Ameriquest, Inc. Sample Contracts

Ameriquest, Inc. – AMERIQUEST, INC. Common Stock UNDERWRITING AGREEMENT (January 20th, 2016)
Ameriquest, Inc. – AMENDMENT NO. 2 TO SHAREHOLDERS AGREEMENT (January 12th, 2016)

THIS AMENDMENT NO. 2 TO SHAREHOLDERS AGREEMENT (the “Amendment No. 2”) is entered into as of December 18, 2015 by and among AmeriQuest, Inc., a Delaware corporation (the “Company”) and Douglas Clark (“Mr. Clark”).

Ameriquest, Inc. – FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (January 12th, 2016)

This Fourth Amendment to Loan and Security Agreement (this “Amendment”) is entered into as of December 18, 2015 by and among AmeriQuest Business Services, Inc., a New Jersey corporation (the “Company”), Corcentric Collective Business System Corp., a Virginia corporation (“Corcentric”), AmeriQuest Leasing & Maintenance, Inc., a Delaware corporation d/b/a Cure Leasing & Maintenance (“Cure Leasing”), AmeriQuest Remarketing Services, Inc., a Florida corporation (“AmeriQuest Remarketing”), AmeriQuest, Inc., a Delaware corporation (“Company Parent”; and together with the Company, Corcentric, Cure Leasing, and AmeriQuest Remarketing, collectively, the “Borrowers” and each individually, a “Borrower”), the other parties from time to time signatory hereto as Obligors, the financial institutions signatory hereto (collectively, the “Lenders” and each individually, a “Lender”), and Bank of America, N.A., as agent for the Lenders (“Agent”).

Ameriquest, Inc. – LEASE BRANDYWINE REALTY TRUST Landlord and AMTRALEASE TRUCK LEASING SERVICES CORP., T/A AMERIQUEST, Tenant for Suite 220 LIBERTYVIEW 457 Haddonfield Road Cherry Hill, New Jersey (November 9th, 2015)

THIS LEASE (“Lease”) entered into as of the 14 day of January, 1999, between BRANDYWINE REALTY TRUST, a Maryland real estate investment trust (“Landlord”), and AmtraLease Truck Leasing Services Corp., t/a Ameriquest, with its principal place of business at 457 Haddonfield Road, Cherry Hill, New Jersey (“Tenant”).

Ameriquest, Inc. – STOCK PURCHASE AND SHAREHOLDERS AGREEMENT (November 9th, 2015)

This agreement made as of this 1st day of June, 1999 by and among Amtralease Truck Leasing Services Corp., a New Jersey corporation (“Ameriquest”) and Douglas Clark (the “Shareholder”).

Ameriquest, Inc. – AMERIQUEST, INC. SEVERANCE AND CHANGE IN CONTROL AGREEMENT (November 9th, 2015)

This Severance and Change in Control Agreement (the “Agreement”) is made and entered into by and between [       ] (“Executive”) and AmeriQuest, Inc. (the “Company”), effective as of [DATE] (the “Effective Date”).

Ameriquest, Inc. – AMERIQUEST, INC. 2015 EMPLOYEE STOCK PURCHASE PLAN (November 9th, 2015)
Ameriquest, Inc. – (Page 1 of 13) (November 9th, 2015)
Ameriquest, Inc. – BORROWER’S NAME AND ADDRESS (November 9th, 2015)

This Master Loan and Security Agreement (this “Agreement”) is entered into as of 3/29/2012 by and between AMERLQUEST LEASING & MAINTENANCE, INC. (“Borrower,” and if more than one, jointly and severally, the “Borrower”), whose principal place of business is at the address set forth above, and Volvo Financial Services, a division of VFS US LLC, a Delaware limited liability company, (“Lender”), at 7025 Albert Pick Road Suite 105, PO Box 26131, Greensboro, North Carolina 27402-6131 (“Lender”),

Ameriquest, Inc. – AMERIQUEST TRANSPORTATION SERVICES, INC. AMENDED AND RESTATED EMPLOYEE STOCK PURCHASE PLAN 2011 (November 9th, 2015)

The Board of Directors of AmeriQuest Transportation Services, Inc. (the “Company”) has adopted this Amended and Restated Employee Stock Purchase Plan 2011 (the “Plan”) to enable individuals who are full-time employees of the Company (the “Employees”), to use portions of the bonuses paid to such Employees for such employment, to purchase shares of the Company’s common stock, $0.0005 par value per share (the “Common Stock”).  The purpose of the Plan is to benefit the Company’s growth and success and to enable the Company to continue to attract highly qualified persons as employees of the Company.  The provisions of the Plan are set forth below.

