FIRST INCREMENTAL FACILITY AMENDMENT AND FIRST AMENDMENT dated as of August 21, 2018 to the SECOND AMENDED AND RESTATED CREDIT AGREEMENT dated as of June 28, 2017 among MALIBU BOATS, LLC, as the Borrower MALIBU BOATS HOLDINGS, LLC, as the Parent and a...First Incremental Facility Amendment and First Amendment • August 22nd, 2018 • Malibu Boats, Inc. • Ship & boat building & repairing • New York
THIS FIRST INCREMENTAL FACILITY AMENDMENT AND FIRST AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) dated as of August 21, 2018 (the “Effective Date”) to the Credit Agreement referenced below is by and among Malibu Boats, LLC, a Delaware limited liability company (the “Borrower”), Malibu Boats Holdings, LLC, a Delaware limited liability company (the “Parent”), the Guarantors identified on the signature pages hereto, the Incremental Lenders (defined below) and SunTrust Bank, in its capacity as Administrative Agent (in such capacity, the “Administrative Agent”).
ASSET PURCHASE AGREEMENT BY AND BETWEEN MALIBU BOATS, LLC, PURCHASER, SELLERS AND THE PRINCIPALS DATED AS OF AUGUST 21, 2018Asset Purchase Agreement • August 22nd, 2018 • Malibu Boats, Inc. • Ship & boat building & repairing • Delaware
THIS ASSET PURCHASE AGREEMENT (this “Agreement”), dated as of August 21, 2018 (“Agreement Date”), is made by and between Malibu Boats, LLC, a Delaware limited liability company (“Malibu”), and PB Holdco, LLC, a newly-formed Delaware limited liability company that is wholly-owned by Malibu (“Purchaser”), on the one hand, and S2 Yachts, Inc., a Michigan corporation (“S2”), Gen 123 Properties, LLC, a Michigan limited liability company (“Gen123” and with S2, each, a “Seller”), and each of Leon Slikkers, David Slikkers, Robert Slikkers, Thomas Slikkers and Susan Slikkers, who are owners of S2 and Gen123 (each, a “Principal”), on the other hand. Each such party may sometimes be referred to herein individually as a “Party” and collectively as the “Parties”. Capitalized terms used but not otherwise defined herein have the meanings ascribed to such terms in Article 1.
