February 7, 2007American Tire Distributors Holdings, Inc. • February 5th, 2010 • Wholesale-motor vehicle supplies & new parts • New York
We refer to the Fourth Amended and Restated Loan and Security Agreement dated as of March 31, 2005 (as amended, restated, modified or supplemented and in effect on the date hereof, the “Loan Agreement”), by and among AMERICAN TIRE DISTRIBUTORS, INC., a Delaware corporation (“American Tire”), THE SPEED MERCHANT, INC., a California corporation (“Speed Merchant”), T.O. HAAS TIRE COMPANY, INC., a Nebraska corporation (“Haas Tire”), and SAMARITAN WHOLESALE TIRE COMPANY, a Minnesota corporation (“Samaritan”) (American Tire, Speed Merchant, Haas Tire, and Samaritan are referred to hereinafter individually as a “Borrower” and collectively as the “Borrowers”), the financial institutions party from time to time to the Loan Agreement (the “Lenders”), BANK OF AMERICA, N.A., a national banking association, in its capacity as collateral and administrative agent for the Lenders (together with its successors in such capacity, the “Administrative Agent”), and the other agents named therein. Unless othe
