CREDIT AND GUARANTEE AGREEMENT among SIRVA WORLDWIDE, INC., a Debtor and Debtor-in-Possession, as Borrower, SIRVA, INC., a Debtor and Debtor-in- Possession, as a Guarantor, THE OTHER GUARANTORS NAMED HEREIN, Each a Debtor and Debtor-in-Possession and...Credit and Guarantee Agreement • February 11th, 2008 • Sirva Inc • Trucking (no local) • New York
CREDIT AND GUARANTEE AGREEMENT (the “Agreement”), dated as of February 6, 2008, among (i) SIRVA WORLDWIDE, INC., a Delaware corporation (the “Borrower”), which is a debtor and debtor-in-possession in a case pending under Chapter 11 of the Bankruptcy Code, (ii) SIRVA, INC., a Delaware corporation (“Holding”), and each of the direct and indirect domestic Subsidiaries of Holding designated as a Guarantor on Schedule B hereto (such Subsidiaries, collectively with Holding, the “Guarantors” and together with the Borrower and Holding, the “Debtors” and each a “Debtor”), each of which Guarantors is a debtor and a debtor-in-possession in a case pending under Chapter 11 of the Bankruptcy Code (the cases of the Borrower and the Guarantors, each a “Case” and, collectively, the “Cases”), (iii) the several banks and other financial institutions from time to time parties to this Agreement (as further defined in subsection 1.1, the “Lenders”), and (iv) JPMORGAN CHASE BANK, N.A., (“JPMCB”), as administ
WAIVER UNDER SECOND AMENDED AND RESTATED PURCHASE AND SALE AGREEMENTWaiver Under • February 11th, 2008 • Sirva Inc • Trucking (no local) • Illinois
THIS WAIVER (this “Waiver”), dated as of February 5, 2008, is by and among SIRVA RELOCATION LLC, EXECUTIVE RELOCATION CORPORATION and SIRVA GLOBAL RELOCATION, INC. (collectively, the “Originators”); and SIRVA RELOCATION CREDIT, LLC (the “Buyer”).
WAIVER AND FIRST AMENDMENT TO THIRD AMENDED AND RESTATED RECEIVABLES SALE AGREEMENTReceivables Sale Agreement • February 11th, 2008 • Sirva Inc • Trucking (no local) • Illinois
THIS WAIVER AND FIRST AMENDMENT TO THIRD AMENDED AND RESTATED RECEIVABLES SALE AGREEMENT (this “Waiver and Amendment”), dated as of February 5, 2008, is entered into among SIRVA RELOCATION CREDIT, LLC (the “Seller”); SIRVA RELOCATION LLC (the “Master Servicer”); EXECUTIVE RELOCATION CORPORATION and SIRVA GLOBAL RELOCATION, INC. (each, a “Subservicer”); LASALLE BANK NATIONAL ASSOCIATION, GENERAL ELECTRIC CAPITAL CORPORATION, WELLS FARGO BANK, N.A. and CITIZENS BANK (collectively, the “Purchasers”); and LASALLE BANK NATIONAL ASSOCIATION, as agent for the Purchasers (in such capacity, the “Agent”). Capitalized terms used herein without definition shall have the meanings ascribed thereto in the “Receivables Sale Agreement” referred to below (as amended by this Waiver and Amendment) or the “Purchase Agreement” referred to below.
ACKNOWLEDGEMENT AND CONSENT (GUARANTY)Sirva Inc • February 11th, 2008 • Trucking (no local)
Reference is made to the Amended and Restated Guaranty dated as of December 22, 2006, executed by the undersigned in favor of SIRVA Relocation Credit, LLC (the “Guaranty”). The undersigned (i) consent and agree to the foregoing Waiver and Amendment, (ii) confirm that references in the Guaranty to the Receivables Sale Agreement shall be references to such agreement as amended and restated by the foregoing Waiver and Amendment, and (iii) confirm that the Guaranty is in full force and effect.
