INDEMNIFICATION AGREEMENTIndemnification Agreement • February 6th, 2015 • Arctic Cat Inc • Miscellaneous transportation equipment • Minnesota
THIS INDEMNIFICATION AGREEMENT (the “Agreement”) is made and entered into as of by and between Arctic Cat Inc., a Minnesota corporation (the “Company”), and (“Indemnitee”).
and WELLS FARGO BANK MINNESOTA, N.A. Rights AgentRights Agreement • September 20th, 2001 • Arctic Cat Inc • Miscellaneous transportation equipment • Minnesota
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 13th, 2009 • Arctic Cat Inc • Miscellaneous transportation equipment • Illinois
THIS LOAN AND SECURITY AGREEMENT is dated as of November 10, 2009, among ARCTIC CAT INC. (“Arctic Cat”) and the Subsidiaries of Arctic Cat identified on the signature pages hereto, as borrowers (collectively, the “Borrowers”), the financial institutions party to this Agreement from time to time as lenders (collectively, “Lenders”), and BANK OF AMERICA, N.A., a national banking association, as agent for the Lenders (“Agent”).
Exhibit 10(g) CREDIT AGREEMENT between ARCTIC CAT INC. and NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, Closing Date: June 6, 1997 $75,000,000 Revolving Credit Facility TABLE OF CONTENTS ARTICLE I Definitions . . . . . . . . . . . . . . . . . . ....Credit Agreement • June 30th, 1997 • Arctic Cat Inc • Miscellaneous transportation equipment • Minnesota
AGREEMENT AND PLAN OF MERGER among TEXTRON INC., ACES ACQUISITION CORP. and ARCTIC CAT INC. Dated as of January 24, 2017Agreement and Plan of Merger • January 25th, 2017 • Arctic Cat Inc • Miscellaneous transportation equipment • Delaware
AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of January 24, 2017 (the “Agreement Date”), among Textron Inc., a Delaware corporation (“Parent”), Aces Acquisition Corp., a Minnesota corporation and an indirect wholly owned subsidiary of Parent (“Purchaser”), and Arctic Cat Inc., a Minnesota corporation (the “Company”). Each of Parent, Purchaser and the Company are referred to herein as a “Party” and together as “Parties.”
SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT Dated as of November 29, 2016 ARCTIC CAT INC. AND CERTAIN OF ITS SUBSIDIARIES, as Borrowers BANK OF AMERICA, N.A., as Agent BANK OF AMERICA, N.A., as Joint Lead Arranger and BookrunnerLoan and Security Agreement • December 2nd, 2016 • Arctic Cat Inc • Miscellaneous transportation equipment • Illinois
THIS SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT is dated as of November 29, 2016, among ARCTIC CAT INC., a Minnesota corporation (“Arctic Cat”), and the Subsidiaries of Arctic Cat identified on the signature pages hereto, as borrowers (collectively, the “Borrowers”), the financial institutions party to this Agreement from time to time as lenders (collectively, “Lenders”), and BANK OF AMERICA, N.A., a national banking association, as agent for the Lenders (“Agent”).
EMPLOYMENT AGREEMENTEmployment Agreement • February 2nd, 2017 • Arctic Cat Inc • Miscellaneous transportation equipment • Minnesota
THIS EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into this 10th day of August, 2016 by and between Arctic Cat Inc. (the “Company”) and Robert Sell (“Executive”).
FORM OF ARCTIC CAT INC. DIRECTOR NON-QUALIFIED STOCK OPTION AGREEMENTNon-Qualified • November 8th, 2013 • Arctic Cat Inc • Miscellaneous transportation equipment
THIS OPTION AGREEMENT (“Agreement”) is made as of the day of , 20 (the “Option Date”), between ARCTIC CAT INC., a Minnesota corporation (the “Company”), and , a non-employee member of the Board of Directors of the Company (the “Optionee”).
