CREDIT AGREEMENT Dated as of March 21, 2017 amongCredit Agreement • March 27th, 2017 • Rush Enterprises Inc \Tx\ • Retail-auto dealers & gasoline stations • New York
Contract Type FiledMarch 27th, 2017 Company Industry JurisdictionThis CREDIT AGREEMENT (this “Agreement”) is entered into as of March 21, 2017, among Rush Truck Centers of Alabama, Inc., Rush Truck Centers of Arizona, Inc., Rush Truck Centers of California, Inc., Rush Medium Duty Truck Centers of Colorado, Inc., Rush Truck Centers of Colorado, Inc., Rush Truck Centers of Florida, Inc., Rush Truck Centers of Georgia, Inc., Rush Truck Centers of New Mexico, Inc., Rush Truck Centers of Oklahoma, Inc., Rush Truck Centers of Tennessee, Inc., Rush Truck Centers of North Carolina, Inc., Rush Truck Centers of Idaho, Inc., Rush Truck Centers of Utah, Inc., Rush Truck Centers of Ohio, Inc., Rush Truck Centers of Kansas, Inc., Rush Truck Centers of Missouri, Inc., Rush Truck Centers of Virginia Inc., Rush Truck Centers of Indiana Inc., Rush Truck Centers of Illinois Inc., Rush Truck Centers of Nevada, Inc., Rush Truck Centers of Kentucky, Inc., RIG TOUGH, INC., LOS CUERNOS, INC., AIRUSH, INC., RUSH TRUCK LEASING, INC. AND RUSH ADMINISTRATIVE SERVICES, INC., ea
SECURITY AGREEMENT dated as of March 21, 2017 among RUSH ENTERPRISES, INC., certain subsidiaries of rush enterprises, inc. and EACH OTHER GRANTOR FROM TIME TO TIME PARTY HERETO and BMO HARRIS BANK N.A., as the Administrative AgentSecurity Agreement • March 27th, 2017 • Rush Enterprises Inc \Tx\ • Retail-auto dealers & gasoline stations • New York
Contract Type FiledMarch 27th, 2017 Company Industry JurisdictionThis SECURITY AGREEMENT, dated as of March 21, 2017 (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), is made by each of the Grantors referred to below in favor of BMO HARRIS BANK N.A. (“BMO”), in its capacity as administrative agent for the Credit Parties (as defined in the Credit Agreement referred to below) (in such capacity, together with its successors and assigns in such capacity, if any, the “Administrative Agent”).
INTERCREDITOR AGREEMENTIntercreditor Agreement • March 27th, 2017 • Rush Enterprises Inc \Tx\ • Retail-auto dealers & gasoline stations • New York
Contract Type FiledMarch 27th, 2017 Company Industry JurisdictionINTERCREDITOR AGREEMENT (as amended, restated, modified or supplemented from time to time, this “Agreement”), dated as of March 21, 2017, by and between BMO HARRIS BANK N.A., as administrative agent under the Formula Revolver Credit Agreement (as defined below) (in such capacity, together with its successors and assigns, the “Formula Revolver Agent”), and BMO HARRIS BANK N.A., as administrative agent and collateral agent under the Floor Plan Credit Agreement (as defined below) (in such capacities, together with its successors and assigns in either such capacity, the “Floor Plan Agent”), and acknowledged and agreed to by Rush Truck Centers of Alabama, Inc., Rush Truck Centers of Arizona, Inc., Rush Truck Centers of California, Inc., Rush Medium Duty Truck Centers of Colorado, Inc., Rush Truck Centers of Colorado, Inc., Rush Truck Centers of Florida, Inc., Rush Truck Centers of Georgia, Inc., Rush Truck Centers of New Mexico, Inc., Rush Truck Centers of Oklahoma, Inc., Rush Truck Centers