ARTICLE 1 DUTIESEmployment Agreement • August 14th, 1998 • Rush Enterprises Inc \Tx\ • Retail-auto dealers & gasoline stations
DATED AS OFStock Purchase Agreement • May 15th, 1998 • Rush Enterprises Inc \Tx\ • Retail-auto dealers & gasoline stations • Texas
1 EXHIBIT 2.4 ASSET PURCHASE AGREEMENT DATED JULY 12, 1998Asset Purchase Agreement • March 30th, 2000 • Rush Enterprises Inc \Tx\ • Retail-auto dealers & gasoline stations • Texas
1 EXHIBIT 2.5 ASSET PURCHASE AGREEMENT DATED AUGUST 23, 1999Asset Purchase Agreement • March 30th, 2000 • Rush Enterprises Inc \Tx\ • Retail-auto dealers & gasoline stations • Texas
1 EXHIBIT 2.8 ASSET PURCHASE AGREEMENT DATED SEPTEMBER 27, 1999Asset Purchase Agreement • March 30th, 2000 • Rush Enterprises Inc \Tx\ • Retail-auto dealers & gasoline stations • Texas
RECITALSRegistration Rights Agreement • October 19th, 1999 • Rush Enterprises Inc \Tx\ • Retail-auto dealers & gasoline stations
JOINT FILING AGREEMENTJoint Filing Agreement • January 26th, 2005 • Rush Enterprises Inc \Tx\ • Retail-auto dealers & gasoline stations
10,000,000 Shares RUSH ENTERPRISES, INC. Class A Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • November 19th, 2004 • Rush Enterprises Inc \Tx\ • Retail-auto dealers & gasoline stations • New York
CREDIT AGREEMENT Dated as of March 21, 2017 amongCredit Agreement • March 27th, 2017 • Rush Enterprises Inc \Tx\ • Retail-auto dealers & gasoline stations • New York
This 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
BETWEENDealer Sales and Service Agreement • March 30th, 2000 • Rush Enterprises Inc \Tx\ • Retail-auto dealers & gasoline stations
1 EXHIBIT 2.1 ASSET PURCHASE AGREEMENT DATED OCTOBER 3, 1997 BY AND BETWEEN RUSH ENTERPRISES, INC. RUSH EQUIPMENT CENTERS OF TEXAS, INC. C. JIM STEWART & STEVENSON, INC.Asset Purchase Agreement • October 21st, 1997 • Rush Enterprises Inc \Tx\ • Retail-auto dealers & gasoline stations • Texas
FIFTH AMENDED AND RESTATED CREDIT AGREEMENT Dated as of September 14, 2021 among CERTAIN SUBSIDIARIES OF RUSH ENTERPRISES, INC., AS BORROWERS, RUSH ENTERPRISES, INC., AS THE BORROWER REPRESENTATIVE, THE LENDERS, and BMO HARRIS BANK N.A., AS...Credit Agreement • September 20th, 2021 • Rush Enterprises Inc \Tx\ • Retail-auto dealers & gasoline stations • New York
This Fifth Amended and Restated Credit Agreement, dated as of September 14, 2021 (this “Agreement”), is entered into 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 California, Inc., Rush Truck Centers of Colorado, Inc., Rush Medium Duty Truck Centers of Colorado, Inc., Rush Truck Centers of Florida, Inc., Rush Truck Centers of Georgia, Inc., Rush Truck Centers of Idaho, Inc., Rush Truck Centers of Indiana Inc., Rush Truck Centers of Illinois Inc., Rush Truck Centers of Kansas, Inc., Rush Truck Centers of Kentucky, Inc., Rush Truck Centers of Missouri, Inc., Rush Truck Centers of Nebraska, Inc., Rush Truck Centers of Nevada, Inc., Rush Truck Centers of New Mexico, Inc., Rush Truck Centers of North Carolina, Inc., Rush Truck Centers of Ohio, Inc., Rush Truck Centers of Oklahoma, Inc., Rush Truck Centers of Pennsylvania, Inc., Rush Truck Centers of Tennessee, Inc., Rush Truck Centers
DISPUTES RELATING TO THIS AGREEMENT ARE REQUIRED TO BE SETTLED PURSUANT TO CERTAIN DISPUTE RESOLUTION PROCEDURES AS PROVIDED IN ARTICLE 7 AND APPENDIX A OF THIS AGREEMENT. EMPLOYMENT AGREEMENTEmployment Agreement • March 22nd, 2007 • Rush Enterprises Inc \Tx\ • Retail-auto dealers & gasoline stations
This Employment Agreement (this “Agreement”) is entered into effective as of the 20th day of March, 2007, between Steven L. Keller (“Employee”), and Rush Administrative Services, Inc., a Delaware corporation (the “Company”), whose principal executive offices are located in New Braunfels, Texas.
