H&E Equipment Services, Inc. Sample Contracts

H&E Equipment Services, Inc. – News Release (February 21st, 2019)

BATON ROUGE, Louisiana — (February 21, 2019) — H&E Equipment Services, Inc. (NASDAQ: HEES) today announced results for the fourth quarter and year ended December 31, 2018.

H&E Equipment Services, Inc. – FIRST AMENDMENT TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENT (February 4th, 2019)

This FIRST AMENDMENT TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) is dated as of February 1, 2019, by and among:

H&E Equipment Services, Inc. – News Release (October 25th, 2018)

BATON ROUGE, Louisiana — (October 25, 2018) — H&E Equipment Services, Inc. (NASDAQ: HEES) today announced results for the third quarter ended September 30, 2018.

H&E Equipment Services, Inc. – News Release (July 26th, 2018)

BATON ROUGE, Louisiana — (July 26, 2018) — H&E Equipment Services, Inc. (NASDAQ: HEES) today announced results for the second quarter ended June 30, 2018.

H&E Equipment Services, Inc. – News Release (April 26th, 2018)

BATON ROUGE, Louisiana — (April 26, 2018) — H&E Equipment Services, Inc. (NASDAQ: HEES) today announced results for the first quarter ended March 31, 2018.

H&E Equipment Services, Inc. – News Release (February 22nd, 2018)

BATON ROUGE, Louisiana — (February 22, 2018) — H&E Equipment Services, Inc. (NASDAQ: HEES) today announced results for the fourth quarter and year ended December 31, 2017.

H&E Equipment Services, Inc. – FIFTH AMENDED AND RESTATED CREDIT AGREEMENT by and among (December 27th, 2017)
H&E Equipment Services, Inc. – H&E EQUIPMENT SERVICES, INC. 5.6250% Senior Notes due 2025 REGISTRATION RIGHTS AGREEMENT (November 22nd, 2017)
H&E Equipment Services, Inc. – H&E EQUIPMENT SERVICES, INC. ANNOUNCES CLOSING OF ADD-ON SENIOR NOTES OFFERING (November 22nd, 2017)

The New Notes were issued as additional notes under an indenture dated as of August 24, 2017 pursuant to which the Company previously issued $750,000,000 in aggregate principal amount of its 5.625% senior notes due 2025 (the “Existing Notes”). The New Notes have identical terms to the Existing Notes, other than the issue date and the issue price, and form a part of a single class of notes with the Existing Notes for all purposes under the indenture.

H&E Equipment Services, Inc. – H&E EQUIPMENT SERVICES, INC. ANNOUNCES PRICING OF ADD-ON SENIOR NOTES OFFERING (November 20th, 2017)

The New Notes will be issued as additional notes under an indenture dated as of August 24, 2017 pursuant to which the Company previously issued $750 million in aggregate principal amount of its 5.625% senior notes due 2025 (the “Existing Notes”). The New Notes will have identical terms to the Existing Notes, other than the issue date and the issue price and will be treated as a single class of notes with the Existing Notes for all purposes under the indenture.

H&E Equipment Services, Inc. – H&E EQUIPMENT SERVICES, INC. ANNOUNCES COMMENCEMENT OF ADD-ON OFFERING OF SENIOR NOTES (November 20th, 2017)

BATON ROUGE, Louisiana — (November 20, 2017) — H&E Equipment Services, Inc. (NASDAQ: HEES) (the “Company” or “H&E”) today announced that it commenced an offering through a private placement, subject to market and other conditions, of $200 million in aggregate principal amount of its 5.625% Senior Notes due 2025 (the “New Notes”).

