AMENDED AND RESTATED INTERCREDITOR AND SUBORDINATION AGREEMENTIntercreditor and Subordination Agreement • April 22nd, 2002 • Miller Industries Inc /Tn/ • Truck & bus bodies • Georgia
THIS AMENDED AND RESTATED INTERCREDITOR AND SUBORDINATION AGREEMENT (this “Agreement”), dated as of the 12th day of April, 2002, is by and among THE CIT GROUP/BUSINESS CREDIT, INC., in its capacity as Collateral Agent for the Senior Lenders under the below-described Senior Credit Agreement (the “Senior Agent”), BANK OF AMERICA, N.A., in its capacity as Existing Titled Collateral Agent for the Senior Lenders under the below-described Senior Credit Agreement (the “Senior Existing Titled Collateral Agent”; the Senior Agent and the Senior Existing Titled Collateral Agent, collectively, the “Senior Agents”), and BANK OF AMERICA, N.A., in its capacity as agent for the Junior Lenders under the below-described Junior Credit Agreement (the “Junior Agent”).
AMENDMENT NO. 1 TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • April 22nd, 2002 • Miller Industries Inc /Tn/ • Truck & bus bodies
THIS AMENDMENT NO. 1 TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment Agreement”) is made and entered into as of the 12th day of April, 2002, by and amongMILLER INDUSTRIES, INC., a Tennessee corporation (“Miller”), and MILLER INDUSTRIES TOWING EQUIPMENT INC., a Delaware corporation and wholly owned subsidiary of Miller (“Miller Towing”) (Miller and Miller Towing may be referred to herein individually as a “Borrower” and together as the “Borrowers”), EACH OF THE GUARANTORS SIGNATORY HERETO (the “Guarantors”), BANK OF AMERICA, N.A., a national banking association organized and existing under the laws of the United States, as agent (“Agent”) for the Lenders under the Credit Agreement (as defined below), and the Lenders. Unless the context otherwise requires, all capitalized terms used herein without definition shall have the definitions provided therefor in the Credit Agreement.
FORBEARANCE AGREEMENT AND FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • April 22nd, 2002 • Miller Industries Inc /Tn/ • Truck & bus bodies • Georgia
THIS FORBEARANCE AGREEMENT AND FIRST AMENDMENT TO CREDIT AGREEMENT (the “Agreement”) is made and entered into as of this 28th day of February, 2002, among Miller Industries, Inc., a Tennessee corporation (“Parent”), and each of the other Subsidiaries of Parent listed on the signature page hereto (together with Parent, collectively, “Borrowers”), the Lenders party to this Agreement (the “Lenders”), The CIT Group/Business Credit, Inc., as Collateral Agent, and BANK OF AMERICA, N.A., as Administrative Agent, Syndication Agent, Existing Titled Collateral Agent and Letter of Credit Issuer (in such capacity, together with the Collateral Agent, the “Agents”).
SECOND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • April 22nd, 2002 • Miller Industries Inc /Tn/ • Truck & bus bodies • Georgia
THIS SECOND AMENDMENT TO CREDIT AGREEMENT (the “Amendment”) is made and entered into as of this 12th day of April, 2002, among Miller Industries, Inc., a Tennessee corporation (“Parent”), and each of the other Subsidiaries of Parent listed on the signature page hereto (together with Parent, collectively, “Borrowers”), the Lenders party to this Amendment (the “Lenders”), The CIT Group/Business Credit, Inc., as Collateral Agent, and BANK OF AMERICA, N.A., as Administrative Agent, Syndication Agent, Existing Titled Collateral Agent and Letter of Credit Issuer (in such capacity, together with the Collateral Agent, the “Agents”).