RIGHT OF FIRST REFUSALRight of First Refusal • February 14th, 2013 • Rush Enterprises Inc \Tx\ • Retail-auto dealers & gasoline stations • Texas
This Right of First Refusal Agreement (this “Agreement”) is made as of December 19, 2012, by and among Peterbilt Motors Company, a division of PACCAR Inc, a Delaware corporation (“Peterbilt”), and W. Marvin Rush, a resident of Seguin, Texas (“Rush”).
INDEMNITY AGREEMENT (THIS “AGREEMENT”) DATED AS OF , 200 , MADE BETWEEN RUSH ENTERPRISES, INC., A TEXAS CORPORATION (THE “COMPANY”), AND (“INDEMNITEE”)Indemnity Agreement • February 27th, 2007 • Rush Enterprises Inc \Tx\ • Retail-auto dealers & gasoline stations • Texas
WHEREAS, the Company is aware that competent and experienced persons are increasingly reluctant to serve as directors, officers or agents of corporations unless they are protected by comprehensive liability insurance or indemnification, as a result of increased exposure to litigation costs and risks resulting from their service to such corporations, and because the exposure frequently bears no reasonable relationship to the compensation of such directors, officers and other agents;
RUSH ENTERPRISES, INC. AMENDED AND RESTATED 2007 LONG-TERM INCENTIVE PLAN FORM OF RESTRICTED STOCK AWARD AGREEMENTRush Enterprises Inc \Tx\ • February 22nd, 2021 • Retail-auto dealers & gasoline stations • Texas
RUSH ENTERPRISES, INC. AMENDED AND RESTATED 2007 LONG-TERM INCENTIVE PLANForm of Stock Option Agreement • February 22nd, 2021 • Rush Enterprises Inc \Tx\ • Retail-auto dealers & gasoline stations • Texas
STOCK OPTION AGREEMENT (“Agreement”) dated as of the Grant Date (the “Grant Date”) set forth on Schedule I hereto, between RUSH ENTERPRISES, INC., a Texas corporation (the “Company”), and the employee of the Company or of a Subsidiary identified on Schedule I hereto (the “Employee”).
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • May 1st, 2019 • Rush Enterprises Inc \Tx\ • Retail-auto dealers & gasoline stations • New York
THIS FIRST AMENDMENT TO CREDIT AGREEMENT, dated as of April 25, 2019 (this “Amendment”), is entered into by and 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
Exhibit 10.19 LETTER AGREEMENT - FINALLetter Agreement • March 30th, 2000 • Rush Enterprises Inc \Tx\ • Retail-auto dealers & gasoline stations
GUARANTY AGREEMENT dated as of September 14, 2021, by RUSH ENTERPRISES, INC. in favor of WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative AgentGuaranty Agreement • September 20th, 2021 • Rush Enterprises Inc \Tx\ • Retail-auto dealers & gasoline stations • New York
This GUARANTY AGREEMENT (this “Agreement”), dated as of September 14, 2021, is made by RUSH ENTERPRISES, INC., a Texas corporation (the “Guarantor”), in favor of WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent (in such capacity, the “Administrative Agent”) for the benefit of itself and the Secured Parties.
