FIRST AMENDMENT TO THIRD AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 17th, 2004 • American Tire Distributors Inc • Wholesale-motor vehicle supplies & new parts • New York
THIS FIRST AMENDMENT TO THIRD AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Amendment”) is made and entered into this 2nd day of April, 2004, by and among AMERICAN TIRE DISTRIBUTORS, INC., a Delaware corporation (“American Tire”), THE SPEED MERCHANT, INC., a California corporation (“Speed Merchant”), T.O. HAAS HOLDING CO., INC., a Nebraska corporation (“Haas Holding”), T.O. HAAS TIRE COMPANY, INC., a Nebraska corporation (“Haas Tire”; American Tire, Speed Merchant, Haas Holding and Haas Tire are collectively referred to herein as “Borrowers” and individually as a “Borrower”), the various financial institutions listed on the signature pages hereto (“Lenders”), WACHOVIA BANK, NATIONAL ASSOCIATION, as syndication agent (together with its successors in such capacity, “Syndication Agent”), THE CIT GROUP/BUSINESS CREDIT, INC., as documentation agent (together with its successors in such capacity, “Documentation Agent”), and FLEET CAPITAL CORPORATION, as administrative and collatera
