ContractWarrant Agreement • March 22nd, 2022 • FreightCar America, Inc. • Railroad equipment
THIS WARRANT AND THE UNDERLYING SECURITIES HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR UNDER THE SECURITIES LAWS OF APPLICABLE STATES. THESE SECURITIES ARE SUBJECT TO RESTRICTIONS ON TRANSFERABILITY AND RESALE AND MAY NOT BE TRANSFERRED OR RESOLD EXCEPT AS PERMITTED UNDER THE ACT AND APPLICABLE STATE SECURITIES LAWS, PURSUANT TO REGISTRATION UNDER SUCH LAWS OR AN EXEMPTION FROM SUCH REGISTRATION REQUIREMENT.
AMENDMENT NO. 4 TO CREDIT AGREEMENTCredit Agreement • March 22nd, 2022 • FreightCar America, Inc. • Railroad equipment • New York
THIS AMENDMENT NO. 4 TO CREDIT AGREEMENT (this “Amendment”), dated as of December 30, 2021, is made by and among FREIGHTCAR NORTH AMERICA, LLC, a Delaware limited liability company (the “Borrower”), FREIGHTCAR AMERICA, INC., a Delaware corporation (“Holdings”), the other Loan Parties party hereto, the Lenders and LC Provider party hereto and U.S. BANK NATIONAL ASSOCIATION, as disbursing agent for the Lenders (together with its permitted successors and assigns in such capacity, the “Disbursing Agent”) and as collateral agent for the Secured Parties (together with its successors and permitted assigns in such capacity, the “Collateral Agent”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • March 22nd, 2022 • FreightCar America, Inc. • Railroad equipment
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is dated as of December 30, 2021 (the “Effective Date”), by and between FreightCar America, Inc., a Delaware corporation (the “Company”), and CO Finance LVS VI LLC, a Delaware limited liability company (the “Investor”).
WARRANT ACQUISITION AGREEMENT by and among CO FINANCE LVS VI LLC and freightcar america, inc., Dated as of December 30, 2021Warrant Acquisition Agreement • March 22nd, 2022 • FreightCar America, Inc. • Railroad equipment • New York
This WARRANT ACQUISITION AGREEMENT (this “Agreement”) is dated as of December 30, 2021 (the “Effective Date”) by and between FreightCar America, Inc., a Delaware corporation (the “Company”) and CO Finance LVS VI LLC, a Delaware limited liability company (the “Investor”).
FORBEARANCE AND SETTLEMENT AGREEMENTForbearance and Settlement Agreement • March 22nd, 2022 • FreightCar America, Inc. • Railroad equipment • New York
THIS FORBEARANCE AND SETTLEMENT AGREEMENT (this “Agreement”), dated as of December 28, 2021 (the “Effective Date”), is made by and among FREIGHTCAR AMERICA LEASING 1, LLC, a Delaware limited liability company (the “Borrower”), FREIGHTCAR AMERICA LEASING, LLC, a Delaware limited liability company (the “Guarantor”), FREIGHTCAR AMERICA, INC., a Delaware corporation (“FCA”), FREIGHTCAR AMERICA RAILCAR MANAGEMENT, LLC, a Delaware limited liability company (“FCA Management”) and MANUFACTURERS AND TRADERS TRUST COMPANY (a/k/a M&T BANK), a New York banking corporation (the “Lender”).