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
This 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”).
EMPLOYMENT AGREEMENTEmployment Agreement • April 4th, 2022 • Rush Enterprises Inc \Tx\ • Retail-auto dealers & gasoline stations • Texas
This EMPLOYMENT AGREEMENT (this "Agreement") is made and entered into on this 31st day of March, 2022 (the “Effective Date”), by and among RUSH ADMINISTRATIVE SERVICES, INC. (the “Company”), RUSH ENTERPRISES, INC. (“Rush Enterprises”) and DERREK WEAVER (“Executive") on the terms and conditions set forth below.
AMENDED AND RESTATED AMENDMENT TO DEALER SALES AND SERVICE AGREEMENTSSales and Service Agreement • November 9th, 2023 • Rush Enterprises Inc \Tx\ • Retail-auto dealers & gasoline stations
This Amended and Restated Amendment to Dealer Sales and Service Agreement (this AMENDMENT") is effective July 6, 2023, between Peterbilt Motors Company, a division of PACCAR Inc, a Delaware corporation (“PETERBILT”) and:
THIRD AMENDMENT TO CREDIT AGREEMENTCredit Agreement • July 16th, 2013 • Rush Enterprises Inc \Tx\ • Retail-auto dealers & gasoline stations • New York
CREDIT AGREEMENT Dated as of December 31, 2010 among CERTAIN SUBSIDIARIES OF RUSH ENTERPRISES, INC., AS BORROWERS, RUSH ENTERPRISES, INC., AS THE BORROWER REPRESENTATIVE, THE LENDERS, and GENERAL ELECTRIC CAPITAL CORPORATION, AS ADMINISTRATIVE AGENT...Credit Agreement • January 6th, 2011 • Rush Enterprises Inc \Tx\ • Retail-auto dealers & gasoline stations • New York
This Credit Agreement, dated as of December 31, 2010 (this “Agreement”), is entered into 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., and Rush Truck Centers of Oregon, Inc., each a Delaware corporation and Rush Truck Centers of Texas, L.P., a Texas limited partnership (collectively, the “Borrowers” and individually a “Borrower”), Rush Enterprises, Inc., a Texas corporation (“Holdings” or the “Borrower Representative”), the Lenders (as defined below) from time to time parties hereto and General Electric Capital Corporation, as a
GUARANTY AGREEMENT Dated as of April 25, 2019 between RUSH ENTERPRISES, INC. and BANK OF MONTREALGuaranty Agreement • May 1st, 2019 • Rush Enterprises Inc \Tx\ • Retail-auto dealers & gasoline stations • Texas
WHEREAS, pursuant to the Share Purchase Agreement dated November 26, 2018, as amended by agreement dated February 25, 2019, on the 25th day of February, 2019, 1187394 B.C. Ltd., a wholly-owned subsidiary of Holdings, purchased 50% of the voting and equity securities of Tallman Truck Centre Limited (“TTCL”) and an option to purchase the remaining issued and outstanding voting and equity securities of TTCL;
AMENDMENT TO WHOLESALE SECURITY AGREEMENTWholesale Security Agreement • May 18th, 2007 • Rush Enterprises Inc \Tx\ • Retail-auto dealers & gasoline stations
This Amendment dated as of May 15, 2007 is by and between 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 Texas, L.P. (individually a “Debtor” and collectively the “Debtors”), Rush GMC Truck Center of El Paso, Inc., Rush GMC Truck Center of Phoenix, Inc., Rush GMC Truck Center of San Diego, Inc., Rush GMC Truck Center of Tucson, Inc. (the “GMC Dealers”)and General Electric Capital Corporation (“Secured Party”).
FOURTH AMENDMENT TO ADDENDUM TO WHOLESALE SECURITY AGREEMENTAddendum to Wholesale Security Agreement • May 24th, 2007 • Rush Enterprises Inc \Tx\ • Retail-auto dealers & gasoline stations
This Fourth Amendment to Addendum to Wholesale Security Agreement (the “Security Agreement”) is by and between General Electric Capital Corporation (“Secured Party”) and each of the below signed debtors (individually a “Debtor” and collectively the “Debtors”) and shall modify, be attached to and specifically incorporated into that certain Addendum to Wholesale Security Agreement dated September 20, 2005, (as amended, the “Addendum”).
