Re: Amendments to Credit AgreementCredit Agreement • May 24th, 2007 • Allied Holdings Inc • Trucking (no local)
Reference is hereby made to the Secured Super-Priority Debtor in Possession and Exit Credit and Guaranty Agreement, dated as of March 30, 2007 (the “Credit Agreement”), by and among Allied Holdings, Inc. (“Holdings”), Allied Systems, Ltd. (L.P.) (“Systems” and, together with Holdings, "Borrowers”), certain subsidiaries of Borrowers, the lenders party thereto from time to time, Goldman Sachs Credit Partners L.P., as Syndication Agent (“GSCP”), and The CIT Group/Business Credit, Inc., as Administrative Agent (“CIT”). Terms defined in the Credit Agreement are used herein as defined therein.
SEVERANCE AGREEMENT AND FULL RELEASESeverance Agreement • May 24th, 2007 • Allied Holdings Inc • Trucking (no local) • Georgia
This Severance Agreement and Full Release (“Agreement”) is made and entered into this 30th day of April 2007 (“Execution Date”) by and between Hugh E. Sawyer (“Executive”) and Allied Holdings, Inc., a Georgia corporation (“Company”).
EXHIBIT A SETTLEMENT AGREEMENTSettlement Agreement • May 24th, 2007 • Allied Holdings Inc • Trucking (no local) • New York
This Settlement Agreement (the “Settlement Agreement”) is entered into by and among (a) Allied Holdings, Inc. and its affiliates that are debtors and debtors in possession (collectively, the “Debtors”), (b) Yucaipa American Alliance Fund I, LP and Yucaipa American Alliance (Parallel) Fund I, LP (collectively, “Yucaipa”), (c) the Official Committee of Unsecured Creditors in the Bankruptcy Cases (the “Creditors’ Committee”), (d) Sopris Capital Advisors, LLC, Aspen Advisors LLC and Armory Advisors LLC (collectively, the “Equity Holders”), (e) Andrews & Kurth LLP, (f) Sonnenschein Nath & Rosenthal LLP, (g) Kilpatrick Stockton LLP and (h) Jefferies & Company, Inc. The entities listed in (a) through (d) of this introductory paragraph are collectively referred to herein as the “Parties” and individually as a “Party.”
LOAN AND SECURITY AGREEMENT AND GUARANTY dated as of April 5, 2007 among ALLIED SYSTEMS, Ltd. (L.P.), a Georgia limited partnership and a debtor and debtor in possession under Chapter 11 of the Bankruptcy Code. as “Borrower” ALLIED HOLDINGS, INC., a...Loan and Security Agreement • May 24th, 2007 • Allied Holdings Inc • Trucking (no local) • New York
This LOAN AND SECURITY AGREEMENT AND GUARANTY is entered into as of April 5, 2007 (this “Agreement”), by and among ALLIED SYSTEMS, LTD. (L.P.), a Georgia limited partnership and a debtor and debtor in possession under Chapter 11 of the Bankruptcy Code (“Borrower”), ALLIED HOLDINGS, INC., a Georgia corporation and a debtor and debtor in possession under Chapter 11 of the Bankruptcy Code (“Holdings”), THE OTHER SUBSIDIARIES (AS DEFINED BELOW) OF HOLDINGS PARTY HERETO (such Subsidiaries, together with any future Subsidiaries of Holdings, the “Subsidiary Guarantors”, and together with Borrower and Holdings, collectively, the “Loan Parties”, and individually, a “Loan Party”), and YUCAIPA TRANSPORTATION, LLC, a Delaware limited liability company (“Lender”).
SECURED SUPER-PRIORITY DEBTOR IN POSSESSION AND EXIT CREDIT AND GUARANTY AGREEMENT dated as of March 30, 2007 among ALLIED HOLDINGS, INC. and ALLIED SYSTEMS, LTD. (L.P.), as Borrowers CERTAIN SUBSIDIARIES OF ALLIED HOLDINGS, INC. and ALLIED SYSTEMS,...Secured Super-Priority Debtor in Possession and Exit Credit and Guaranty Agreement • May 24th, 2007 • Allied Holdings Inc • Trucking (no local) • New York
This SECURED SUPER-PRIORITY DEBTOR IN POSSESSION AND EXIT CREDIT AND GUARANTY AGREEMENT, dated as of March 30, 2007, is entered into by and among ALLIED HOLDINGS, INC., a Georgia corporation and a debtor and debtor in possession under Chapter 11 of the Bankruptcy Code (as defined below) (“Holdings”), ALLIED SYSTEMS, LTD. (L.P.), a Georgia limited partnership and a debtor and debtor in possession under Chapter 11 of the Bankruptcy Code (“Systems” and, together with Holdings, the “Borrowers”), CERTAIN SUBSIDIARIES OF BORROWERS, as Subsidiary Guarantors, the Lenders party hereto from time to time, GOLDMAN SACHS CREDIT PARTNERS L.P. (“GSCP”), as Syndication Agent (in such capacity, “Syndication Agent”), and THE CIT GROUP/BUSINESS CREDIT, INC. (“CIT”), as Administrative Agent (together with its permitted successors in such capacity, “Administrative Agent”) and as Collateral Agent (together with its permitted successor in such capacity, “Collateral Agent”).