Form of ARCTIC CAT INC. CHANGE IN CONTROL AGREEMENTChange in Control Agreement • May 29th, 2015 • Arctic Cat Inc • Miscellaneous transportation equipment • Minnesota
[3. The parties further acknowledge and agree that this Change in Control Agreement (the “Agreement”) is a successor agreement to a change in control agreement for which notice of termination was given on December 21, 2012, which notice of termination provided that such predecessor change in control agreement will be terminated by the Company effective December 31, 2013.]
FORM OF ARCTIC CAT INC. EXECUTIVE OFFICER NON-QUALIFIED STOCK OPTION AGREEMENTStock Option Agreement • August 14th, 2007 • Arctic Cat Inc • Miscellaneous transportation equipment
THIS OPTION AGREEMENT is made as of the day of , 200 (the “Option Date”), between ARCTIC CAT INC., a Minnesota corporation (the “Company”), and , an employee of the Company or one or more of its subsidiaries (the “Optionee”).
ARCTIC CAT INC. INDUCEMENT RESTRICTED STOCK UNIT AGREEMENT FOR EXECUTIVE OFFICERRestricted Stock Unit Agreement • February 6th, 2015 • Arctic Cat Inc • Miscellaneous transportation equipment • Minnesota
This INDUCEMENT RESTRICTED STOCK UNIT AGREEMENT (“Agreement”) made as of the 3rd day of December, 2014 between ARCTIC CAT INC., a Minnesota corporation (the “Company”), and Christopher T. Metz, an employee of the Company or one or more of its subsidiaries (“Employee”).
FORM OF ARCTIC CAT INC. EXECUTIVE OFFICER INCENTIVE STOCK OPTION AGREEMENTStock Option Agreement • November 8th, 2013 • Arctic Cat Inc • Miscellaneous transportation equipment
THIS OPTION AGREEMENT is made as of the day of , 20 (the “Option Date”), between ARCTIC CAT INC., a Minnesota corporation (the “Company”), and , an employee of the Company or one or more of its subsidiaries (the “Optionee”).
ARCTIC CAT INC. INDUCEMENT NON-QUALIFIED STOCK OPTION AGREEMENT FOR EXECUTIVE OFFICERNon-Qualified Stock Option Agreement • February 6th, 2015 • Arctic Cat Inc • Miscellaneous transportation equipment • Minnesota
THIS INDUCEMENT NON-QUALIFIED STOCK OPTION AGREEMENT is made as of the 3rd day of December, 2014 (the “Option Date”), between ARCTIC CAT INC., a Minnesota corporation (the “Company”), and Christopher T. Metz, an employee of the Company or one or more of its subsidiaries (the “Optionee”).
JOINDER, CONSENT, WAIVER, AND SECOND AMENDMENT TO THE AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 27th, 2016 • Arctic Cat Inc • Miscellaneous transportation equipment • Illinois
This JOINDER, CONSENT, WAIVER, AND SECOND AMENDMENT TO THE AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Amendment”) is dated as of May 12, 2015, and is entered into by and among ARCTIC CAT INC., a Minnesota corporation (“Arctic Cat”), and the Subsidiaries of Arctic Cat identified on the signature pages hereto, as borrowers (collectively, the “Original Borrowers”), MOTORFIST, LLC, a Minnesota limited liability company (“MotorFist” and, together with the Original Borrowers, the “Borrowers” and each a “Borrower”), the financial institutions party to this Amendment from time to time as lenders (collectively, “Lenders”), and BANK OF AMERICA, N.A., a national banking association, as agent for the Lenders (“Agent”).
AMENDMENT NO. 5 TO VENDOR AGREEMENTVendor Agreement • February 5th, 2016 • Arctic Cat Inc • Miscellaneous transportation equipment
This Amendment No. 5 to the Vendor Agreement (“Amendment No. 5”) dated December 15, 2015, by and among GE Commercial Distribution Finance LLC (formerly known as GE Commercial Distribution Finance Corporation) (“CDF”), Arctic Cat Sales Inc. (“ACSI”) and Arctic Cat Inc. (“AC”) (ACSI and AC shall be referred to herein, unless otherwise noted, individually and collectively as “Vendor”), is effective as of the 21st day of December, 2015, provided this Amendment No. 5 is fully executed by the parties by no later than December 16, 2015 (the “Effective Date”). Capitalized terms used and not otherwise defined in this Amendment No. 5 shall have the same meaning as in the Agreement.
