ContractWarrant Agreement • January 7th, 2022 • Pacific Investment Management Co LLC • Railroad equipment
THIS WARRANT AND THE UNDERLYING SECURITIES HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR UNDER THE SECURITIES LAWS OF APPLICABLE STATES. THESE SECURITIES ARE SUBJECT TO RESTRICTIONS ON TRANSFERABILITY AND RESALE AND MAY NOT BE TRANSFERRED OR RESOLD EXCEPT AS PERMITTED UNDER THE ACT AND APPLICABLE STATE SECURITIES LAWS, PURSUANT TO REGISTRATION UNDER SUCH LAWS OR AN EXEMPTION FROM SUCH REGISTRATION REQUIREMENT.
AMENDMENT NO. 4 TO CREDIT AGREEMENTCredit Agreement • January 7th, 2022 • Pacific Investment Management Co LLC • Railroad equipment • New York
CREDIT AGREEMENT, dated as of October 13, 2020 (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”), among FreightCar America, Inc., a Delaware corporation (“Holdings”), FreightCar North America, LLC, a Delaware limited liability company (the “Borrower”), the several banks and other financial institutions or entities from time to time parties hereto as lenders (the “Lenders”), CO Finance LVS VI LLC, as LC Provider (together with its permitted successors and assigns in such capacity, the “LC Provider”), and U.S. Bank National Association, as disbursing agent for the Lenders (together with its permitted successors and assigns in such capacity, the “Disbursing Agent”) and as collateral agent for the Secured Parties (together with its successors and permitted assigns in such capacity, the “Collateral Agent”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • January 7th, 2022 • Pacific Investment Management Co LLC • Railroad equipment
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is dated as of December 30, 2021 (the “Effective Date”), by and between FreightCar America, Inc., a Delaware corporation (the “Company”), and CO Finance LVS VI LLC, a Delaware limited liability company (the “Investor”).
WARRANT ACQUISITION AGREEMENT by and among CO FINANCE LVS VI LLC and FREIGHTCAR AMERICA, INC., Dated as of December 30, 2021Warrant Acquisition Agreement • January 7th, 2022 • Pacific Investment Management Co LLC • Railroad equipment • New York
This WARRANT ACQUISITION AGREEMENT (this “Agreement”) is dated as of December 30, 2021 (the “Effective Date”) by and between FreightCar America, Inc., a Delaware corporation (the “Company”) and CO Finance LVS VI LLC, a Delaware limited liability company (the “Investor”).
