THIRD AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT by and among ATLANTIC EXPRESS TRANSPORTATION CORP. and the other parties named on the signature pages hereto as Borrowers WACHOVIA BANK, NATIONAL ASSOCIATION as Agent and THE LENDERS FROM TIME TO...Loan and Security Agreement • June 29th, 2007 • Atlantic Express Transportation Corp • Local & suburban transit & interurban hwy passenger trans • New York
This Third Amended and Restated Loan and Security Agreement, dated May 15, 2007, is entered into by and among Atlantic Express Transportation Corp., a New York corporation (“Parent”), Amboy Bus Co., Inc., a New York corporation (“Amboy”), Atlantic Escorts Inc., a New York corporation (“Atlantic Escorts”), Atlantic Express Coachways, Inc., a New Jersey corporation (“Coachways”), Atlantic Express New England, Inc., a Massachusetts corporation (“AE-NE”), Atlantic Express of California, Inc., a California corporation (“AE-CA”), Atlantic Express of Illinois, Inc., an Illinois corporation (“AE-I”), Atlantic Express of L.A., Inc., a California corporation (“AELA”), Atlantic Express of Missouri Inc., a Missouri corporation (“AE Missouri”), Atlantic Express of New Jersey, Inc., a New Jersey corporation (“AENJ”), Atlantic Express of Pennsylvania, Inc., a Delaware corporation (“AEP”), Atlantic Express of Upstate New York, Inc., formerly known as T NT Bus Service, Inc., a New York corporation (“AE
INDENTURE, Dated as of May 15, 2007, AMONG ATLANTIC EXPRESS TRANSPORTATION CORP., as Issuer, THE BANK OF NEW YORK, as Trustee and Collateral Agent, AND THE GUARANTORS NAMED HEREIN, as Guarantors, $185,000,000 Senior Secured Floating Rate Notes due 2012Indenture • June 29th, 2007 • Atlantic Express Transportation Corp • Local & suburban transit & interurban hwy passenger trans • New York
INDENTURE, dated as of May 15, 2007, among Atlantic Express Transportation Corp., a New York corporation (the “Company”), the Guarantors (as herein defined) and The Bank of New York, a New York banking corporation, as Trustee (in such capacity, the “Trustee”) and Collateral Agent (in such capacity, the “Collateral Agent”).
SECURITY AGREEMENTSecurity Agreement • June 29th, 2007 • Atlantic Express Transportation Corp • Local & suburban transit & interurban hwy passenger trans • New York
This SECURITY AGREEMENT, dated as of May 15, 2007 (as amended, supplemented, amended and restated or otherwise modified from time to time, this “Agreement”), is made by ATLANTIC EXPRESS TRANSPORTATION CORP., a New York corporation (the “Issuer”), and each Subsidiary (such capitalized term and other terms used in this Agreement to have the meanings set forth in Section 1) of the Issuer from time to time party to this Security Agreement (the “Subsidiary Guarantors” and, together with the Issuer, the “Debtors”), in favor of THE BANK OF NEW YORK, a New York banking corporation, in its capacity as collateral agent (together with any successor(s) thereto in such capacity, the “Collateral Agent”) for the benefit of the Trustee and the Noteholders (the Collateral Agent, the Trustee and the Noteholders are hereinafter referred to as the “Secured Parties”).
ATLANTIC EXPRESS TRANSPORTATION CORP. $185,000,000 Senior Secured Floating Rate Notes due 2012 REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • June 29th, 2007 • Atlantic Express Transportation Corp • Local & suburban transit & interurban hwy passenger trans • New York
Atlantic Express Transportation Corp., a New York corporation (the “Company”) is issuing and selling to Jefferies & Company, Inc. (the “Initial Purchaser”), upon the terms set forth in the Purchase Agreement dated May 1, 2007, by and among the Company, the Initial Purchaser and the subsidiary guarantors named therein (the “Purchase Agreement”), $185,000,000 aggregate principal amount of senior secured floating rate notes due 2012 of the Company (the “Notes”). As an inducement to the Initial Purchaser to enter into the Purchase Agreement, the Company and the subsidiary guarantors listed in the signature pages hereto agree with the Initial Purchaser, for the benefit of the Holders (as defined below) of the Notes (including, without limitation, the Initial Purchaser), as follows:
INTERCREDITOR AGREEMENTIntercreditor Agreement • June 29th, 2007 • Atlantic Express Transportation Corp • Local & suburban transit & interurban hwy passenger trans • New York
THIS INTERCREDITOR AGREEMENT (“Intercreditor Agreement”) dated as of May 15, 2007 is by and between WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, as successor to Congress Financial Corporation, a Delaware corporation, as Revolving Loan Agent (as defined below) for the Revolving Loan Lenders (as defined below) and THE BANK OF NEW YORK, a New York banking corporation, as collateral agent for the Trustee (as defined below) and the Noteholders (as defined below) (in such capacity, together with its successors and assigns, if any, in such capacity, the “Noteholder Collateral Agent”). Revolving Loan Agent and Noteholder Collateral Agent are sometimes individually referred to herein as a “Creditor” and collectively as “Creditors.”
BOARD OF EDUCATION OF THE CITY OF NEW YORK EXTENSION AND THIRTEENTH AMENDMENT OF CONTRACT FOR SPECIAL EDUCATION PUPIL TRANSPORTATION SERVICESContract for Special Education Pupil Transportation Services • June 29th, 2007 • Atlantic Express Transportation Corp • Local & suburban transit & interurban hwy passenger trans
Extension and Thirteenth Amendment Agreement made and entered into on the date expressed at the end hereof by and between the BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK (hereinafter expressed as “Board of Education,” “Board” or “BOE”)1, with principal headquarters located at 52 Chambers Street, New York, NY 10007, and the Contractor whose name, address and authorized signature appear at the end hereof (hereinafter expressed as “Contractor”).
