GUARANTYGuaranty • September 11th, 2006 • Thomas Equipment, Inc. • Construction machinery & equip • New York
Each Borrower, as a debtor under an insolvency proceeding commenced in the Commercial Division of the Superior Court of the Province of Quebec, District of Montreal, under the Companies' Creditors Arrangement Act R.S.C. 1985, c. C-36 (the "CCAA"), and each of which is continuing to operate its business and manage its properties pursuant to the provisions of the CCAA, has requested that GREYSTONE BUSINESS CREDIT II LLC ("Lender") provide certain financial accommodations to such Borrower pursuant to the terms of a Loan and Security Agreement between such Borrower and Lender, each dated of even date herewith (as amended from time to time, the "Loan Agreements" and each individually a "Loan Agreement"). As one of the conditions to providing financing to each Borrower, Lender has required that Guarantor, also a debtor under an insolvency proceeding commenced in the Commercial Division of the Superior Court of the Province of Quebec, District of Montreal, under the CCAA and continuing to ope
Loan and Security AgreementLoan and Security Agreement • September 11th, 2006 • Thomas Equipment, Inc. • Construction machinery & equip • New York
This Loan and Security Agreement (as it may be amended, this "Agreement") is entered into on September 7, 2006, between Greystone Business Credit II LLC ("Lender"), a Delaware limited liability company having an address at 152 West 57th Street, 60th Floor, New York, New York 10019 and Pneutech Inc. ("Borrower"), a corporation organized under the laws of Canada whose principal office is located at 1475 32nd Avenue, Lachine, Quebec, Canada H8T 3J1 ("Borrower's Address"), as debtor under an insolvency proceeding commenced in the Commercial Division of the Superior Court of the Province of Quebec, District of Montreal, under the Companies' Creditors Arrangement Act R.S.C. 1985, c. C-36. The Schedules to this Agreement are an integral part of this Agreement and are incorporated herein by reference. Terms used, but not defined elsewhere, in this Agreement are defined in Schedule B.
