ATD CORPORATION (a Delaware corporation) [—] Shares of Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • January 9th, 2015 • ATD Corp • Wholesale-motor vehicle supplies & new parts • New York
CREDIT AGREEMENT Dated as of March 28, 2014 among AMERICAN TIRE DISTRIBUTORS, INC., as Borrower, AMERICAN TIRE DISTRIBUTORS HOLDINGS, INC., as Holdings, each GUARANTOR from time to time party hereto, BANK OF AMERICA, N.A., as Administrative Agent, and...Credit Agreement • September 11th, 2014 • ATD Corp • Wholesale-motor vehicle supplies & new parts • New York
This CREDIT AGREEMENT (this “Agreement”) is entered into as of March 28, 2014 among AMERICAN TIRE DISTRIBUTORS HOLDINGS, INC., a Delaware corporation (“Holdings”; as hereinafter further defined), AMERICAN TIRE DISTRIBUTORS, INC., a Delaware corporation (the “Borrower”), the GUARANTORS from time to time party hereto, BANK OF AMERICA, N.A, as administrative agent (in such capacity, including any successor thereto, the “Administrative Agent”) under the Loan Documents, and each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”).
SIXTH AMENDED AND RESTATED CREDIT AGREEMENT Dated as of November 30, 2012 among THE FINANCIAL INSTITUTIONS PARTY HERETO, as the Lenders, and BANK OF AMERICA, N.A., as the Administrative Agent and Collateral Agent, and AMERICAN TIRE DISTRIBUTORS, INC....Credit Agreement • September 11th, 2014 • ATD Corp • Wholesale-motor vehicle supplies & new parts • New York
This SIXTH AMENDED AND RESTATED CREDIT AGREEMENT dated as of November 30, 2012 (this “Agreement”), is made by and among AMERICAN TIRE DISTRIBUTORS, INC., a Delaware corporation (the “Company”) and successor by merger to ATD Acquisition Co. III, a Delaware corporation, and successor by merger to The Bowlus Service Company, an Ohio corporation, ATD ACQUISITION CO. V INC., a corporation organized under the laws of Canada (the “Initial Canadian Borrower”), AMERICAN TIRE DISTRIBUTORS HOLDINGS, INC., a Delaware corporation (“Holdings”), each other subsidiary of the Company from time to time party hereto, the Lenders, and BANK OF AMERICA, N.A., as administrative agent for the Lenders hereunder and as collateral agent for the Secured Parties (in such capacities, together with its successors in such capacities, the “Agent”).
INCREMENTAL AMENDMENT NO. 1Credit Agreement • July 25th, 2014 • ATD Corp • Wholesale-motor vehicle supplies & new parts • New York
This CREDIT AGREEMENT (this “Agreement”) is entered into as of March 28, 2014 among AMERICAN TIRE DISTRIBUTORS HOLDINGS, INC., a Delaware corporation (“Holdings”; as hereinafter further defined), AMERICAN TIRE DISTRIBUTORS, INC., a Delaware corporation (the “Borrower”), the GUARANTORS from time to time party hereto, BANK OF AMERICA, N.A, as administrative agent (in such capacity, including any successor thereto, the “Administrative Agent”) under the Loan Documents, and each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”).
SECURITY AGREEMENT dated as of March 28, 2014 among AMERICAN TIRE DISTRIBUTORS HOLDINGS, INC., AMERICAN TIRE DISTRIBUTORS, INC., THE SUBSIDIARY GUARANTORS FROM TIME TO TIME PARTY HERETO and BANK OF AMERICA, N.A., as Term Collateral AgentSecurity Agreement • July 25th, 2014 • ATD Corp • Wholesale-motor vehicle supplies & new parts • New York
This SECURITY AGREEMENT (this “Security Agreement”) is entered into as of March 28, 2014 among AMERICAN TIRE DISTRIBUTORS HOLDINGS, INC., a Delaware corporation (“Holdings”), AMERICAN TIRE DISTRIBUTORS, INC., a Delaware corporation (the “Company”), the Subsidiary Guarantors from time to time party hereto and BANK OF AMERICA, N.A., as collateral agent for the Term Secured Parties (in such capacity, together with its successors in such capacity, the “Term Collateral Agent”).
AMENDED AND RESTATED STOCKHOLDERS AGREEMENT of ATD CORPORATION dated as of [ ], 2014Stockholders Agreement • August 19th, 2014 • ATD Corp • Wholesale-motor vehicle supplies & new parts • New York
THIS AMENDED AND RESTATED STOCKHOLDERS AGREEMENT (this “Agreement”) is entered as of [ ], 2014, among ATD Corporation, a Delaware corporation (the “Company”), TPG Accelerate V, L.P. and TPG Accelerate VI, L.P. (each, together with its respective Affiliates, a “TPG Investor” and collectively, the “TPG Investors”).
REGISTRATION RIGHTS AGREEMENT OF ACCELERATE PARENT CORP. DATED AS OF MAY 28, 2010Addendum Agreement • August 19th, 2014 • ATD Corp • Wholesale-motor vehicle supplies & new parts • New York
REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of May 28, 2010, is by and among Accelerate Parent Corp., a Delaware corporation (the “Company”), and each of the parties listed on the signature pages hereto. Each of the Persons listed on the signature pages hereto (other than the Company) and any other Person who may become a party hereto pursuant to Section 12(c) are referred to individually as a “Stockholder” and collectively as the “Stockholders”.
SECURITY AGREEMENT dated as of March 28, 2014 among AMERICAN TIRE DISTRIBUTORS HOLDINGS, INC., AMERICAN TIRE DISTRIBUTORS, INC., THE SUBSIDIARY GUARANTORS FROM TIME TO TIME PARTY HERETO and BANK OF AMERICA, N.A., as Term Collateral AgentSecurity Agreement • June 16th, 2014 • ATD Corp • New York
This SECURITY AGREEMENT (this “Security Agreement”) is entered into as of March 28, 2014 among AMERICAN TIRE DISTRIBUTORS HOLDINGS, INC., a Delaware corporation (“Holdings”), AMERICAN TIRE DISTRIBUTORS, INC., a Delaware corporation (the “Company”), the Subsidiary Guarantors from time to time party hereto and BANK OF AMERICA, N.A., as collateral agent for the Term Secured Parties (in such capacity, together with its successors in such capacity, the “Term Collateral Agent”).
INDEMNIFICATION AGREEMENTIndemnification Agreement • August 19th, 2014 • ATD Corp • Wholesale-motor vehicle supplies & new parts
This Indemnification Agreement (“Agreement”) is made and entered into as of [DATE] by and among ATD Corporation, a Delaware corporation (the “Company”), Accelerate Holdings Corp., a Delaware corporation, American Tire Distributors Holdings, Inc., a Delaware corporation (together with Accelerate Holdings Corporation, the “Intermediate Holdcos”), American Tire Distributors, Inc., a Delaware corporation (“Opco”, and together with the Company and the Intermediate Holdcos, the “ATD Companies” and each an “ATD Company”), and [NAME OF DIRECTOR] (“Indemnitee”).