Ameriquest, Inc. – SHAREHOLDERS’ AGREEMENT (November 9th, 2015)

THIS AGREEMENT made as of this              day of                         ,              by and among A MERIQUEST TRANSPORTATION & LOGISTICS RESOURCES CORPORATION, a New Jersey corporation (the “Company”) and all other persons who have executed this Agreement (hereinafter sometimes referred to individually as a “Shareholder” and collectively as the “Shareholders”).

Ameriquest, Inc. – CREDIT AGREEMENT New York (November 9th, 2015)

Borrower: AMERIQUEST REMARKETING SERVICES, INC., a Florida corporation with its chief executive office at 12530 West Atlantic Boulevard, Coral Springs, FL 33071.  Attention:  Mark Joyce, Executive Vice President & Chief Financial Officer.

Ameriquest, Inc. – AMERIQUEST, INC. 2015 EQUITY INCENTIVE PLAN (November 9th, 2015)
Ameriquest, Inc. – AMENDED AND RESTATED BYLAWS OF AMERIQUEST, INC. (initially adopted on April 9, 2015) (as amended effective as of the closing of the corporation’s initial public offering) (November 9th, 2015)
Ameriquest, Inc. – OFFICE LEASE NOTICE: (November 9th, 2015)

This Lease is made this 31st day of May, 2012 (“Effective Date”) by and between LBUBS 2005-05 WARRENVILLE ROAD, LLC, an Illinois limited liability Company (“Landlord”) and AmeriQuest Transportation Services, Inc.  f/k/a AmeriQuest Transportation & Logistics Resources Corp., a New Jersey corporation (“Tenant”).

Ameriquest, Inc. – AMERIQUEST, INC. INDEMNIFICATION AGREEMENT (November 9th, 2015)

This Indemnification Agreement (this “Agreement”) is dated as of [insert date], and is between AmeriQuest, Inc., a Delaware corporation (the “Company”), and the undersigned (“Indemnitee”).

Ameriquest, Inc. – APPLICATION SERVICES AGREEMENT (November 9th, 2015)

THIS APPLICATION SERVICES AGREEMENT (the “Agreement”) is made as of February 3, 2012, (the “Effective Date”), by and between Corcentric Collective Business Systems, Inc., a Virginia corporation having its principal place of business at 8300 Greensboro Dr., Suite 950, McLean, Virginia 22102 (“Corcentric”), and Daimler Trucks North America LLC, a limited liability company having its principal place of business at 4747 N. Channel Avenue, Portland, Oregon 97217 (“DTNA”).

Ameriquest, Inc. – Daimler Truck Financial Form OF Note and Security Agreement (Multi-State) Date: Quote #: TFFF2508 D (November 9th, 2015)

LENDER: Mercedes-Benz Financial Services USA LLC (13650 Heritage Parkway, Fort Worth, Texas 76177), and its successors, transferees and assigns,

Ameriquest, Inc. – AMERIQUEST, INC. 2015 EQUITY INCENTIVE PLAN RESTRICTED STOCK AGREEMENT NOTICE OF RESTRICTED STOCK GRANT (November 9th, 2015)

Unless otherwise defined herein, the terms defined in the AmeriQuest, Inc. 2015 Equity Incentive Plan (the “Plan”) will have the same defined meanings in this Restricted Stock Agreement (the “Agreement”), including the Notice of Restricted Stock Grant (the “Notice of Grant”) and Terms and Conditions of Restricted Stock Grant, attached hereto as Exhibit A.

Ameriquest, Inc. – LOAN AND SECURITY AGREEMENT Dated as of December 4, 2012 among AMERIQUEST BUSINESS SERVICES, INC., CORCENTRIC COLLECTIVE BUSINESS SYSTEM CORP., AMERIQUEST LEASING & MAINTENANCE, INC., and AMERIQUEST REMARKETING SERVICES, INC., as Borrowers THE OTHER PARTIES SIGNATORY HERETO AS OBLIGORS, CERTAIN FINANCIAL INSTITUTIONS, as Lenders BANK OF AMERICA, N.A., as Agent UNION BANK, N.A., as Documentation Agent and MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, as Lead Arranger and Book Manager (November 9th, 2015)

THIS LOAN AND SECURITY AGREEMENT is dated as of December 4, 2012, among AMERIQUEST BUSINESS SERVICES, INC., a New Jersey corporation (the “Company”), CORCENTRIC COLLECTIVE BUSINESS SYSTEM CORP., a Virginia corporation (“Corcentric”), AMERIQUEST LEASING & MAINTENANCE, INC., a Delaware corporation d/b/a Cure Leasing & Maintenance (“Cure Leasing”), AMERIQUEST REMARKETING SERVICES, INC., a Florida corporation (“AmeriQuest Remarketing” and together with the Company, Corcentric, Cure Leasing, and AmeriQuest Remarketing, collectively, “Borrowers”), the other parties from time to time signatory hereto as Obligors, the financial institutions party to this Agreement from time to time as lenders (collectively, “Lenders”), BANK OF AMERICA, N.A., a national banking association, as agent for the Lenders (“Agent”), and MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, as Lead Arranger and Book Manager (“MLPF&S”).

