CREDIT AGREEMENT Dated as of November 24, 2010 by and among CC BIDDING CORP. (which will change its name to Coast Crane Company following the Closing Date), as the Borrower, CC ACQUISITION HOLDING CORP., as Guarantor THE OTHER PERSONS PARTY HERETO...Credit Agreement • March 16th, 2011 • Essex Rental Corp. • Services-miscellaneous equipment rental & leasing • New York
This CREDIT AGREEMENT (including all exhibits and schedules hereto, as the same may be amended, modified and/or restated from time to time, this “Agreement”) is entered into as of November 24, 2010, by and among CC Bidding Corp., a Delaware corporation (which will change its name to Coast Crane Company following the Closing Date) (the “Borrower”), CC Acquisition Holding Corp., a Delaware corporation (“Holdings”), the other Persons party hereto that are designated as a “Credit Party”, General Electric Capital Corporation, a Delaware corporation (in its individual capacity, “GE Capital”), as Agent for the several financial institutions from time to time party to this Agreement (collectively, the “Lenders” and individually each a “Lender”) and for itself as a Lender (including as Swingline Lender), and such Lenders.
ESSEX RENTAL CORP. SUBSCRIPTION AGREEMENTSubscription Agreement • March 16th, 2011 • Essex Rental Corp. • Services-miscellaneous equipment rental & leasing • New York
Subject to the terms and conditions of this Subscription Agreement (the “Agreement”) the undersigned subscriber (the “Subscriber”) confirms its subscription for the purchase of common stock (“Common Stock”), par value $0.0001 per share, of Essex Rental Corp., a Delaware corporation (the “Company”).
AGREEMENTAgreement • March 16th, 2011 • Essex Rental Corp. • Services-miscellaneous equipment rental & leasing • New York
This AGREEMENT (the “Agreement”), dated as of November 5, 2010, is made by and between Knott Partners, L.P., Shoshone Partners, L.P., Mulsanne Partners, L.P., Knott Coast Trust, Knott Partners Offshore Master Fund, L.P. and Knott Partners Offshore (SRI) Fund Limited (each a “Knott Party” and collectively the “Knott Parties”), and ESSEX RENTAL CORP., a Delaware corporation (“Essex”).
PROMISSORY NOTEEssex Rental Corp. • March 16th, 2011 • Services-miscellaneous equipment rental & leasing
FOR VALUE RECEIVED, pursuant to the terms of this Promissory Note (the “Promissory Note”), Essex Rental Corp. (the “Maker”) promises to pay to the order of [_____________] (the “Holder”) at the Holder’s address set forth in Section 18 hereof or at the Holder’s option, at such other place as may be designated, in writing, from time to time by the Holder, the principal sum of [_________________] dollars ($[_______]), together with interest, in lawful money of the United States of America, payable as provided below.
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • March 16th, 2011 • Essex Rental Corp. • Services-miscellaneous equipment rental & leasing • New York
This Registration Rights Agreement (this “Agreement”) is made and entered into as of December 22, 2010, by Essex Rental Corp., a Delaware corporation (the “Company”), with Kirtland Capital Company III LLC (“KCC”) and Kirtland Capital Partners III L.P. (“KCP” and, together with KCC, “Kirtland”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • March 16th, 2011 • Essex Rental Corp. • Services-miscellaneous equipment rental & leasing • New York
This Registration Rights Agreement (this “Agreement”) is made and entered into as of November 24, 2010, by Essex Rental Corp., a Delaware corporation (the “Company”), and each of the investors signatory hereto (each an “Investor” and collectively the “Investors”).