EMPLOYMENT AGREEMENTEmployment Agreement • August 25th, 2008 • Arctic Cat Inc • Miscellaneous transportation equipment • Minnesota
THIS AGREEMENT, is made and entered into as of this 25th day of August 2008, by and between Arctic Cat Inc. (the “Company”) and Claude J. Jordan (the “Executive”).
LIMITED TERM EMPLOYMENT AGREEMENTLimited Term Employment Agreement • June 5th, 2014 • Arctic Cat Inc • Miscellaneous transportation equipment • Minnesota
THIS LIMITED TERM EMPLOYMENT AGREEMENT (this “Agreement”) is entered into as of June 2, 2014 (the “Effective Date”), between Arctic Cat Inc. (the “Company”) and Christopher A. Twomey (“Executive”).
AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • June 5th, 2014 • Arctic Cat Inc • Miscellaneous transportation equipment
THIS AMENDMENT TO EMPLOYMENT AGREEMENT (this “Agreement”) is entered into as of May 30, 2014 (the “Effective Date”), between Arctic Cat Inc. (the “Company”) and Timothy C. Delmore (“Executive”).
FIFTH AMENDMENT TO THE AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 9th, 2016 • Arctic Cat Inc • Miscellaneous transportation equipment • Illinois
This FIFTH AMENDMENT TO THE AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Amendment”) is dated as of April 12, 2016, and is entered into by and among ARCTIC CAT INC., a Minnesota corporation (“Arctic Cat”), the Subsidiaries of Arctic Cat identified on the signature pages hereto (the “Borrowers” and, each, a “Borrower”), the financial institutions party to this Amendment as lenders (collectively, “Lenders”), and BANK OF AMERICA, N.A., a national banking association, as agent for the Lenders (“Agent”).
VENDOR AGREEMENTVendor Agreement • October 20th, 2009 • Arctic Cat Inc • Miscellaneous transportation equipment • Illinois
This Vendor Agreement (“Agreement”) is entered into as of October 14, 2009 (“Contract Date”) and effective as of the Effective Date (as defined in the Recitals below) by and among GE Commercial Distribution Finance Corporation (“CDF”), Arctic Cat Sales Inc. (“ACSI”) and Arctic Cat Inc. (“AC”) (ACSI and AC shall be referred to herein, unless otherwise noted, individually and collectively as “Vendor”).
AMENDMENT NO. 3 TO VENDOR AGREEMENTVendor Agreement • November 8th, 2010 • Arctic Cat Inc • Miscellaneous transportation equipment
This Amendment No. 3 (“Amendment No. 3”) to the Vendor Agreement dated October 14, 2009, by and among GE Commercial Distribution Finance Corporation, Arctic Cat Sales Inc. and Arctic Cat Inc. (the “Vendor Agreement”), is entered into as of this 30th day of September, 2010. Capitalized terms used and not otherwise defined in this Amendment No. 3 shall have the same meaning as in the Vendor Agreement.
SECOND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • June 4th, 2009 • Arctic Cat Inc • Miscellaneous transportation equipment • Minnesota
This Amendment is entered into as of June 1, 2009 by and among Arctic Cat Inc., a Minnesota corporation (the “Borrower”), Arctic Cat Sales Inc., a Minnesota corporation, Arctic Cat Production LLC, a Minnesota limited liability company, Arctic Cat Production Support LLC, a Minnesota limited liability company, and Arctic Cat Shared Services LLC, a Minnesota limited liability company (the “Guarantors”), and Wells Fargo Bank, National Association, a national banking association, as the Administrative Agent, Issuing Lender and sole Lender under the Credit Agreement described below (in such capacities, the “Bank”).
