SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT Dated as of January 8, 2010 among THE FINANCIAL INSTITUTIONS NAMED HEREIN, as the Lenders, BANK OF AMERICA, N.A., as Administrative Agent, WACHOVIA BANK, NATIONAL ASSOCIATION, as Collateral Agent...Loan and Security Agreement • January 12th, 2010 • Ahern Rentals Inc • Services-equipment rental & leasing, nec • New York
This Second Amended and Restated Loan and Security Agreement, dated as of January 8, 2010, is among the lending institutions from time to time party hereto as Lenders (as hereinafter defined), Bank of America, N.A. (“BofA”), as administrative agent for the Lenders (in such capacity, the “Administrative Agent”), Wachovia Bank, National Association (“Wachovia”), as collateral agent for the Lenders (in such capacity, the “Collateral Agent”), Ahern Rentals, Inc. (“Ahern”), each of its subsidiaries party from time to time hereto that becomes a borrower hereunder with the prior written consent of all the Revolving Lenders (such subsidiaries, together with Ahern, are referred to hereinafter each individually as a “Borrower” and collectively as the “Borrowers”) and each of the other Obligated Parties (as hereinafter defined) signatory to this Agreement.
