ADDENDUM TO WHOLESALE SECURITY AGREEMENTWholesale Security Agreement • September 23rd, 2005 • Rush Enterprises Inc \Tx\ • Retail-auto dealers & gasoline stations
This Addendum is by and between General Electric Capital Corporation (“Secured Party”) and each of the below signed debtors (individually a “Debtor” and collectively the “Debtors”) and shall modify, be attached to and specifically incorporated into that certain Wholesale Security Agreement dated September 20, 2005 (as amended, the “Security Agreement”).
AGREEMENT AMENDING THE WHOLESALE SECURITYWholesale Security Agreement • September 23rd, 2005 • Rush Enterprises Inc \Tx\ • Retail-auto dealers & gasoline stations
This is an Agreement Amending the Wholesale Security Agreement and Conditionally Authorizing the Sale of Collateral on a Delayed Payment Privilege Basis (the “Agreement”) made and executed by and between the undersigned Debtors (“Debtors”) and General Electric Capital Corporation (“GE Capital”), to effective as of September 20, 2005 (the “Effective Date”).
CONTINUING GUARANTYContinuing Guaranty • September 23rd, 2005 • Rush Enterprises Inc \Tx\ • Retail-auto dealers & gasoline stations
For Valuable Consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned, for themselves, their successors and assigns (“Guarantor”) jointly and severally and in solido, hereby unconditionally guarantee to General Electric Capital Corporation and its successors, endorsees and assigns, (collectively called “GE Capital”) that each of Rush Truck Centers of Alabama, Inc.; Rush Truck Centers of Arizona, Inc.; Rush Truck Centers of California, Inc.; Rush Truck Centers of Colorado, Inc.; Rush Truck Centers of Florida, Inc.; Rush Truck Centers of New Mexico, Inc.; Rush Truck Centers of Oklahoma, Inc.; Rush Truck Centers of Tennessee, Inc. and Rush Truck Centers of Texas, LP (individually and collectively the “Company”); shall promptly and fully pay all of its present and future liabilities, obligations and indebtedness to GE Capital, matured or unmatured, which represent advances to the Company by GE Capital pursuant to that certain Wholesale Security Agreement
WHOLESALE SECURITY AGREEMENTWholesale Security Agreement • September 23rd, 2005 • Rush Enterprises Inc \Tx\ • Retail-auto dealers & gasoline stations • Texas
Description of Inventory: All present and future inventory, including trucks, trailers, chassis and glider kits, financed by Secured Party. For purposes hereof, inventory financed by Secured Party shall mean (i) any inventory for which Secured Party has made an advance to or on behalf of a Debtor to allow a Debtor to acquire or retain any rights therein (including payments to the seller thereof) or (ii) for which Secured Party has made an advance to, and at the request of, a Debtor secured by specific items of inventory, and for which there is any money owing to Secured Party in respect thereof.