H&E Equipment Services, Inc. – AMENDMENT NO. 3 (November 20th, 2017)

This AMENDMENT NO. 3 (this “Agreement”) to the Fourth Amended and Restated Credit Agreement, dated as of May 21, 2014 (as amended by that certain Amendment No. 1 dated as of February 5, 2015, that certain letter amendment dated as of November 29, 2016, as amended by that certain Amendment No. 2 and Consent dated as of August 17, 2017, and as the same may have been further amended, restated, supplemented or otherwise modified from time to time before the date hereof, the “Original Credit Agreement”, and as the Original Credit Agreement is amended hereby and further amended, supplemented, amended and restated or otherwise modified from time to time, the “Credit Agreement”), by and among H&E EQUIPMENT SERVICES, INC., a Delaware corporation (“H&E Delaware”), GREAT NORTHERN EQUIPMENT, INC., a Montana corporation (“Great Northern”), H&E EQUIPMENT SERVICES (CALIFORNIA), LLC, a Delaware limited liability company (“H&E California” and, together with H&E Delaware and Great Northern, each, a “Bor

H&E Equipment Services, Inc. – News Release (October 26th, 2017)

BATON ROUGE, Louisiana — (October 26, 2017) — H&E Equipment Services, Inc. (NASDAQ: HEES) today announced results for the third quarter ended September 30, 2017. In the third quarter of 2017, the Company completed its successful offering of new 8-year 5.625% senior unsecured notes and the repurchase and redemption of its previously outstanding 7% senior unsecured notes. The Company’s operating results for this quarter include a $25.4 million non-recurring item associated with the premiums paid to repurchase and redeem the old notes and the write-off of unamortized note discount and deferred transaction costs associated therewith and $8.7 million of income, net of merger costs, resulting from the previously announced termination of our merger agreement with Neff Corporation.

H&E Equipment Services, Inc. – H&E EQUIPMENT SERVICES, INC. 5.6250% Senior Notes due 2025 REGISTRATION RIGHTS AGREEMENT (August 24th, 2017)
H&E Equipment Services, Inc. – H&E EQUIPMENT SERVICES, INC. ANNOUNCES CLOSING OF SENIOR NOTES OFFERING AND SETTLEMENT OF TENDER OFFER (August 24th, 2017)

BATON ROUGE, Louisiana — (August 24, 2017) — H&E Equipment Services, Inc. (NASDAQ: HEES) (the “Company” or “H&E”) today announced the closing of an offering of $750 million aggregate principal amount of 5.6250% senior notes due 2025 (the “New Notes”) in an unregistered offering through a private placement and the settlement of its previously announced cash tender offer (the “Tender Offer”) with respect to its existing 7% senior notes due 2022 (the “Old Notes”).

H&E Equipment Services, Inc. – H&E EQUIPMENT SERVICES, INC. AND EACH OF THE GUARANTORS PARTY HERETO 5.6250% SENIOR NOTES DUE 2025 INDENTURE Dated as of August 24, 2017 The Bank of New York Mellon Trust Company, N.A. Trustee (August 24th, 2017)

INDENTURE dated as of August 24, 2017 among H&E Equipment Services, Inc., a Delaware corporation (the “Company”), the Guarantors (as defined below) and The Bank of New York Mellon Trust Company, N.A., a national banking association, as trustee (the “Trustee”).

H&E Equipment Services, Inc. – AMENDMENT NO. 2 AND CONSENT (August 18th, 2017)

This AMENDMENT NO. 2 AND CONSENT (this “Agreement”) to the Fourth Amended and Restated Credit Agreement, dated as of May 21, 2014 (as amended by that certain Amendment No. 1 dated as of February 5, 2015, that certain letter amendment dated as of November 29, 2016, and as the same may have been further amended, restated, supplemented or otherwise modified from time to time before the date hereof, the “Original Credit Agreement”, and as the Original Credit Agreement is amended hereby and further amended, supplemented, amended and restated or otherwise modified from time to time, the “Credit Agreement”), by and among H&E EQUIPMENT SERVICES, INC., a Delaware corporation (“H&E Delaware”), GREAT NORTHERN EQUIPMENT, INC., a Montana corporation (“Great Northern”), H&E EQUIPMENT SERVICES (CALIFORNIA), LLC, a Delaware limited liability company (“H&E California” and, together with H&E Delaware and Great Northern, each, a “Borrower” and, collectively, the “Borrowers”), the other Credit Parties nam