Ameriquest, Inc. – AMERIQUEST TRANSPORTATION SERVICES, INC. EQUITY AND INCENTIVE PLAN (March 27, 2008 amendment and restatement) (November 9th, 2015)
Ameriquest, Inc. – Loan and Security Agreement Loan No.: 6225 (November 9th, 2015)

THIS LOAN AND SECURITY AGREEMENT (the “Agreement”) is entered into as of this 3 day of February, 2011, by and between AMERIQUEST TRANSPORTATION SERVICES, INC., AMERIQUEST LEASING & MAINTENANCE, INC. (hereinafter referred to individually and ‘collectively as “Borrower”) with an address at One South Summit Avenue, Oakbrook Terrace, IL 60181, 6195 Crooked Creek Road, Norcross, GA 30092 and PNC EQUIPMENT FINANCE, LLC (“Lender”), with an address at 1000 Westlakes Drive, Suite 200, Berwyn, PA 19312.

Ameriquest, Inc. – EMPLOYMENT CONTRACT (November 9th, 2015)

AGREEMENT made this 1st day of June, 1999, to be effective January 1, 1999, between AMTRALEASE TRUCK LEASING SERVICES CORP. (“AMERIQUEST”) and DOUGLAS CLARK (“EXECUTIVE”).

Ameriquest, Inc. – CERTIFICATE OF INCORPORATION OF AMERIQUEST, INC. (November 9th, 2015)

The address of the Corporation’s registered office in the State of Delaware is Corporation Trust Center, 1209 Orange Street, in the City of Wilmington, County of New Castle, Delaware 19801. The name of the registered agent at such address is The Corporation Trust Company.

Ameriquest, Inc. – AMERIQUEST TRANSPORTATION SERVICES, INC. NON-EMPLOYEE DIRECTOR STOCK PURCHASE PLAN 2011 (November 9th, 2015)

The Board of Directors of AmeriQuest Transportation Services, Inc. (the “Company”) has adopted this Non-Employee Director Stock Purchase Plan 2011 (the “Plan”) to enable individuals who serve as non-employee directors of the Company (the “Directors”), through the retention by the Company of fees paid to such Directors for services as directors, to purchase shares of the Company’s common stock, $0.0005 par value per share (the “Common Stock”).  The purpose of the Plan is to benefit the Company’s growth and success and to enable the Company to continue to attract highly qualified persons to serve as Directors.  The provisions of the Plan are set forth below.

Ameriquest, Inc. – LOAN AND SECURITY AGREEMENT Dated as of December 4, 2012 among AMERIQUEST BUSINESS SERVICES, INC., CORCENTRIC COLLECTIVE BUSINESS SYSTEM CORP., AMERIQUEST LEASING & MAINTENANCE, INC., and AMERIQUEST REMARKETING SERVICES, INC., as Borrowers THE OTHER PARTIES SIGNATORY HERETO AS OBLIGORS, CERTAIN FINANCIAL INSTITUTIONS, as Lenders BANK OF AMERICA, N.A., as Agent UNION BANK, N.A., as Documentation Agent and MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, as Lead Arranger and Book Manager (October 16th, 2015)

THIS LOAN AND SECURITY AGREEMENT is dated as of December 4, 2012, among AMERIQUEST BUSINESS SERVICES, INC., a New Jersey corporation (the “Company”), CORCENTRIC COLLECTIVE BUSINESS SYSTEM CORP., a Virginia corporation (“Corcentric”), AMERIQUEST LEASING & MAINTENANCE, INC., a Delaware corporation d/b/a Cure Leasing & Maintenance (“Cure Leasing”), AMERIQUEST REMARKETING SERVICES, INC., a Florida corporation (“AmeriQuest Remarketing” and together with the Company, Corcentric, Cure Leasing, and AmeriQuest Remarketing, collectively, “Borrowers”), the other parties from time to time signatory hereto as Obligors, the financial institutions party to this Agreement from time to time as lenders (collectively, “Lenders”), BANK OF AMERICA, N.A., a national banking association, as agent for the Lenders (“Agent”), and MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, as Lead Arranger and Book Manager (“MLPF&S”).

