AMENDED AND RESTATED CREDIT AGREEMENT DATED AS OF MARCH 16, 2004 AMONG MIDAS INTERNATIONAL CORPORATION, AND THE OTHER BORROWERS SIGNATORY HERETO, THE LENDERS, BANK ONE, NA, AS AGENT, NATIONAL CITY BANK OF MICHIGAN/ILLINOIS, AS SYNDICATION AGENT AND...Credit Agreement • March 18th, 2004 • Midas Inc • Wholesale-motor vehicles & motor vehicle parts & supplies • Illinois
This Amended and Restated Credit Agreement, dated as of March 16, 2004, is among Midas International Corporation, a Delaware corporation, Dealers Wholesale, Inc., a Delaware corporation, International Parts Corporation, a Delaware corporation, Muffler Corporation of America, an Illinois corporation, Huth, Inc., a Delaware corporation, Midas Properties Inc., a New York corporation, Midas Realty Corporation, a Delaware corporation, Cosmic Holdings LLC, a Delaware limited liability company, and Cosmic Holdings Corporation, a Delaware corporation (each, a “Borrower” and collectively, the “Borrowers”), the Lenders and Bank One, NA, a national banking association having its principal office in Chicago, Illinois, as LC Issuer, Swing Line Lender and as Agent. The parties hereto agree as follows:
AMENDED AND RESTATED GUARANTYGuaranty • March 18th, 2004 • Midas Inc • Wholesale-motor vehicles & motor vehicle parts & supplies • Illinois
THIS AMENDED AND RESTATED GUARANTY (as it may be amended or modified from time to time, this “Guaranty”) is made as of the 16th day of March, 2004 by Midas Illinois Inc, an Illinois corporation; Progressive Automotive Systems, Inc., a Delaware corporation, Midas International Corporation, a Wyoming corporation; Parts Warehouse, Inc., a Delaware corporation (each a “Subsidiary Guarantor” and collectively, the “Subsidiary Guarantors”) and Midas, Inc., a Delaware corporation (the “Parent” and together with the Subsidiary Guarantors, each a “Guarantor” and collectively, the “Guarantors”) in favor of Bank One, NA, as Agent (in such capacity, the “Agent”), for the benefit of the Lenders, under the Credit Agreement referred to below, as Swing Line Lender and as LC Issuer.
AMENDED AND RESTATED SECURITY AGREEMENTSecurity Agreement • March 18th, 2004 • Midas Inc • Wholesale-motor vehicles & motor vehicle parts & supplies • Illinois
THIS AMENDED AND RESTATED SECURITY AGREEMENT is entered into as of March 16, 2004 by and among the entities which are listed on the signature pages hereof as debtors (each, a “Debtor” and collectively, the “Debtors”), and Bank One, NA, a national banking association having its principal office in Chicago, Illinois, in its capacity as agent (the “Agent”) for the Lenders party to the Credit Agreement referred to below, as Swing Line Lender and as LC Issuer.
AMENDED AND RESTATED PLEDGE AND SECURITY AGREEMENTPledge and Security Agreement • March 18th, 2004 • Midas Inc • Wholesale-motor vehicles & motor vehicle parts & supplies • Illinois
AMENDED AND RESTATED PLEDGE AND SECURITY AGREEMENT dated as of March 16, 2004 (this “Agreement”), is entered into among Midas, Inc., a Delaware corporation (the “Parent”), and each of Parent’s Subsidiaries identified on the signature pages hereof (such Subsidiaries, together with Parent, are referred to hereinafter each individually as a “Pledgor” and collectively as the “Pledgors”), in favor of Bank One, NA, as agent (in such capacity, the “Agent”) for the Lenders party to the Credit Agreement referred to below, as Swing Line Lender and as LC Issuer.