H&E Equipment Services, Inc. – H&E EQUIPMENT SERVICES, INC. ANNOUNCES PRICING OF SENIOR NOTES OFFERING (August 18th, 2017)

BATON ROUGE, Louisiana — (August 18, 2017) — H&E Equipment Services, Inc. (NASDAQ: HEES) (the “Company”) today announced the pricing of $750,000,000 aggregate principal amount of its senior notes due 2025 (the “Notes”) in an unregistered offering (the “Offering”). The Notes will pay interest semi-annually at a rate of 5.625% per annum. The Notes will be senior unsecured obligations of the Company and will be guaranteed by certain of its domestic restricted subsidiaries. The Offering is expected to close on August 24, 2017, subject to the satisfaction of customary closing conditions.

H&E Equipment Services, Inc. – H&E EQUIPMENT SERVICES, INC. ANNOUNCES COMMENCEMENT OF OFFERING OF SENIOR NOTES (August 17th, 2017)

The Company expects to use the net proceeds from the offering to pay the consideration payable to purchase its existing 7% senior notes due 2022 (the “Existing Notes”) tendered and accepted for purchase in the Company’s tender offer for the Existing Notes or otherwise redeem, repurchase or discharge the Existing Notes, to pay fees and expenses incurred in connection with the foregoing and the Notes offering and to repay a portion of the amounts outstanding under its existing ABL credit facility.

H&E Equipment Services, Inc. – News Release (July 27th, 2017)

BATON ROUGE, Louisiana — (July 27, 2017) — H&E Equipment Services, Inc. (NASDAQ: HEES) today announced results for the second quarter ended June 30, 2017.

H&E Equipment Services, Inc. – EXCHANGE AND TERMINATION AGREEMENT (July 14th, 2017)

This Exchange and Termination Agreement (this “Agreement”), is entered into as of July 14, 2017, by and among H&E Equipment Services, Inc., a Delaware corporation (“Parent”), Neff Corporation (“Company”), Neff Holdings LLC (“Holdings”), the holders of LLC Options (the “LLC Optionholders”) and Mark Irion (the “Management Representative”). The parties to this Agreement are referred to herein as the “Parties” or, each individually, a “Party.” Any capitalized terms used but not defined herein shall have the meanings set forth in the Agreement and Plan of Merger (the “Merger Agreement”), dated as of the date hereof, by and among Parent, Company, and Yellow Iron Merger Co., a Delaware corporation and wholly owned subsidiary of Parent (“Merger Sub”), as the Merger Agreement is in effect on the date hereof.

H&E Equipment Services, Inc. – Wells Fargo Bank, National Association 1100 Abernathy Road, Suite 1600 Atlanta, GA 30328 WF Investment Holdings, LLC 550 S. Tryon Street Charlotte, NC 28202 Wells Fargo Securities, LLC 550 S. Tryon Street Charlotte, NC 28202 (July 14th, 2017)

You have further advised us that the total funds needed to (a) finance the Acquisition, (b) refinance certain existing indebtedness of the Company and its subsidiaries and of the Acquired Company and its subsidiaries, including without limitation, (i) the Company’s Existing Credit Agreement, (ii) that certain Second Amended and Restated Senior Secured Credit Agreement, dated as of October 1, 2010, as amended and restated as of November 20, 2013, as further amended and restated as of February 25, 2016, among Neff LLC, Neff Holdings LLC, the other Credit Parties (as defined therein) party thereto, the Lenders (as defined therein) party thereto from time to time and Bank of America, N.A., as administrative agent and collateral agent, and (iii) that certain Second Lien Credit Agreement, dated as of June 9, 2014, among Neff Holdings LLC, Neff LLC, Neff Rental LLC, the Lenders party thereto, Credit Suisse AG as

H&E Equipment Services, Inc. – AGREEMENT AND PLAN OF MERGER by and among H&E EQUIPMENT SERVICES, INC. NEFF CORPORATION, AND YELLOW IRON MERGER CO. Dated as of July 14, 2017 (July 14th, 2017)

AGREEMENT AND PLAN OF MERGER, dated as of July 14, 2017 (this “Agreement”), by and among H&E Equipment Services, Inc., a Delaware corporation (“Parent”), Neff Corporation, a Delaware corporation (“Company”), and Yellow Iron Merger Co., a Delaware corporation and a direct, wholly owned subsidiary of Parent (“Merger Sub”). Capitalized terms used and not otherwise defined herein have the meanings set forth in Article IX below.

