PURCHASE AND SALE AGREEMENT1 BY AND AMONG DASEKE, INC., DASEKE MFS LLC, THE SELLERS PARTY HERETO and DANIEL R. MOORE, IN HIS CAPACITY AS SELLER REPRESENTATIVE dated December 1, 2017Purchase and Sale Agreement • March 16th, 2018 • Daseke, Inc. • Transportation services • Delaware
This PURCHASE AND SALE AGREEMENT (this “Agreement”) is made as of December 1, 2017, by and among (a) Daseke, Inc. a Delaware corporation (“Parent”), (b) Daseke MFS LLC, a Delaware limited liability company (“Buyer”), (c) Daniel R. Moore, a resident of the state of Tennessee (“Dan Moore”), Judith N. Moore, a resident of the state of Tennessee (“Judy Moore”), Randall K. Moore, a resident of the state of Tennessee (“Randy Moore”), Tiffani M. Swalley, a resident of the state of Illinois (“Tiffani Swalley”), John D. Moore, a resident of the state of North Carolina (“JD Moore”), and V. Jean Nichols, a resident of the state of Colorado (each a “Seller” and, collectively, “Sellers”) and (d) Dan Moore in his capacity as Seller Representative (as hereinafter defined).
PURCHASE AND SALE AGREEMENT1 BY AND AMONG DASEKE, INC., DASEKE COMPANIES, INC. DASEKE TSH LLC, THE SELLERS PARTY HERETO and CRAIG STANLEY, IN HIS CAPACITY AS SELLER REPRESENTATIVE dated December 1, 2017Purchase and Sale Agreement • March 16th, 2018 • Daseke, Inc. • Transportation services • Delaware
This PURCHASE AND SALE AGREEMENT (this “Agreement”) is made as of December 1, 2017, by and among (i) Daseke, Inc. a Delaware corporation (“Parent”), (ii) Daseke Companies, Inc., a Delaware corporation (“Daseke Holdco”), (iii) Daseke TSH LLC, a Delaware limited liability company (“Buyer”), (iv) Sidney T. Stanley 2007 Family Irrevocable Gift Trust (“STS Trust”), Sidney Stanley, a resident of the state of Tennessee, Craig Stanley, a resident of the state of Tennessee, Gregg Stanley, a resident of the state of Tennessee, Sara Beth Sheehan, a resident of the state of Tennessee, Craig T. Stanley 2012 GST-Exempt Family Trust, Gregg F. Stanley 2012 GST-Exempt Family Trust and Sara Beth Sheehan 2012 GST-Exempt Family Trust (each a “Seller” and, collectively, “Sellers”) and (v) Craig Stanley in his capacity as Seller Representative (as hereinafter defined).
SECOND AMENDMENT TO FIFTH AMENDED AND RESTATED REVOLVING CREDIT AND SECURITY AGREEMENTRevolving Credit and Security Agreement • March 16th, 2018 • Daseke, Inc. • Transportation services • New York
THIS SECOND AMENDMENT TO FIFTH AMENDED AND RESTATED REVOLVING CREDIT AND SECURITY AGREEMENT (this “Amendment”) is made and entered into as of November 28, 2017, by and among DASEKE, INC., a Delaware corporation (“Guarantor”), DASEKE COMPANIES, INC., a Delaware corporation (the “Borrowing Agent”), each of its subsidiaries party thereto as borrowers (together with Borrowing Agent, each a “Borrower” and collectively, the “Borrowers” and together with Guarantor, the “Loan Parties”), the Lenders (as defined in the Credit Agreement referred to below) party hereto, and PNC BANK, NATIONAL ASSOCIATION (“PNC”), as agent for the Lenders (PNC, together with its successors and assigns in such capacity, “Agent”).
INCREMENTAL AND REFINANCING AMENDMENT (AMENDMENT NO. 2 TO CREDIT AGREEMENT)Incremental and Refinancing Amendment • March 16th, 2018 • Daseke, Inc. • Transportation services • New York
INCREMENTAL AND REFINANCING AMENDMENT (this “Agreement”), dated as of November 28, 2017, among DASEKE, INC., a Delaware corporation (“Holdings”), DASEKE COMPANIES, INC., a Delaware corporation (the “Borrower”), the Subsidiaries of the Borrower party hereto, each financial institution identified on the signature pages hereto as an “Incremental Term Lender” (each, an “Incremental Term Lender”) or a “Refinancing Term Lender” (each, a “Replacement Term Lender”) and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as administrative agent and collateral agent for the Lenders (in such capacities, the “Agent”), relating to the Term Loan Agreement, dated as of February 27, 2017 (as amended by Amendment No. 1 to Term Loan Agreement, dated as of August 16, 2017, by and among Holdings, the Borrower, the Lenders party thereto and the Agent, and as further as amended, restated, amended and restated, supplemented or otherwise modified through the date hereof, the “Credit Agreement”), among Holdings, the Borr
