AFFILIATE GUARANTY [US AFFILIATE]Affiliate Guaranty • July 1st, 2004 • Lancer Corp /Tx/ • Air-cond & warm air heatg equip & comm & indl refrig equip • Texas
This Affiliate Guaranty (the “Guaranty”) is made as of the 30th day of June, 2004 by ADVANCED BEVERAGE SOLUTIONS, LLC, a limited liability company organized under the laws of the State of Illinois (the “Guarantor”), in favor of THE FROST NATIONAL BANK, a national banking association and its successors and assigns, as agent (the “Agent”) for the equal and ratable benefit of the banks and other financial institutions listed on the signature pages of and any other bank or financial institution that may hereafter become a party to the hereinafter described Credit Agreement in accordance with the terms thereof (hereinafter collectively referred to as the “Banks”).
SECURITY AGREEMENTSecurity Agreement • July 1st, 2004 • Lancer Corp /Tx/ • Air-cond & warm air heatg equip & comm & indl refrig equip • Texas
THIS SECURITY AGREEMENT (as amended, supplemented, amended and restated or otherwise modified from time to time, this “Security Agreement”), dated as of June 30, 2004, is made by ADVANCED BEVERAGE SOLUTIONS, an Illinois limited liability company (“Grantor”) whose principal place of business and chief executive office (as those terms are used in the U.C.C.) is located at 100 North Gary Avenue, Suite C, Roselle, Illinois, 60172, whose Illinois Secretary of State organizational number is 0038507-7 and whose tax identification number is 74-2948167, in favor of THE FROST NATIONAL BANK, a national banking association, as agent (in such capacity, the “Agent”) for each of the Banks under the Credit Agreement (as defined below).
AMENDMENT TO SECURITY AGREEMENTSecurity Agreement • July 1st, 2004 • Lancer Corp /Tx/ • Air-cond & warm air heatg equip & comm & indl refrig equip
THIS AMENDMENT TO SECURITY AGREEMENT (this “Amendment”), dated as of June 30, 2004, is made by (“Grantor”) whose principal place of business and chief executive office (as those terms are used in the U.C.C.) is located at 6655 Lancer Boulevard, San Antonio, Texas 78219, whose Texas Secretary of State organizational number is 0008853010 and whose tax identification number is , in favor of THE FROST NATIONAL BANK, a national banking association, as agent (in such capacity, the “Agent”) for each of the Banks under the Credit Agreement (as defined below).
AMENDED AND RESTATED CREDIT AGREEMENT by and amongCredit Agreement • July 1st, 2004 • Lancer Corp /Tx/ • Air-cond & warm air heatg equip & comm & indl refrig equip • Texas
THIS AMENDED AND RESTATED CREDIT AGREEMENT ( this “Agreement”) is made and entered into as of the 30th day of June, 2004, among LANCER PARTNERSHIP, LTD., a Texas limited partnership (“Operating Subsidiary”), and LANCER DE MEXICO, S.A. de C.V., formerly known as NUEVA DISTRIBUIDORA LANCERMEX, S.A. de C.V., a sociedad anónima de capital variable organized under the laws of the United Mexican States (“Mexico Subsidiary”) (Operating Subsidiary and Mexico Subsidiary are hereinafter referred to individually as a “Borrower” and collectively as “Borrowers”); LANCER CORPORATION, a Texas corporation (“Parent Company”), LANCER CAPITAL CORPORATION, a Delaware corporation (“Lancer Capital”), LANCER INTERNATIONAL SALES, INC., a Texas corporation, (“Lancer International”), ADVANCED BEVERAGE SOLUTIONS, LLC, an Illinois limited liability company (“ABS”), SERVICIOS LANCERMEX, S.A. de C.V., a sociedad anónima de capital variable organized under the laws of the United Mexican States (“Servicios Lancermex”
