SIXTH AMENDED AND RESTATED CREDIT AGREEMENT Dated as of November 30, 20122012, as amended by the First Amendment, dated as of March 22, 2013 among THE FINANCIAL INSTITUTIONS PARTY HERETO, as the Lenders, and BANK OF AMERICA, N.A., as the...Credit Agreement • May 10th, 2013 • American Tire Distributors Holdings, Inc. • Wholesale-motor vehicle supplies & new parts • New York
This SIXTH AMENDED AND RESTATED CREDIT AGREEMENT dated as of November 30, 2012 and amended as of the First Amendment Effective Date pursuant to the First Amendment to the Sixth Amended and Restated Credit Agreement (this “Agreement”), is made by and among AMERICAN TIRE DISTRIBUTORS, INC., a Delaware corporation (the “Company”) and successor by merger to ATD Acquisition Co. III, a Delaware corporation, and successor by merger to The Bowlus Service Company, an Ohio corporation, ATD ACQUISITION CO. VTRICAN TIRE DISTRIBUTORS INC. / DISTRIBUTEURS DE PNEUS TRICAN INC., a corporation organized under the laws of Canada (the “Initial Canadian Borrower“Trican”), AMERICAN TIRE DISTRIBUTORS HOLDINGS, INC., a Delaware corporation (“Holdings”), each other subsidiary of the Company from time to time party hereto, the Lenders, and 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
SHARE PURCHASE AGREEMENT BY AND AMONG TRICAN TIRE DISTRIBUTORS INC., AMERICAN TIRE DISTRIBUTORS, INC. (SOLELY WITH RESPECT TO SECTION 13.15), AS PARENT GUARANTOR, REGIONAL TIRE HOLDINGS INC., REGIONAL TIRE DISTRIBUTORS INC. AND EACH OF THE OTHER...Share Purchase Agreement • May 10th, 2013 • American Tire Distributors Holdings, Inc. • Wholesale-motor vehicle supplies & new parts • Ontario
This Share Purchase Agreement (this “Agreement”) is entered into as of March 22, 2013, by and among (i) TriCan Tire Distributors Inc. (“Buyer”), a corporation formed under the laws of Canada, (ii) solely with respect to Section 13.15, American Tire Distributors, Inc., a Delaware corporation (“Parent Guarantor”), (iii) Regional Tire Distributors Inc., a corporation formed under the laws of the Province of Ontario (the “Company”), (iv) Regional Tire Holdings Inc., a corporation formed under the laws of Ontario (“Holdco”), (iv) the Sellers, and (v) the Principals.
SHARE PURCHASE AGREEMENT BY AND AMONG ATD ACQUISITION CO. V INC., AMERICAN TIRE DISTRIBUTORS, INC. (SOLELY WITH RESPECT TO SECTION 13.15), AS PARENT GUARANTOR 1278104 ALBERTA INC. TRIWEST TRADING (CANADA) LTD. AND THE OTHER PARTIES HERETO Dated as of...Share Purchase Agreement • May 10th, 2013 • American Tire Distributors Holdings, Inc. • Wholesale-motor vehicle supplies & new parts • Ontario
This Share Purchase Agreement (this “Agreement”) is entered into as of November 30, 2012, by and among (i) ATD Acquisition Co. V Inc. (“Buyer”), a corporation formed under the laws of Canada, (ii) solely with respect to Section 13.15, American Tire Distributors, Inc., a Delaware corporation (“Parent Guarantor”), (iii) 1278104 Alberta Inc. a corporation formed under the laws of the Province of Alberta, Canada (“Seller”), (iv) Triwest Trading (Canada) Ltd., a corporation formed under the laws of Canada and a wholly owned subsidiary of Seller (the “Company”), (v) the Seller Shareholders, (vi) the Employco Shareholders, (vii) the Investco Shareholders and (viii) the Fabco Shareholders.
FIRST AMENDMENT TO SIXTH AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • May 10th, 2013 • American Tire Distributors Holdings, Inc. • Wholesale-motor vehicle supplies & new parts • New York
THIS FIRST AMENDMENT TO SIXTH AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) is made and entered into as of March 22, 2013, by and among AMERICAN TIRE DISTRIBUTORS, INC., a Delaware corporation (“American Tire”); AM-PAC TIRE DIST. INC., a California corporation (“Am-Pac”; together with American Tire, collectively, “U.S. Borrowers” and each individually, a “U.S. Borrower”); TRICAN TIRE DISTRIBUTORS INC. / DISTRIBUTEURS DE PNEUS TRICAN INC., a corporation organized under the laws of Canada (and the entity resulting from the amalgamation of ATD Acquisition Co. V Inc., Triwest Trading (Canada) Ltd. and Trican Tire Distributors Inc.), in its capacity as a Canadian Borrower (“Trican”; together with U.S. Borrowers, collectively, “Borrowers” and each individually, a “Borrower”); AMERICAN TIRE DISTRIBUTORS HOLDINGS, INC., a Delaware corporation (“Holdings”); TIRE WHOLESALERS, INC., a Washington corporation (“Wholesalers”; together with Holdings, collectively, “Guarantors” and each ind
