Incremental and Refinancing Sample Contracts

INCREMENTAL AND REFINANCING AMENDMENT (AMENDMENT NO. 1 TO CREDIT AGREEMENT)
Incremental and Refinancing • August 26th, 2016 • XPO Logistics, Inc. • Transportation services • New York

INCREMENTAL AND REFINANCING AMENDMENT (this “Agreement”), dated as of August 25, 2016, among XPO LOGISTICS, INC., a Delaware corporation (the “Borrower”), the other Subsidiaries of the Borrower party hereto, each financial institution identified on the signature pages hereto as an “Incremental Term B-1 Lender” (each, an “Incremental Term B-1 Lender”), an “Incremental Term B-2 Lender” (each, an “Incremental Term B-2 Lender” and, together with the Incremental Term B-1 Lenders, the “Incremental Term Lenders” and each an “Incremental Term Lender”) or a Refinancing Term Lender (each, a “Refinancing Term Lender”) and Morgan Stanley Senior Funding, Inc., as administrative agent and collateral agent for the Lenders (in such capacities, the “Agent”), relating to the Senior Secured Term Loan Credit Agreement, dated as of October 30, 2015 (as heretofore amended, amended and restated, extended, supplemented or otherwise modified from time to time prior to the date hereof, the “Credit Agreement”),

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INCREMENTAL AND REFINANCING AMENDMENT (AMENDMENT NO. 2 TO CREDIT AGREEMENT)
Incremental and Refinancing • 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

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