H&E Equipment Services, Inc. – SUPPORT AGREEMENT (July 14th, 2017)

This Support Agreement (this “Agreement”) is entered into as of July 14, 2017, by and among (a) H&E Equipment Services, Inc., a Delaware corporation (“Parent”), and (b)(i) Wayzata Opportunities Fund II, L.P. (“Opportunities Fund”) and (ii) Wayzata Opportunities Fund Offshore II, L.P. (“Opportunities Fund Offshore” and, together with Opportunities Fund, the “Stockholders” and each individually, a “Stockholder”). Defined terms used but not defined herein shall have the meanings set forth in the Agreement and Plan of Merger (the “Merger Agreement”), dated as of the date hereof, by and among Parent, Neff Corporation (the “Company”), and Yellow Iron Merger Co., a Delaware corporation and wholly owned subsidiary of Parent (“Merger Sub”), as the Merger Agreement is in effect on the date hereof.

H&E Equipment Services, Inc. – EXCHANGE AND TERMINATION AGREEMENT (July 14th, 2017)

This Exchange and Termination Agreement (this “Agreement”), is entered into as of July 14, 2017, by and among H&E Equipment Services, Inc., a Delaware corporation (“Parent”), Wayzata Opportunities Fund II, L.P. (“Opportunities Fund”), Wayzata Opportunities Fund Offshore II, L.P. (“Opportunities Fund Offshore” and, together with Opportunities Fund, the “Stockholders” and each individually, a “Stockholder”), Neff Corporation (“Company”), and Neff Holdings LLC (“Holdings”). The parties to this Agreement are referred to herein as the “Parties” or, each individually, a “Party.” Any capitalized terms used but not defined herein shall have the meanings set forth in the Agreement and Plan of Merger (the “Merger Agreement”), dated as of the date hereof, by and among Parent, Company, and Yellow Iron Merger Co., a Delaware corporation and wholly owned subsidiary of Parent (“Merger Sub”), as the Merger Agreement is in effect on the date hereof.

H&E Equipment Services, Inc. – News Release (May 22nd, 2017)

The Company is one of the largest integrated equipment services companies in the United States with 78 full-service facilities throughout the West Coast, Intermountain, Southwest, Gulf Coast, Mid-Atlantic and Southeast regions. The Company is focused on heavy construction and industrial equipment and rents, sells and provides parts and services support for four core categories of specialized equipment: (1) hi-lift or aerial platform equipment; (2) cranes; (3) earthmoving equipment; and (4) industrial lift trucks. By providing equipment rental, sales, on-site parts, repair and maintenance functions under one roof, the Company is a one-stop provider for its customers’ varied equipment needs. This full service approach provides the Company with multiple points of customer contact, enabling it to maintain a high quality rental fleet, as well as an effective distribution channel for fleet disposal and provides cross-selling opportunities among its new and used equipment sales, rental, parts

H&E Equipment Services, Inc. – News Release (April 27th, 2017)

BATON ROUGE, Louisiana — (April 27, 2017) — H&E Equipment Services, Inc. (NASDAQ: HEES) today announced results for the first quarter ended March 31, 2017.

H&E Equipment Services, Inc. – News Release Contacts: Leslie S. Magee Chief Financial Officer lmagee@he- equipment.com Kevin S. Inda Vice President of Investor Relations kinda@he- equipment.com (February 23rd, 2017)

BATON ROUGE, Louisiana — (February 23, 2017) — H&E Equipment Services, Inc. (NASDAQ: HEES) today announced results for the fourth quarter and year ended December 31, 2016.

