0000950170-23-010051 Sample Contracts

AMENDMENT NO. 1 TO CREDIT AGREEMENT
Credit Agreement • March 27th, 2023 • FreightCar America, Inc. • Railroad equipment

THIS AMENDMENT NO. 1 TO CREDIT AGREEMENT (this “Amendment”) is entered into as of January 30, 2021, by and among FreightCar North America, LLC, a Delaware limited liability company (the “Borrower”), FreightCar America, Inc., a Delaware corporation (“Holdings”), and the Lender party hereto (the “Lender”).

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EXECUTION VERSION AMENDMENT NO. 6 TO CREDIT AGREEMENT
Credit Agreement • March 27th, 2023 • FreightCar America, Inc. • Railroad equipment • New York

as of January 30, 2023, 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 party hereto, and the LC Provider party hereto.

SECURITIES PURCHASE AGREEMENT among FREIGHTCAR AMERICA, INC. and THE PURCHASER PARTY HERETO March 23, 2023
Securities Purchase Agreement • March 27th, 2023 • FreightCar America, Inc. • Railroad equipment • Delaware

This SECURITIES PURCHASE AGREEMENT, dated as of March 23, 2023 (this “Agreement”), is entered into by and among FreightCar America, Inc., a Delaware corporation (the “Company”), and the purchaser set forth in Schedule A hereto (the “Purchaser” and, collectively with the Company, the “Parties”, and each, a “Party”).

AMENDMENT NO. 1 TO AMENDED AND RESTATED REIMBURSEMENT AGREEMENT
Reimbursement Agreement • March 27th, 2023 • FreightCar America, Inc. • Railroad equipment • New York

THIS AMENDMENT NO. 1 TO AMENDED AND RESTATED REIMBURSEMENT AGREEMENT (this “Amendment”), dated as of March 23, 2023, is made by and among FREIGHTCAR AMERICA, INC., a Delaware corporation (“Company”), CO FINANCE LVS VI LLC, a Delaware limited liability company ( “LC Provider”), U.S. BANK, NATIONAL ASSOCIATION (“Disbursing Agent”), and ALTER DOMUS (US) LLC, as calculation agent for LC Provider (in such capacity, “Calculation Agent”, and together with the Disbursing Agent, the “Agents” and each, an “Agent”).

AMENDMENT NO. 8 TO CREDIT AGREEMENT
Credit Agreement • March 27th, 2023 • FreightCar America, Inc. • Railroad equipment • New York

THIS AMENDMENT NO. 8 TO CREDIT AGREEMENT (this “Amendment”), dated as of March 23, 2023, 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 party hereto, the LC Provider and U.S. Bank National Association, as disbursing agent (the “Disbursing Agent”).

AMENDMENT NO. 7 TO CREDIT AGREEMENT
Credit Agreement • March 27th, 2023 • FreightCar America, Inc. • Railroad equipment • New York

as of February 27, 2023, 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 party hereto, and the LC Provider party hereto.

SECOND AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • March 27th, 2023 • FreightCar America, Inc. • Railroad equipment • New York

THIS SECOND AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Amendment”), dated as of November 22, 2022, is entered into by and among JAC Operations, Inc., a Delaware corporation (“JAC”), Freight Car Services, Inc., a Delaware corporation (“Freight”), JAIX Leasing Company, a Delaware corporation (“JAIX”), FreightCar Short Line, Inc., a Delaware corporation (“Short”), Johnstown America, LLC, a Delaware limited liability company (“Johnstown”), FreightCar Alabama, LLC, a Delaware limited liability company (“Alabama”), FreightCar Rail Services, LLC, a Delaware limited liability company (“Rail”), FreightCar Rail Management Services, LLC, a Delaware limited liability company (“Management”), FreightCar North America, LLC, a Delaware limited liability company (“FCNA”), FCA-Fasemex, LLC, a Delaware limited liability company (“FCA” and, together with JAC, Freight, JAIX, Short, Johnstown, Alabama, Rail, Management, FCNA, and any other Person who from time to time becomes a Bor

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