LOAN AND SECURITY AGREEMENT by and among VELOCITY EXPRESS CORPORATION VELOCITY EXPRESS, INC. and VELOCITY EXPRESS LEASING, INC. (as Borrowers) and VXP MID- WEST, INC. VXP LEASING MID-WEST, INC. CD&L, INC. CLAYTON/NATIONAL COURIER SYSTEMS, INC. CLICK...Loan and Security Agreement • March 19th, 2009 • Velocity Express Corp • Air courier services • New York
LOAN AND SECURITY AGREEMENT, dated as of March 13, 2009, among VELOCITY EXPRESS CORPORATION, a corporation organized under the laws of the State of Delaware (“VEC”), VELOCITY EXPRESS, INC., a corporation organized under the laws of the State of Delaware (“VEI”), VELOCITY EXPRESS LEASING, INC., a corporation organized under the laws of the State of Delaware (“VEL”; and together with VEC and VEI, each a “Borrower” and collectively, the “Borrowers”), VXP MID-WEST, INC., a corporation organized under the laws of the State of Delaware (“VXPM”), VXP LEASING MID-WEST, INC., a corporation organized under the laws of the State of Delaware (“VXPL”), CD&L, INC., a corporation organized under the laws of the State of Delaware (“CDL”), CLAYTON/NATIONAL COURIER SYSTEMS, INC., a corporation organized under the laws of the State of Missouri (“CNCS”), CLICK MESSENGER SERVICE, INC., a corporation organized under the laws of the State of New Jersey (“CMS”), OLYMPIC COURIER SYSTEMS, INC., a corporation or
FIFTH SUPPLEMENTAL INDENTUREFifth Supplemental Indenture • March 19th, 2009 • Velocity Express Corp • Air courier services • New York
THIS FIFTH SUPPLEMENTAL INDENTURE (this “Fifth Supplemental Indenture”) dated as of March 13, 2009, among VELOCITY EXPRESS CORPORATION, a Delaware corporation (the “Company”), and WILMINGTON TRUST COMPANY, as successor to WELLS FARGO BANK, N.A. (the “Trustee”), to the INDENTURE, dated as of July 3, 2006, among the Company, the guarantors party thereto and the Trustee, pursuant to which the Company has issued and there remains outstanding $98,941,353.00 in aggregate principal amount of 12.0% Senior Secured Notes due 2010 (the “Notes”), as amended by the First Supplemental Indenture, dated as of August 17, 2006, the Second Supplemental Indenture, dated as of December 22, 2006, the Third Supplemental Indenture, dated as of July 25, 2007 and the Fourth Supplemental Indenture, dated as of May 19, 2008 as further amended as of June 19, 2008 (as so amended by the First Supplemental Indenture, the Second Supplemental Indenture, the Third Supplemental Indenture, and the Fourth Supplemental Inde
