AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT Between SUN HYDRAULICS CORPORATION as Borrower, and FIFTH THIRD BANK, as Lender Dated as of August 1, 2011Credit and Security Agreement • March 14th, 2012 • Sun Hydraulics Corp • Miscellaneous fabricated metal products • Florida
The Applicable Percentage shall, in each case, be determined and adjusted quarterly on the date five (5) Business Days after the date on which Lender has received from Borrower the quarterly financial information and certifications required to be delivered to Lender and Lender in accordance with the provisions of Sections 5.1(a) and (b) and 5.2(b) (each an “Interest Determination Date”). Such Applicable Percentage shall be effective from such Interest Determination Date until the next Interest Determination Date. If Borrower shall fail to provide the financial information and certifications in accordance with the provisions of Sections 5.1(a) and (b) and 5.2(b), the Applicable Percentage shall, on the date five (5) Business Days after the date by which Borrower was so required to provide such financial information and certifications to Lender and Lender, be based on Level V until such time as such information and certifications are provided. In the event that any financial statement or
AMENDED AND RESTATED REVOLVING LINE OF CREDIT NOTERevolving Line of Credit Note • March 14th, 2012 • Sun Hydraulics Corp • Miscellaneous fabricated metal products • Florida
This Amended and Restated Revolving Line of Credit Note (this “Note”) represents a renewal loan made on a revolving credit basis pursuant to that certain “Amended and Restated Credit and Security Agreement” dated of even date herewith to which Borrower and Lender are parties (such Amended and Restated Credit and Security Agreement as originally executed and as same may be amended and modified from time to time being herein referred to as the “Credit Agreement”). The principal amount of this Note is to be advanced and/or repaid pursuant to the terms of Credit Agreement. Pursuant to the terms and provisions of the Credit Agreement, Borrower may borrow, repay such borrowings or portions thereof, and reborrow; provided, however, the total principal amount outstanding under this Note at any one time shall never exceed Fifteen Million and No/100 Dollars ($15,000,000.00).
CONSTRUCTION AND TERM NOTEConstruction and Term Note • March 14th, 2012 • Sun Hydraulics Corp • Miscellaneous fabricated metal products • Florida
FOR VALUE RECEIVED, SUN HYDRAULICS CORPORATION, a Florida corporation, as maker, having an address of 1500 West University Parkway, Sarasota, Florida 34243 (“Borrower”), hereby unconditionally promises to pay to the order of FIFTH THIRD BANK, an Ohio banking corporation, having its principal place of business at 201 East Kennedy Boulevard, Suite 1800, Tampa, Florida 33602 (“Lender”), or at such other place as the holder hereof may from time to time designate in writing, the principal sum of FIFTEEN MILLION AND 00/100THS DOLLARS ($15,000,000.00), or so much thereof as from time to time may be advanced by Lender pursuant to the terms and conditions of the Credit Agreement (defined below), in lawful money of the United States of America, with interest thereon as herein provided, to be paid as provided herein.
RESTRICTED SHARE AGREEMENTRestricted Share Agreement • March 14th, 2012 • Sun Hydraulics Corp • Miscellaneous fabricated metal products • Florida
THIS RESTRICTED SHARE AGREEMENT (the “Agreement”), made effective as of , between SUN HYDRAULICS CORPORATION, a Florida corporation (the “Corporation”), and (“Participant”).
