FOURTH AMENDMENT AND WAIVER TO FIFTH AMENDED AND RESTATED REVOLVING CREDIT AND SECURITY AGREEMENTRevolving Credit and Security Agreement • November 12th, 2020 • Daseke, Inc. • Transportation services • New York
Contract Type FiledNovember 12th, 2020 Company Industry JurisdictionFIFTH AMENDED AND RESTATED REVOLVING CREDIT AND SECURITY AGREEMENT dated as of February 27, 2017, among HENNESSY CAPITAL ACQUISITION CORP. II, a Delaware corporation, which upon the effectiveness of the Closing Date Merger (as defined below) will be renamed as the new DASEKE, INC., a Delaware corporation (“Holdings”), DASEKE, INC., a Delaware corporation, with which Merger Sub (as defined below) will be merged upon the effectiveness of the Closing Date Merger (with Daseke, Inc. as the surviving entity), and which will be renamed as DASEKE COMPANIES, INC., a Delaware corporation upon the effectiveness of the Closing Date Merger, as the attorney and agent (in such capacity, the “Borrowing Agent”) on behalf of each Loan Party (as defined below), HCAC MERGER SUB INC., a Delaware corporation (“Merger Sub”), as a “Borrower” hereunder, which upon the effectiveness of the Closing Date Merger will be merged with and into Borrowing Agent, each of the Subsidiaries of Borrowing Agent that are now