Ameriquest, Inc. – APPLICATION SERVICES AGREEMENT (October 16th, 2015)

THIS APPLICATION SERVICES AGREEMENT (the “Agreement”) is made as of February 3, 2012, (the “Effective Date”), by and between Corcentric Collective Business Systems, Inc., a Virginia corporation having its principal place of business at 8300 Greensboro Dr., Suite 950, McLean, Virginia 22102 (“Corcentric”), and Daimler Trucks North America LLC, a limited liability company having its principal place of business at 4747 N. Channel Avenue, Portland, Oregon 97217 (“DTNA”).

Ameriquest, Inc. – BORROWER’S NAME AND ADDRESS (July 6th, 2015)

This Master Loan and Security Agreement (this “Agreement”) is entered into as of 3/29/2012 by and between AMERLQUEST LEASING & MAINTENANCE, INC. (“Borrower,” and if more than one, jointly and severally, the “Borrower”), whose principal place of business is at the address set forth above, and Volvo Financial Services, a division of VFS US LLC, a Delaware limited liability company, (“Lender”), at 7025 Albert Pick Road Suite 105, PO Box 26131, Greensboro, North Carolina 27402-6131 (“Lender”),

Ameriquest, Inc. – AMERIQUEST TRANSPORTATION SERVICES, INC. NON-EMPLOYEE DIRECTOR STOCK PURCHASE PLAN 2011 (July 6th, 2015)

The Board of Directors of AmeriQuest Transportation Services, Inc. (the “Company”) has adopted this Non-Employee Director Stock Purchase Plan 2011 (the “Plan”) to enable individuals who serve as non-employee directors of the Company (the “Directors”), through the retention by the Company of fees paid to such Directors for services as directors, to purchase shares of the Company’s common stock, $0.0005 par value per share (the “Common Stock”).  The purpose of the Plan is to benefit the Company’s growth and success and to enable the Company to continue to attract highly qualified persons to serve as Directors.  The provisions of the Plan are set forth below.

Ameriquest, Inc. – AMERIQUEST, INC. INDEMNIFICATION AGREEMENT (July 6th, 2015)

This Indemnification Agreement (this “Agreement”) is dated as of [insert date], and is between AmeriQuest, Inc., a Delaware corporation (the “Company”), and the undersigned (“Indemnitee”).

Ameriquest, Inc. – AMERIQUEST, INC. 2015 EMPLOYEE STOCK PURCHASE PLAN (July 6th, 2015)
Ameriquest, Inc. – AMERIQUEST, INC. SEVERANCE AND CHANGE IN CONTROL AGREEMENT (July 6th, 2015)

This Severance and Change in Control Agreement (the “Agreement”) is made and entered into by and between [       ] (“Executive”) and AmeriQuest, Inc. (the “Company”), effective as of [DATE] (the “Effective Date”).

Ameriquest, Inc. – Loan and Security Agreement Loan No.: 6225 (June 11th, 2015)

THIS LOAN AND SECURITY AGREEMENT (the “Agreement”) is entered into as of this 3 day of February, 2011, by and between AMERIQUEST TRANSPORTATION SERVICES, INC., AMERIQUEST LEASING & MAINTENANCE, INC. (hereinafter referred to individually and ‘collectively as “Borrower”) with an address at One South Summit Avenue, Oakbrook Terrace, IL 60181, 6195 Crooked Creek Road, Norcross, GA 30092 and PNC EQUIPMENT FINANCE, LLC (“Lender”), with an address at 1000 Westlakes Drive, Suite 200, Berwyn, PA 19312.

Ameriquest, Inc. – Daimler Truck Financial Form OF Note and Security Agreement (Multi-State) Date: Quote #: TFFF2508 D (June 11th, 2015)

LENDER: Mercedes-Benz Financial Services USA LLC (13650 Heritage Parkway, Fort Worth, Texas 76177), and its successors, transferees and assigns,

Ameriquest, Inc. – APPLICATION SERVICES AGREEMENT (June 11th, 2015)

THIS APPLICATION SERVICES AGREEMENT (the “Agreement”) is made as of February 3, 2012, (the “Effective Date”), by and between Corcentric Collective Business Systems, Inc., a Virginia corporation having its principal place of business at 8300 Greensboro Dr., Suite 950, McLean, Virginia 22102 (“Corcentric”), and Daimler Trucks North America LLC, a limited liability company having its principal place of business at 4747 N. Channel Avenue, Portland, Oregon 97217 (“DTNA”).