H&E Equipment Services, Inc. – News Release (May 4th, 2016)

BATON ROUGE, Louisiana – (May 4, 2016) – H&E Equipment Services, Inc. (NASDAQ: HEES) (the “Company”) announced that the Company has extended, until 5:00 p.m., New York City time, on May 11, 2016, the expiration time for its previously announced solicitation of consents (the “Consent Solicitation”)from holders of its 7.00% Senior Notes due 2022, CUSIP No. 404030 AE8 (the “Notes”), to a proposed amendment to the indenture, dated as of August 20, 2012, under which the Notes were issued.

H&E Equipment Services, Inc. – News Release (April 28th, 2016)

BATON ROUGE, Louisiana – (April 28, 2016) – H&E Equipment Services, Inc. (NASDAQ: HEES) today announced results for the first quarter ended March 31, 2016.

H&E Equipment Services, Inc. – News Release (April 21st, 2016)

BATON ROUGE, Louisiana – (April 21, 2016) – H&E Equipment Services, Inc. (NASDAQ: HEES) (the “Company”) today announced that it has commenced a consent solicitation (the “Consent Solicitation”) from holders (the “Holders”) of record as of 5:00 p.m., New York City time, on April 20, 2016 (the “Record Date”), of its 7% senior notes due 2022, CUSIP No. 404030 AD0 (the “Notes”) to obtain approval of a proposed amendment (the “Proposed Amendment”) to the indenture, dated as of August 20, 2012 (the “Indenture”), by and among the Company, the guarantors party thereto (the “Guarantors”), and The Bank of New York Mellon Trust Company, N.A., as trustee (the “Trustee”), under which the Notes were issued. The valid consent (which has not been revoked) of the Holders of at least a majority in aggregate principal amount of the outstanding Notes on the Record Date voting as a single class (the “Requisite Consent”) is required pursuant to the terms of the Indenture for the adoption of the Proposed Ame

H&E Equipment Services, Inc. – H&E EQUIPMENT SERVICES, INC. AMENDED AND RESTATED 2006 STOCK-BASED INCENTIVE COMPENSATION PLAN AMENDMENT NO. 2 (February 25th, 2016)

Pursuant to the authority reserved to it in Section X of the 2006 Stock-Based Incentive Compensation Plan, as amended and restated, effective June 6, 2006 (the “Plan”), the Board of Directors of H&E Equipment Services, Inc. (the “Company”) hereby amends the Plan as follows, effective November 30, 2015:

H&E Equipment Services, Inc. – RESTRICTIVE COVENANT AGREEMENT (February 25th, 2016)

In consideration of the restricted stock (the “Restricted Stock”) granted to Leslie S. Magee (the “Executive”) on October 12, 2015 by H&E Equipment Services, Inc., a Delaware corporation (the “Company”), pursuant to the grant award letter attached hereto as Exhibit A and for other valuable consideration the sufficiency of which is hereby acknowledged, intending to be legally bound, the Executive agrees to the terms and conditions set forth in this Restrictive Covenant Agreement (this “Agreement”).

H&E Equipment Services, Inc. – News Release (February 25th, 2016)

BATON ROUGE, Louisiana – (February 25, 2016) – H&E Equipment Services, Inc. (NASDAQ: HEES) today announced results for the fourth quarter and year ended December 31, 2015.

H&E Equipment Services, Inc. – News Release (February 12th, 2016)

The Company is one of the largest integrated equipment services companies in the United States with 77 full-service facilities throughout the West Coast, Intermountain, Southwest, Gulf Coast, Mid-Atlantic and Southeast regions. The Company is focused on heavy construction and industrial equipment and rents, sells and provides parts and services support for four core categories of specialized equipment: (1) hi-lift or aerial platform equipment; (2) cranes; (3) earthmoving equipment; and (4) industrial lift trucks. By providing equipment rental, sales, on-site parts, repair and maintenance functions under one roof, the Company is a one-stop provider for its customers' varied equipment needs. This full service approach provides the Company with multiple points of customer contact, enabling it to maintain a high quality rental fleet, as well as an effective distribution channel for fleet disposal and provides cross-selling opportunities among its new and used equipment sales, rental, parts