CREDIT AGREEMENT dated as of June 28, 2017 amongCredit Agreement • June 29th, 2017 • Malibu Boats, Inc. • Ship & boat building & repairing • New York
THIS SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) is made and entered into as of June 28, 2017, 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 other Guarantors (defined herein), the Lenders (defined herein), and SUNTRUST BANK, in its capacity as administrative agent for the Lenders (the “Administrative Agent”), as issuing bank (the “Issuing Bank”) and as swingline lender (the “Swingline Lender”).
SECOND AMENDED AND RESTATED SECURITY AGREEMENTSecurity Agreement • June 29th, 2017 • Malibu Boats, Inc. • Ship & boat building & repairing
THIS SECOND AMENDED AND RESTATED SECURITY AGREEMENT (the “Security Agreement”) dated as of June 28, 2017 among MALIBU BOATS, LLC, a Delaware limited liability company (the “Borrower”), the other Debtors listed on the signature pages hereto (collectively, the “Debtors”), and SUNTRUST BANK, a Georgia state banking corporation, in its capacity as Administrative Agent for the holders of the Indebtedness (defined below) (“Secured Party”).
UNIT PURCHASE AGREEMENT dated as of June 28, 2017 by and among MALIBU BOATS, LLC, COBALT BOATS, LLC, and THE OTHER PARTIES HERETOUnit Purchase Agreement • June 29th, 2017 • Malibu Boats, Inc. • Ship & boat building & repairing • Delaware
THIS UNIT PURCHASE AGREEMENT (this “Agreement”) is made as of June 28, 2017 (the “Agreement Date”), by and among Malibu Boats, LLC, a Delaware limited liability company (“Buyer”); Cobalt Boats, LLC, a Delaware limited liability company (“Company”); each of William Paxson St. Clair, Jr.; Mary Whitney Callan; and FE II, Inc., a Kansas corporation (collectively, the “Unitholders” or “Sellers”); and, with respect to those provisions set forth above their respective signatures below, each of William Paxson (Pack) St. Clair, Jill St. Clair, Sean Callan, William Paxson St. Clair Trust (the “Pack Trust”), Jill Petrie St. Clair Trust (the “Jill Trust”), St. Clair Cellars, LLC, a Kansas limited liability company, and Malibu Boats, Inc., a Delaware corporation. Each of the foregoing is referred to as a “Party” and collectively as the “Parties.”
EMPLOYMENT AGREEMENTEmployment Agreement • June 29th, 2017 • Malibu Boats, Inc. • Ship & boat building & repairing • Tennessee
THIS EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into as of June 28, 2017, by and between Cobalt Boats, LLC, a Delaware limited liability company (the “Company”), and William Paxson St. Clair, Jr., an individual (“Executive”).
