CREDIT AGREEMENT Dated as of September 24, 2012 among TEXTAINER LIMITED, as the Borrower, TEXTAINER GROUP HOLDINGS LIMITED, as the Guarantor, BANK OF AMERICA, N.A., as Administrative Agent and L/C Issuer, WELLS FARGO BANK, NATIONAL ASSOCIATION, as...Credit Agreement • March 15th, 2013 • Textainer Group Holdings LTD • Services-equipment rental & leasing, nec • New York
This CREDIT AGREEMENT (this “Credit Agreement” or “Agreement”) is entered into as of September 24, 2012, among TEXTAINER LIMITED, an exempted company with limited liability incorporated under the laws of Bermuda (the “Borrower”), TEXTAINER GROUP HOLDINGS LIMITED, an exempted company with limited liability incorporated under the laws of Bermuda (the “Guarantor”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and BANK OF AMERICA, N.A., as Administrative Agent and L/C Issuer.
CREDIT AGREEMENT Dated as of April 30, 2012 Among TAP FUNDING LTD., as Borrower, THE LENDERS FROM TIME TO TIME PARTY HERETO, as Lenders, and WELLS FARGO SECURITIES LLC, as Administrative AgentCredit Agreement • March 15th, 2013 • Textainer Group Holdings LTD • Services-equipment rental & leasing, nec
This CREDIT AGREEMENT is made as of April 30, 2012, by and among TAP FUNDING LTD., an exempted company with limited liability organized under the laws of Bermuda (together with its successors and permitted assigns, the “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and WELLS FARGO SECURITIES, LLC, a limited liability company organized under the laws of the State of Delaware, as administrative agent for the Lenders (together with its successors and permitted assigns, the “Administrative Agent”).
SHARE PURCHASE AGREEMENTShare Purchase Agreement • March 15th, 2013 • Textainer Group Holdings LTD • Services-equipment rental & leasing, nec • New York
This SHARE PURCHASE AGREEMENT (this “Agreement”), dated December 20, 2012, is entered into by and among TAP Ltd., an exempted company with limited liability incorporated and existing under the laws of Bermuda (the “Seller”), and Textainer Limited, an exempted company with limited liability incorporated and existing under the laws of Bermuda (the “Purchaser”).
AMENDED AND RESTATED MANAGEMENT AGREEMENT between TEXTAINER EQUIPMENT MANAGEMENT LIMITED and TAP FUNDING LTD. Dated as of December 20, 2012Management Agreement • March 15th, 2013 • Textainer Group Holdings LTD • Services-equipment rental & leasing, nec • New York
THIS AMENDED AND RESTATED MANAGEMENT AGREEMENT (as amended, modified and supplemented from time to time in accordance with the terms hereof, the “Agreement”) is dated as of December 20, 2012 between TAP Funding Ltd., an exempted company with limited liability incorporated and existing under the laws of Bermuda (the “Owner”) and Textainer Equipment Management Limited, an exempted company with limited liability continued and existing under the laws of Bermuda (“TEML”), as manager (the “Manager”).
MEMBERS AGREEMENT OF TAP FUNDING LTD.Members Agreement • March 15th, 2013 • Textainer Group Holdings LTD • Services-equipment rental & leasing, nec • New York
MEMBERS AGREEMENT (this “Agreement”) of TAP Funding Ltd., an exempted company with limited liability incorporated and existing under the laws of Bermuda (the “Company”), dated December 20, 2012, by and between the Members (as defined below).
CONTAINER PURCHASE AGREEMENTContainer Purchase Agreement • March 15th, 2013 • Textainer Group Holdings LTD • Services-equipment rental & leasing, nec • California
This CONTAINER PURCHASE AGREEMENT, dated December 20, 2012 (this “Agreement”) is made between Textainer Group Holdings Limited, an exempted company with limited liability incorporated and existing under the laws of Bermuda (together with its successors and permitted assigns, “TGH”), and TAP Funding Ltd., an exempted company with limited liability incorporated and existing under the laws of Bermuda (together with its successors and permitted assigns, “Buyer”).
