WITNESSETH:Falconite Inc • March 18th, 1997 • Services-miscellaneous equipment rental & leasing • Kentucky
UNDERWRITING AGREEMENTUnderwriting Agreement • March 18th, 1997 • Falconite Inc • Services-miscellaneous equipment rental & leasing • New York
1 EXHIBIT 10.12 SECURITY AGREEMENT 1. Grant of Security Interest. Erzinger Equipment, Inc., 4303 Bi-State Industrial Drive, St. Louis, MO 63128, a Missouri corporation (the "Debtor"), in order to induce SOUTHWEST BANK OF ST. LOUIS, 2301 South...Security Agreement • January 21st, 1997 • Falconite Inc • Missouri
1 Exhibit 4.3 REGISTRATION RIGHTS AGREEMENT THIS REGISTRATION RIGHTS AGREEMENT (this "Agreement"), dated as of December 31, 1996, by and among Falconite, Inc., an Illinois corporation (the "Company"), Falconite Investments, L.P., a Colorado limited...Registration Rights Agreement • January 21st, 1997 • Falconite Inc • Illinois
WITNESSETH:Security Agreement • March 18th, 1997 • Falconite Inc • Services-miscellaneous equipment rental & leasing • Kentucky
1 EXHIBIT 10.29 GUARANTY (ARBITRATION) TO: ITT COMMERCIAL FINANCE CORP. In consideration of financing provided or to be provided by you to M & M Properties, Inc. ("Dealer"), and for other good and valuable consideration received, we jointly,...Falconite Inc • January 21st, 1997 • Alabama
1 EXHIBIT 10.18 REVOLVING CREDIT NOTEFalconite Inc • January 21st, 1997
1 EXHIBIT 10.38 THIRD AMENDMENT TO REVOLVING CREDIT AND TERM LOAN AGREEMENT THIS THIRD AMENDMENT TO REVOLVING CREDIT AND TERM LOAN AGREEMENT (this "Amendment") is made and entered into this 19th day of February, 1997, by and between FALCONITE...Credit and Term Loan Agreement • March 18th, 1997 • Falconite Inc • Services-miscellaneous equipment rental & leasing • Kentucky
RECITALSRecapitalization Agreement • January 21st, 1997 • Falconite Inc • Illinois
1 EXHIBIT 10.21 SWING LINE NOTEFalconite Inc • January 21st, 1997
WITNESSETH:Falconite Inc • January 21st, 1997 • Kentucky
1 EXHIBIT 10.16Security Agreement • January 21st, 1997 • Falconite Inc • Kentucky
1 EXHIBIT 10.30 ADDENDUM TO AGREEMENT FOR WHOLESALE FINANCING This Addendum is made to that certain Agreement for Wholesale Financing entered into by and between M&M Properties, Inc. ("Dealer") and ITT Commercial Finance Corp. ("ITT") on July 28,...Agreement for Wholesale • January 21st, 1997 • Falconite Inc
ARTICLE IRevolving Credit and Term Loan Agreement • January 21st, 1997 • Falconite Inc • Kentucky
AGREEMENTAgreement • March 18th, 1997 • Falconite Inc • Services-miscellaneous equipment rental & leasing • New York
CITICORP LOGO] DEALER SECURITY AGREEMENT CITICORP DEALER FINANCE This Dealer Security Agreement ("Agreement"), made this 19th day of June, 1995 by and between CITICORP DEL-LEASE, INC., d/b/a Citicorp Dealer Finance (hereinafter referred to as...Dealer Security Agreement • January 21st, 1997 • Falconite Inc
EXHIBIT 10.14 CONTINUING UNLIMITED GUARANTY AGREEMENT WHEREAS, Falconite Equipment, Inc. (hereinafter referred to as "Borrower") has applied for credit, or is presently indebted or obligated to Southwest Bank of St. Louis (hereinafter referred to as...Continuing Unlimited Guaranty Agreement • January 21st, 1997 • Falconite Inc • Missouri
