FIFTH AMENDED AND RESTATED CREDIT AGREEMENT Dated as of May 28, 2010 Among THE FINANCIAL INSTITUTIONS PARTY HERETO, as the Lenders and BANK OF AMERICA, N.A., as Administrative Agent and Collateral Agent and GENERAL ELECTRIC CAPITAL CORPORATION, as...Credit Agreement • June 2nd, 2010 • American Tire Distributors Holdings, Inc. • Wholesale-motor vehicle supplies & new parts • New York
This FIFTH AMENDED AND RESTATED CREDIT AGREEMENT, dated as of May 28, 2010 (this “Agreement”), is made by and among AMERICAN TIRE DISTRIBUTORS, INC., a Delaware corporation (the “Company”), AMERICAN TIRE DISTRIBUTORS HOLDINGS, INC., a Delaware corporation (“Holdings”), each subsidiary of the Company from time to time party hereto, the Lenders, BANK OF AMERICA, N.A., as administrative agent for the Lenders hereunder and as collateral agent for the Secured Parties (in such capacities, together with its successors in such capacities, the “Agent”), and GENERAL ELECTRIC CAPITAL CORPORATION, as co-collateral agent (in such capacity, together with its successors in such capacity, the “Co-Collateral Agent”).
ContractSupplemental Indenture • June 2nd, 2010 • American Tire Distributors Holdings, Inc. • Wholesale-motor vehicle supplies & new parts • New York
SUPPLEMENTAL INDENTURE, dated as of May 28, 2010, to the Indenture dated as of March 31, 2005 (as amended and supplemented to the date hereof, the “Indenture”), by and among American Tire Distributors, Inc., a Delaware corporation (the “Issuer”), American Tire Distributors Holdings, Inc., a Delaware corporation (“ATD Holdings”), Am-Pac Tire Dist. Inc., a California corporation (“Am-Pac”), Tire Pros Francorp, a California corporation (“Francorp” and, together with ATD Holdings and Am-Pac, the “Guarantors”) and US Bank National Association (as successor to Wachovia Bank, National Association), as trustee (the “Trustee”).
SENIOR SECURED NOTES INDENTURE Dated as of May 28, 2010 Among AMERICAN TIRE DISTRIBUTORS, INC., AMERICAN TIRE DISTRIBUTORS HOLDINGS, INC., as a Guarantor, AM-PAC TIRE DIST. INC., as a Subsidiary Guarantor, and THE BANK OF NEW YORK MELLON TRUST...Security Agreement and Financing Statement • June 2nd, 2010 • American Tire Distributors Holdings, Inc. • Wholesale-motor vehicle supplies & new parts • New York
SECURED NOTES INDENTURE, dated as of May 28, 2010, among American Tire Distributors, Inc., a Delaware corporation (the “Issuer”), American Tire Distributors Holdings, Inc., a Delaware corporation (“Holdings”), as a Guarantor (as defined herein), Am-Pac Tire Dist. Inc., a California corporation (“Am-Pac”), as a Subsidiary Guarantor (as defined herein), and The Bank of New York Mellon Trust Company, N.A., a national banking association, as Trustee.
SENIOR SUBORDINATED NOTES INDENTURE Dated as of May 28, 2010 Among AMERICAN TIRE DISTRIBUTORS, INC., AMERICAN TIRE DISTRIBUTORS HOLDINGS, INC., as a Guarantor AM-PAC TIRE DIST. INC., as a Subsidiary Guarantor, and THE BANK OF NEW YORK MELLON TRUST...Subordinated Notes Indenture • June 2nd, 2010 • American Tire Distributors Holdings, Inc. • Wholesale-motor vehicle supplies & new parts • New York
SENIOR SUBORDINATED NOTES INDENTURE, dated as of May 28, 2010, among American Tire Distributors, Inc., a Delaware corporation (the “Issuer”), American Tire Distributors Holdings, Inc., a Delaware corporation (“Holdings”), as a Guarantor (as defined herein), Am-Pac Tire Dist. Inc., a California corporation (“Am-Pac”), as a Subsidiary Guarantor (as defined herein), and The Bank of New York Mellon Trust Company, N.A., a national banking association, as Trustee.
ContractSupplemental Indenture • June 2nd, 2010 • American Tire Distributors Holdings, Inc. • Wholesale-motor vehicle supplies & new parts • New York
SUPPLEMENTAL INDENTURE, dated as of May 28, 2010, to the Indenture dated as of March 31, 2005 (as amended and supplemented to the date hereof, the “Indenture”), by and between American Tire Distributors Holdings, Inc., a Delaware corporation (the “Issuer”) and US Bank National Association (as successor to Wachovia Bank, National Association), as trustee (the “Trustee”).
