ASSET PURCHASE AGREEMENT by and among FreightCar Rail Services, LLC, FreightCar America, Inc., Cornhusker Railways, LLC, DTE Rail Services, Inc., and DTE Energy Resources, Inc. Dated September 7, 2010Asset Purchase Agreement • September 8th, 2010 • FreightCar America, Inc. • Railroad equipment • Delaware
This ASSET PURCHASE AGREEMENT (this “Agreement”) is entered into as of September 7, 2010, by and among FreightCar Rail Services, LLC, a Delaware limited liability company (“Buyer”), DTE Rail Services, Inc., a Michigan corporation (“DTERS”), Cornhusker Railways, LLC, a Michigan limited liability company (“Cornhusker” and collectively with DTERS, “Sellers” and each individually “Seller”), and, solely for the purposes of Section 10.5, DTE Energy Resources, Inc., a Michigan corporation (“Parent”) and, solely for the purposes of Section 10.6, FreightCar America, Inc., a Delaware corporation (“FreightCar”). Buyer, DTERS and Cornhusker are referred to collectively herein as the “Parties” and each individually as a “Party”.
