SECOND AMENDMENT TO CREDIT AND SECURITY AGREEMENTCredit and Security Agreement • December 2nd, 2016 • Toro Co • Lawn & garden tractors & home lawn & gardens equip
THIS SECOND AMENDMENT TO CREDIT AND SECURITY AGREEMENT, dated as of November 29, 2016 (this “Amendment”), is entered into by and between RED IRON ACCEPTANCE, LLC, a Delaware limited liability company (“Borrower”), and TCF INVENTORY FINANCE, INC., a Minnesota corporation (“Lender”). Capitalized terms used herein and not otherwise defined shall have the meanings ascribed thereto in the Credit Agreement (as hereinafter defined).
FOURTH AMENDED AND RESTATED PROGRAM AND REPURCHASE AGREEMENTProgram and Repurchase Agreement • December 2nd, 2016 • Toro Co • Lawn & garden tractors & home lawn & gardens equip
This Fourth Amended and Restated Program and Repurchase Agreement (“Agreement”), dated as of November 29, 2016, is entered into by and between THE TORO COMPANY, a Delaware corporation (hereinafter “Seller”), and RED IRON ACCEPTANCE, LLC, a Delaware limited liability company (“Red Iron”), to set forth the terms and conditions under which Red Iron will continue to provide financing for certain dealers and distributors as set forth below. This Agreement amends and restates in its entirety that certain Third Amended and Restated Program and Repurchase Agreement dated as of June 30, 2016 and between Seller and Red Iron. In consideration of the matters and mutual agreements herein contained, Red Iron and Seller agree as follows:
THIRD AMENDMENT TO LIMITED LIABILITY COMPANY AGREEMENT OF RED IRON ACCEPTANCE, LLCLimited Liability Company Agreement • December 2nd, 2016 • Toro Co • Lawn & garden tractors & home lawn & gardens equip
THIS THIRD AMENDMENT TO LIMITED LIABILITY COMPANY AGREEMENT OF RED IRON ACCEPTANCE, LLC, dated as of November 29, 2016 (this “Amendment”), is entered into by and between RED IRON HOLDING CORPORATION, a Delaware corporation (“Toro Sub”), and TCFIF JOINT VENTURE I, LLC, a Minnesota limited liability company (“TCFIF Sub”). Capitalized terms used herein and not otherwise defined shall have the meanings ascribed thereto in the LLC Agreement (as hereinafter defined).
SECOND AMENDMENT TO AGREEMENT TO FORM JOINT VENTUREAgreement to Form Joint Venture • December 2nd, 2016 • Toro Co • Lawn & garden tractors & home lawn & gardens equip
THIS SECOND AMENDMENT TO AGREEMENT TO FORM JOINT VENTURE, dated as of November 29, 2016 (this “Amendment”), is entered into by and between THE TORO COMPANY, a Delaware corporation (“Toro”), and TCF INVENTORY FINANCE, INC., a Minnesota corporation (“TCFIF”). Capitalized terms used herein and not otherwise defined shall have the meanings ascribed thereto in the JV Agreement (as hereinafter defined).