THIS AGREEMENT IS SUBJECT TO THE TEXAS ARBITRATION ACT, AS AMENDEDAgreement • February 14th, 2013 • Rush Enterprises Inc \Tx\ • Retail-auto dealers & gasoline stations • Texas
This Amended and Restated Limited Partnership Agreement is entered into as of July 1, 2004 , by and among W. MARVIN RUSH and W. M. “RUSTY” RUSH, as General Partners, (collectively called the “General Partner”), and W. MARVIN RUSH, W. M. “RUSTY” RUSH and ROBIN M. RUSH, as Limited Partners.
RIGHT OF FIRST REFUSAL AGREEMENTRight of First Refusal Agreement • February 23rd, 2023 • Rush Enterprises Inc \Tx\ • Retail-auto dealers & gasoline stations
THIS RIGHT OF FIRST REFUSAL AGREEMENT (the “Agreement”), dated October 18, 2022, is entered into by and among Rush Enterprises, Inc., a Texas corporation (“Rush”), W.M. “Rusty” Rush (“Borrower”), and Frost Bank, a Texas state bank (“Lender”).
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • December 2nd, 2022 • Rush Enterprises Inc \Tx\ • Retail-auto dealers & gasoline stations • New York
THIS FIRST AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), dated as of November 30, 2022 (the “Effective Date”), is entered into by and among RUSH ENTERPRISES, INC., a Texas corporation (“Holdings”), each of the Borrowers party hereto (the “Borrowers”), each of the Lenders party hereto and WELLS FARGO BANK, N.A., as Administrative Agent for the Lenders (the “Administrative Agent”).
RETIREMENT AND TRANSITION AGREEMENTRetirement and Transition Agreement • May 21st, 2013 • Rush Enterprises Inc \Tx\ • Retail-auto dealers & gasoline stations • Texas
NON-QUALIFIED STOCK OPTION AGREEMENTNon-Qualified Stock Option Agreement • July 12th, 2004 • Rush Enterprises Inc \Tx\ • Retail-auto dealers & gasoline stations • Texas
NON-QUALIFIED STOCK OPTION AGREEMENT dated as of the Grant Date (the "Grant Date") set forth on Schedule I hereto, between RUSH ENTERPRISES, INC., a Texas corporation (the "Company"), and the employee of the Company or of a subsidiary of the Company identified on Schedule I hereto (the "Employee").
SECOND AMENDMENT TO ADDENDUM TO WHOLESALE SECURITY AGREEMENTAddendum to Wholesale Security Agreement • January 23rd, 2007 • Rush Enterprises Inc \Tx\ • Retail-auto dealers & gasoline stations
This Second Amendment to Addendum to Wholesale Security Agreement (the “Security Agreement”) is by and between General Electric Capital Corporation (“Secured Party”) and each of the below signed debtors (individually a “Debtor” and collectively the “Debtors”) and shall modify, be attached to and specifically incorporated into that certain Addendum to Wholesale Security Agreement dated September 20, 2005, (as amended, the “Addendum”).
JOINT FILING AGREEMENTJoint Filing Agreement • February 14th, 2013 • Rush Enterprises Inc \Tx\ • Retail-auto dealers & gasoline stations
Pursuant to and in accordance with Rule 13d-1(k)(1) promulgated under the Securities Exchange Act of 1934, as amended, each party hereto hereby agrees to the joint filing, on behalf of each of them, of this Schedule 13D (including any amendment, restatement, supplement, and/or exhibit thereto) with the Securities and Exchange Commission (and, if such security is registered on a national securities exchange, also with the exchange), and further agrees to the filing, furnishing, and/or incorporation by reference of this agreement as an exhibit thereto.