WITNESSETH:Falconite Inc • March 18th, 1997 • Services-miscellaneous equipment rental & leasing • Kentucky
EXHIBIT 10.34 [CITICORP LOGO] GUARANTY (FOR EXECUTION BY CORPORATION) For good and valuable consideration, the receipt of which is acknowledged, the undersigned (herein "Guarantor") unconditionally guarantees to* Citicorp Dealer Finance (herein...Falconite Inc • March 18th, 1997 • Services-miscellaneous equipment rental & leasing
AMENDMENT NO. 5 TO THE DEALER SECURITY AGREEMENTThe Dealer Security Agreement • March 18th, 1997 • Falconite Inc • Services-miscellaneous equipment rental & leasing
AMENDMENT NO. 1 TO THE DEALER SECURITY AGREEMENTThe Dealer Security Agreement • January 21st, 1997 • Falconite Inc
1 EXHIBIT 10.26 CORPORATE GUARANTYFalconite Inc • January 21st, 1997
1 Exhibit 10.4 REVOLVING CREDIT NOTE $5,000,000.00 Date: July 25, 1995 M&M PROPERTIES, INC. and McCURRY & FALCONITE EQUIPMENT CO., INC, (individually, "Borrower" and collectively, "Borrowers") for value received, unconditionally promise to jointly and...Falconite Inc • January 21st, 1997
1 EXHIBIT 10.42 CONTINUING GUARANTY THIS CONTINUING GUARANTY (this "Guaranty") is entered into this 19th day of February, 1997, by FALCONITE, INC., an Illinois corporation, whose address is 2525 Wayne Sullivan Drive, Paducah, Kentucky 42003 (the...Falconite Inc • March 18th, 1997 • Services-miscellaneous equipment rental & leasing • Kentucky
1 EXHIBIT 10.25 AIRCRAFT SECURITY AGREEMENT THIS AIRCRAFT SECURITY AGREEMENT ("AGREEMENT") is made and entered into as of 11-25-96, by and between GENERAL ELECTRIC CAPITAL CORPORATION, a New York corporation having an office at 1415 WEST 22ND STREET...Aircraft Security Agreement • January 21st, 1997 • Falconite Inc
1 EXHIBIT 10.11 SOUTHWEST BANK OF ST. LOUIS MASTER LEASE AGREEMENTMaster Lease Agreement • January 21st, 1997 • Falconite Inc • Missouri
1 EXHIBIT 10.28 AGREEMENT FOR WHOLESALE FINANCING (SECURITY AGREEMENT - ARBITRATION) This Agreement for Wholesale Financing ("Agreement") is made as of 28th July 1994 between ITT Commercial Finance Corp. ("ITT") and M & M Properties, Inc., a [ ] SOLE...Agreement for Wholesale Financing • January 21st, 1997 • Falconite Inc • Alabama
1 EXHIBIT 10.35 AMENDED AND RESTATED REVOLVING CREDIT NOTE $20,000,000.00 DATE: FEBRUARY 7, 1997 M&M PROPERTIES, INC. AND MCCURRY & FALCONITE EQUIPMENT CO., INC. (individually, "Borrower" and collectively, "Borrowers) for value received,...Falconite Inc • March 18th, 1997 • Services-miscellaneous equipment rental & leasing
1 EXHIBIT 10.8 AMENDED AND RESTATED REVOLVING CREDIT NOTE $9,000,000.00 DATE: SEPTEMBER 9, 1996 M&M PROPERTIES, INC. AND McCURRY & FALCONITE EQUIPMENT CO., INC. (individually, "Borrower" and collectively, "Borrowers") for value received,...Falconite Inc • January 21st, 1997
1 EXHIBIT 10.13 CONSENT AND ASSUMPTION AGREEMENT THIS CONSENT AND ASSUMPTION AGREEMENT (this "Agreement") is made and entered into as of the 31st day of December, 1996, by and among Erzinger Equipment Co., whose address is 4303 Bi- State Industrial...Consent and Assumption Agreement • January 21st, 1997 • Falconite Inc • Missouri
