AMENDMENT NO. 1 AND JOINDER AGREEMENT TO TERM LOAN AND SECURITY AGREEMENTTerm Loan and Security Agreement • November 29th, 2022 • DXP Enterprises Inc • Wholesale-industrial machinery & equipment • New York
THIS TERM LOAN AND SECURITY AGREEMENT is dated as of December 23, 2020 (this “Agreement”), among DXP ENTERPRISES, INC., a Texas corporation (the “Borrower”), the other Persons party to this Agreement from time to time as Guarantors (as defined herein), the financial institutions party to this Agreement from time to time as Lenders, GOLDMAN SACHS BANK USA, as administrative agent for the Lenders and collateral agent for the Secured Parties, GOLDMAN SACHS BANK USA, BofA SECURITIES, INC. and BMO CAPITAL MARKETS CORP. as joint lead arrangers and joint bookrunners, STEPHENS INC., as Manager, and GOLDMAN SACHS BANK USA, as sole syndication agent (in such capacity, the “Syndication Agent”).
FIRST AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 29th, 2022 • DXP Enterprises Inc • Wholesale-industrial machinery & equipment • New York
THIS FIRST AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT, dated as of November 22, 2022 (this “Amendment”), by and among the Lenders party hereto, DXP ENTERPRISES, INC., a Texas corporation (the “Company”), DXP HOLDINGS, INC., a Texas corporation (“DXP Holdings”), APO PUMPS & COMPRESSORS, LLC, a Delaware limited liability company, (“APO”), TOTAL EQUIPMENT COMPANY, a Pennsylvania corporation (“Total”), CARTER & VERPLANCK, LLC, a Florida limited liability company (“Carter”), CISCO AIR SYSTEMS, INC., a California corporation (“Cisco”, together with the Company, DXP Holdings, APO, Total and Charter, the “U.S. Borrowers”), DXP CANADA ENTERPRISES LTD., a corporation organized under the laws of British Columbia, Canada, (“DXP Canada”), INDUSTRIAL PARAMEDIC SERVICES LTD., a corporation amalgamated under the laws of Alberta, Canada (“IPS”), HSE INTEGRATED LTD., a corporation amalgamated under the laws of Alberta, Canada (“HSE”) and NATIONAL PROCESS EQUIPMENT INC., a corporation
