WABASH NATIONAL CORPORATION AND THE SUBSIDIARIES OF WABASH NATIONAL CORPORATION IDENTIFIED ON THE SIGNATURE PAGES HERETO, AS BORROWERS THIRD AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT Dated as of July 17, 2009 BANK OF AMERICA, N.A., individually...Loan and Security Agreement • July 20th, 2009 • Wabash National Corp /De • Truck trailers • Illinois
THIS THIRD AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT is made as of this 17 day of July 2009, by and among BANK OF AMERICA, N.A. (“Bank of America”), with an office at 135 South LaSalle Street, Fourth Floor, Chicago, Illinois 60604, individually as a Lender, as Agent (“Agent”) for itself and any other financial institution which is or becomes a party hereto (each such financial institution, including Bank of America, is referred to hereinafter individually as a “Lender” and collectively as the “Lenders”), the LENDERS, WELLS FARGO FOOTHILL, LLC, individually as a Lender and as Syndication Agent for Lenders, JPMORGAN CHASE BANK, N.A., individually as a Lender and as a Documentation Agent for Lenders, BANC OF AMERICA SECURITIES LLC, as sole lead arranger and book manager (“Arranger”), and each of WABASH NATIONAL CORPORATION, a Delaware corporation with its chief executive office and principal place of business at 1000 Sagamore Parkway South, Lafayette, Indiana 47905 (“Wabash”) and E
AMENDMENT NO. 1 TO RIGHTS AGREEMENTRights Agreement • July 20th, 2009 • Wabash National Corp /De • Truck trailers • Delaware
This Amendment No. 1 (this “Amendment”) to Rights Agreement dated as of December 28, 2005 (the “Agreement”), between Wabash National Corporation, a Delaware corporation (the “Company”), and National City Bank (the “Rights Agent”), is effective as of July 17, 2009.
SECURITIES PURCHASE AGREEMENT dated as of JULY 17, 2009 by and between WABASH NATIONAL CORPORATION and TRAILER INVESTMENTS, LLCSecurities Purchase Agreement • July 20th, 2009 • Wabash National Corp /De • Truck trailers • Delaware
This SECURITIES PURCHASE AGREEMENT (this “Agreement”) is made as of July 17, 2009 by and between Wabash National Corporation, a Delaware corporation (the “Company”), and Trailer Investments, LLC, a Delaware limited liability company (the “Investor”). Capitalized terms used, but not otherwise defined in this Agreement, shall have the meanings ascribed to such terms in Section 1.
