10,350,000] Common Shares TEXTAINER GROUP HOLDINGS LIMITED UNDERWRITING AGREEMENTUnderwriting Agreement • October 5th, 2007 • Textainer Group Holdings LTD • Services-equipment rental & leasing, nec • New York
Re: Amendments to Textainer Credit AgreementCredit Agreement • October 5th, 2007 • Textainer Group Holdings LTD • Services-equipment rental & leasing, nec • New York
Reference is hereby made to the Third Amended and Restated Credit Agreement, dated as of January 31, 2007 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among Textainer Limited (“TL”), Textainer Group Holdings Limited (“TGH”), the financial institutions therein named as Banks, and Bank of America, N.A. (as successor to Fleet National Bank), as agent (in such capacity, the “Agent”) and as issuing bank. Capitalized terms used and not otherwise defined herein have the meanings given to such terms in the Credit Agreement.
THIRD AMENDED AND RESTATED CREDIT AGREEMENT By and Among TEXTAINER LIMITED TEXTAINER GROUP HOLDINGS LIMITED The BANKS herein named as the BANKS BANK OF AMERICA, N.A., as Agent And BANC OF AMERICA SECURITIES LLC, As Sole Lead Arranger and Sole Book...Credit Agreement • October 5th, 2007 • Textainer Group Holdings LTD • Services-equipment rental & leasing, nec • New York
THIS THIRD AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”), dated as of January 31, 2007, is entered into among TEXTAINER LIMITED, a Bermuda company, as borrower (the “Borrower”), TEXTAINER GROUP HOLDINGS LIMITED, a Bermuda company, as guarantor (“TGH” or the “Guarantor”), BANK OF AMERICA, N.A., as successor to Fleet National Bank (“BoA”), FORTIS CAPITAL CORP., a Connecticut corporation (“Fortis”), WELLS FARGO BANK, N.A., a national banking association (“Wells”), and each other financial institution which may hereafter execute and deliver an instrument of assignment with respect to this Agreement pursuant to Section 11.11 or otherwise become a party to this Agreement (any one individually, a “Bank”, and collectively, “Banks”), as lenders, BANC OF AMERICA SECURITIES LLC, as Sole Lead Arranger and Sole Book Manager (“BAS”), and BoA, as agent on behalf of Banks (“Agent”).
AMENDMENT NUMBER 2 TO THE THIRD AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • October 5th, 2007 • Textainer Group Holdings LTD • Services-equipment rental & leasing, nec • New York
This AMENDMENT NUMBER 2, dated as of September 27, 2007 (this “Amendment”) to the Third Amended and Restated Credit Agreement, dated as of January 31, 2007 (as amended, restated, supplemented or otherwise modified from time to time, including as of September 6, 2007, the “Credit Agreement;”), each entered into by and among TEXTAINER LIMITED, a company with limited liability organized under the laws of Bermuda, as borrower (together with its successors and permitted assigns, the “Borrower”), TEXTAINER GROUP HOLDINGS LIMITED, a company with limited liability organized under the laws of Bermuda, as guarantor (together with its successors and permitted assigns, “TGH”), BANK OF AMERICA, N.A. (“B of A”), FORTIS CAPITAL CORP. (as assignee of Fortis Bank (Nederland) N.V.) (“Fortis”), WELLS FARGO BANK, NATIONAL ASSOCIATION (“Wells”) (each of B of A, Fortis and Wells, a “Bank” and collectively, the “Banks”), and B of A, as agent on behalf of the Banks (not in its individual capacity, but solely
