AGREEMENT AND PLAN OF REORGANIZATION AND MERGER BY AND AMONG WESTERN POWER & EQUIPMENT CORP., E-MOBILE, INC., AND E-MOBILE HOLDINGS, INC.Agreement and Plan of Reorganization and Merger • December 15th, 2000 • Western Power & Equipment Corp • Wholesale-construction & mining (no petro) machinery & equip • New York
AGREEMENT AND PLAN OF REORGANIZATION AND MERGER (the "Agreement"), dated as of November 1, 2000, by and among WESTERN POWER & EQUIPMENT CORP., a Delaware corporation ("Western Power"), E-MOBILE, INC., a Delaware corporation ("E-Mobile"), and E-MOBILE HOLDINGS, INC., a newly-formed Delaware corporation, one-half of the issued and outstanding capital stock of which is owned by each of Western Power and E-Mobile ("Parent").
ASSET PURCHASE AGREEMENT between WESTERN POWER & EQUIPMENT, L.L.C., and WESTERN POWER & EQUIPMENT CORP.Asset Purchase Agreement • December 15th, 2000 • Western Power & Equipment Corp • Wholesale-construction & mining (no petro) machinery & equip
This ASSET PURCHASE AGREEMENT (this "Agreement") is entered into as of the 1st day of November, 2000 by and between WESTERN POWER & EQUIPMENT, L.L.C., a Delaware limited liability company ("Purchaser") and WESTERN POWER & EQUIPMENT CORP., a Delaware corporation ("Seller" and, together with Purchaser, the "Parties").
AMENDMENT NUMBER 2 Dated and Effective October 31, 2000 TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT AMONG WESTERN POWER & EQUIPMENT CORP., A DELAWARE CORPORATION, AND WESTERN POWER & EQUIPMENT CORP., AN OREGON CORPORATION AND DEUTSCHE...Loan and Security Agreement • December 15th, 2000 • Western Power & Equipment Corp • Wholesale-construction & mining (no petro) machinery & equip • Missouri
In consideration of the mutual agreements herein and other sufficient consideration, the receipt of which is hereby acknowledged, WESTERN POWER & EQUIPMENT CORP., a Delaware corporation, WESTERN POWER & EQUIPMENT CORP., an Oregon corporation (separately and collectively, "Borrower"), DEUTSCHE FINANCIAL SERVICES CORPORATION, as Administrative Agent for itself and the other Lenders ("Administrative Agent"), and the other Lenders, hereby enter into this Amendment Number 2 dated and effective as of October 31, 2000 (this "Amendment") to the Amended and Restated Loan and Security Agreement between them effective as of June 30, 1999, as amended by Amendment Number 1 thereto dated as of June 5, 2000 (as it may be amended, restated, extended, renewed and/or otherwise modified from time to time, the "Loan Agreement"), as follows:
