SECOND AMENDED AND RESTATED WHOLESALE FINANCING AGREEMENTWholesale Financing Agreement • September 7th, 2004 • BRP Japan Co. Ltd. • Miscellaneous transportation equipment • New York
This Second Amended and Restated Wholesale Financing Agreement (this “Agreement”) is made as of this day of December, 2003 by and between BOMBARDIER MOTOR CORPORATION OF AMERICA (the “Supplier”) and BOMBARDIER CAPITAL INC. (“BC”).
LICENSE AGREEMENT Dated December 18, 2003License Agreement • September 7th, 2004 • BRP Japan Co. Ltd. • Miscellaneous transportation equipment • Quebec
WHEREAS Trade-mark Owner is the owner of the trade-marks set out in Schedule “A” hereto (hereinafter collectively referred to as the “Trade-mark”);
RECEIVABLES PURCHASE AGREEMENT Dated as of December 18, 2003 Among BRP RECEIVABLES FUNDING, LLC as the Seller and BOMBARDIER CAPITAL INC. as the initial Investor and Operating Agent and BOMBARDIER MOTOR CORPORATION OF AMERICA BOMBARDIER NORDTRAC AB...Receivables Purchase Agreement • September 7th, 2004 • BRP Japan Co. Ltd. • Miscellaneous transportation equipment • New York
BRP RECEIVABLES FUNDING, LLC, a Delaware limited liability company (the “Seller”), BOMBARDIER CAPITAL INC., a Massachusetts corporation, as an Investor and as operating agent (the “Operating Agent”) for the Investors, BOMBARDIER MOTOR CORPORATION OF AMERICA, a Delaware corporation, as an Originator and a Servicer, BOMBARDIER NORDTRAC AB, a Swedish incorporated company, as an Originator and a Servicer, BOMBARDIER NORDTRAC AS, a Norwegian incorporated company, as an Originator and a Servicer, BOMBARDIER-NORDTRAC OY, a Finnish limited liability company, as an Originator and a Servicer, and BOMBARDIER RECREATIONAL PRODUCTS INC., a Canadian corporation, as an Originator and the Parent Servicer, agree as follows:
MANAGEMENT AGREEMENTManagement Agreement • September 7th, 2004 • BRP Japan Co. Ltd. • Miscellaneous transportation equipment • Quebec
This Management Agreement (this “Agreement”) is entered into as of December 18, 2003 by and among J.A. Bombardier (J.A.B.) Inc., a corporation incorporated under the laws of Canada (“Holdings”), Bombardier Recreational Products Inc., a corporation incorporated under the laws of Canada (the “Company”), Beaudier Inc., a corporation incorporated under the laws of Canada (“Beaudier”), Bain Capital Partners, LLC, a Delaware limited liability company (“Bain Capital”) and Caisse de dépôt et placement du Québec (“CDP,” and together with Beaudier and Bain Capital the “Managers”).
PURCHASE AGREEMENT Dated as of December 18, 2003 Among BOMBARDIER MOTOR CORPORATION OF AMERICA BOMBARDIER NORDTRAC AB BOMBARDIER NORDTRAC AS and BOMBARDIER-NORDTRAC OY as Sellers and Servicers and BOMBARDIER RECREATIONAL PRODUCTS INC. as Seller and...Purchase Agreement • September 7th, 2004 • BRP Japan Co. Ltd. • Miscellaneous transportation equipment • Quebec
BOMBARDIER MOTOR CORPORATION OF AMERICA, a Delaware corporation, as a Seller and a Servicer, BOMBARDIER NORDTRAC AB, a Swedish incorporated company, as a Seller and a Servicer, BOMBARDIER NORDTRAC AS, a Norwegian incorporated company, as a Seller and a Servicer, BOMBARDIER-NORDTRAC OY, a Finnish limited liability company, as a Seller and a Servicer, and BOMBARDIER RECREATIONAL PRODUCTS INC., a Canadian corporation, as a Seller and the Parent Servicer, and BRP RECEIVABLES FUNDING, LLC, a Delaware limited liability company (the “Purchaser”), agree as follows:
UNANIMOUS SHAREHOLDERS AGREEMENT among J.A. Bombardier (J.A.B.) Inc., Bombardier Recreational Products Inc. and The Shareholders of J.A. Bombardier (J.A.B.) Inc. Dated as of December 18, 2003Unanimous Shareholders Agreement • September 7th, 2004 • BRP Japan Co. Ltd. • Miscellaneous transportation equipment
Now, therefore, in consideration of the mutual covenants and agreements herein contained, the parties to this Agreement hereby agree and understand as follows:
