by and among Wells Fargo Capital Finance, LLC, a Delaware limited liability company, as the arranger and administrative agent (the "Agent") for the Lenders (as defined in the Credit Agreement referred to below), the Lenders party hereto, WABASH NATIONAL CORPORATION, a Delaware corporation ("Wabash"), certain Subsidiaries of Wabash designated on the signature pages hereto as borrowers (together with Wabash, such Subsidiaries are collectively referred as the "Borrowers") and certain Subsidiaries of Wabash designated on the signature pages hereto as guarantors. Capitalized terms not otherwise defined herein have the definitions provided therefor in the Credit Agreement (as hereinafter defined).
CREDIT AGREEMENT Dated as of September 28, 2020 among WABASH NATIONAL CORPORATION, as the Borrower The Several Lenders from Time to Time Parties Hereto WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent WELLS FARGO SECURITIES, LLC, and...Credit Agreement • November 5th, 2020 • WABASH NATIONAL Corp • Truck trailers • New York
TABLE OF CONTENTS Page SECTION 1. Definitions 7 1.1. Defined Terms 7 1.2. Other Definitions and Provisions, Construction... 51 1.3. Accounting Terms 52 1.4. Exchange Rates 52 1.5. Rates; Eurodollar Notification 53 1.6. Divisions 53 1.7. Limited Condition Transactions 53 SECTION 2. Amount and Terms of Credit 55 2.1. Commitments and Loans 55 2.2. Minimum Amount of Each Borrowing; Maximum Number of Borrowings 55 2.3. Notice of Borrowing 55 2.4. Disbursement of Funds 56 2.5. Repayment of Loans; Evidence of Debt 56 2.6. Conversions and Continuations 57 2.7. Pro Rata Borrowings 57 2.8. Interest 58 2.9. Interest Periods 58 2.10. Increased Costs, Illegality, Effect of Benchmark Transition Event, etc 59 2.11. Compensation 62 2.12. Change of Lending Office 62 2.13. Notice of Certain Costs 62 2.14. Amortization 62 2.15. Incremental Facilities 63 SECTION 3. Extensions/Refinancings 65 3.1. Extensions 65 3.2. Refinancing Amendments 67 SECTION 4. Fees 67 4.1. Fees 68 SECTION 5. Payments 68 5.1. Volun