EMPLOYMENT AGREEMENTEmployment Agreement • March 15th, 2013 • Textainer Group Holdings LTD • Services-equipment rental & leasing, nec • California
THIS AGREEMENT made as of the 1st day of April 2012 (the “Effective Date”) by and between TEXTAINER EQUIPMENT MANAGEMENT (U.S.) LIMITED (“Employer”), a Delaware corporation, and ERNEST J. FURTADO (hereinafter referred to as “Employee”) (jointly, the “Parties”).
AMENDMENT NUMBER 3 TO CREDIT AGREEMENTCredit Agreement • March 15th, 2013 • Textainer Group Holdings LTD • Services-equipment rental & leasing, nec • New York
THIS AMENDMENT NUMBER 3, dated as of December 12, 2012 (this “Amendment”), by and among TW CONTAINER LEASING, LTD., a company with limited liability organized under the laws of Bermuda (the “Borrower”), the financial institutions listed on the signature pages hereof under the heading “LENDERS” (each a “Lender” and, collectively, the “Lenders”), and WELLS FARGO SECURITIES LLC., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”), is made to the Credit Agreement (as defined below).
AMENDMENT NUMBER 1 TO CREDIT AGREEMENTCredit Agreement • March 15th, 2013 • Textainer Group Holdings LTD • Services-equipment rental & leasing, nec • New York
THIS AMENDMENT NUMBER 1, dated as of June 29, 2012 (this “Amendment”), to the Credit Agreement, dated as of April 30, 2012 (as amended, modified, supplemented or restated from time to time, the “Credit Agreement”, by and among TAP FUNDING LTD., an exempted company with limited liability organized under the laws of Bermuda (the “Borrower”), the lenders from time to time party thereto (collectively the “Lenders”), and WELLS FARGO SECURITIES, LLC, as Administrative Agent.
AMENDMENT NUMBER 8 TO SECOND AMENDED AND RESTATED INDENTURE, CONSENT AND WAIVERNumber • March 15th, 2013 • Textainer Group Holdings LTD • Services-equipment rental & leasing, nec • New York
THIS AMENDMENT NUMBER 8 AND CONSENT, dated as of March 30, 2012 (this “Amendment”), between TEXTAINER MARINE CONTAINERS LIMITED, a company organized and existing under the laws of Bermuda (the “Issuer”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as Indenture Trustee under the Indenture referred to below (the “Indenture Trustee”), is made to such Indenture.
AMENDMENT NUMBER 2 TO CREDIT AGREEMENTCredit Agreement • March 15th, 2013 • Textainer Group Holdings LTD • Services-equipment rental & leasing, nec • New York
THIS AMENDMENT NUMBER 2, dated as of December 19, 2012 (this “Amendment”), to the Credit Agreement, dated as of April 30, 2012 (as amended, modified, supplemented or restated from time to time, the “Credit Agreement”, by and among TAP FUNDING LTD., an exempted company with limited liability organized under the laws of Bermuda (the “Borrower”), the lenders from time to time party thereto (collectively the “Lenders”), and WELLS FARGO SECURITIES, LLC, as Administrative Agent.
AMENDMENT NUMBER 2 TO CREDIT AGREEMENTCredit Agreement • March 15th, 2013 • Textainer Group Holdings LTD • Services-equipment rental & leasing, nec • New York
THIS AMENDMENT NUMBER 2, dated as of October 1, 2012 (this “Amendment”), by and among TW CONTAINER LEASING, LTD., a company with limited liability organized under the laws of Bermuda (the “Borrower”), the financial institutions listed on the signature pages hereof under the heading “LENDERS” (each a “Lender” and, collectively, the “Lenders”), and WELLS FARGO SECURITIES LLC., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”), is made to the Credit Agreement (as defined below).