THIRD EMPLOYMENT AGREEMENTThird Employment Agreement • February 2nd, 2017 • Arctic Cat Inc • Miscellaneous transportation equipment • Minnesota
THIS THIRD EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into as of this 17th day of November, 2014 by and between Arctic Cat Inc. (the “Company”) and Tracy Crocker (“Executive”).
CHANGE OF CONTROL AGREEMENTChange of Control Agreement • August 25th, 2008 • Arctic Cat Inc • Miscellaneous transportation equipment • Minnesota
THIS AGREEMENT, is made and entered into as of this 25th day of August 2008, by and between Arctic Cat, Inc. (the “Company”) and Claude J. Jordan (the “Executive”).
FORM OF ARCTIC CAT INC. DIRECTOR NON-QUALIFIED STOCK OPTION AGREEMENTStock Option Agreement • August 14th, 2007 • Arctic Cat Inc • Miscellaneous transportation equipment
THIS OPTION AGREEMENT is made as of the day of 200 (the “Option Date”), between ARCTIC CAT INC., a Minnesota corporation (the “Company”), and , a non-employee member of the Board of Directors of the Company (the “Optionee”).
CONSENT AND FOURTH AMENDMENT TO THE AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 27th, 2016 • Arctic Cat Inc • Miscellaneous transportation equipment • Illinois
This CONSENT AND FOURTH AMENDMENT TO THE AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Amendment”) is dated as of March 10, 2016, and is entered into by and among ARCTIC CAT INC., a Minnesota corporation (“Arctic Cat”), the Subsidiaries of Arctic Cat identified on the signature pages hereto (the “Borrowers” and, each, a “Borrower”), the financial institutions party to this Amendment from time to time as lenders (collectively, “Lenders”), and BANK OF AMERICA, N.A., a national banking association, as agent for the Lenders (“Agent”) and Issuing Bank.
AMENDMENT NO. 1 TO VENDOR AGREEMENTVendor Agreement • October 20th, 2009 • Arctic Cat Inc • Miscellaneous transportation equipment
This Amendment No. 1 (“Amendment No. 1”) to the Vendor Agreement dated October 14, 2009 by and among GE Commercial Distribution Finance Corporation, Arctic Cat Sales Inc. and Arctic Cat Inc. (the Vendor Agreement”), is entered into as of this 20th day of October, 2009. Capitalized terms used and not otherwise defined in this Amendment No. 1 shall have the same meaning as in the Vendor Agreement.
FIRST AMENDMENT TO THE AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 27th, 2016 • Arctic Cat Inc • Miscellaneous transportation equipment • Illinois
Margins shall be subject to increase or decrease by Agent on the first day of the calendar month following each Fiscal Quarter end. If, by the first day of a month, any financial statement or Compliance Certificate due in the preceding month has not been received, then, at the option of Agent or Required Lenders, margins shall be determined as if Level III were applicable until the first day of the calendar month following actual receipt.
FORM OF ARCTIC CAT INC. DIRECTOR NON-QUALIFIED STOCK OPTION AGREEMENTNon-Qualified • June 13th, 2005 • Arctic Cat Inc • Miscellaneous transportation equipment
THIS OPTION AGREEMENT is made as of the day of 200 (the “Option Date”), between ARCTIC CAT INC., a Minnesota corporation (the “Company”), and , a non-employee member of the Board of Directors of the Company (the “Optionee”).
Textron Financial Corporation 11575 Great Oaks WayWholesale Security Agreement • February 13th, 2004 • Arctic Cat Inc • Miscellaneous transportation equipment • Minnesota
Textron Financial Corporation (“Textron Financial”) is pleased to propose the following Dealer Network Financing Facility Program (“Program”) to Arctic Cat Sales Inc. (“Company”) for its U.S. dealers (“Dealers”). The following Program provides the terms and conditions under which Textron Financial may be the exclusive provider of financing to the Dealers of the Company during the term of this Program Agreement. The programs are not committed lines of credit, and all financing shall be subject to Textron Financial credit and documentation requirements. Nothing contained herein shall limit Textron Financial’s right to provide or decline to provide financing to Dealers, in amounts and upon terms which shall be determined by Textron Financial, in its sole and absolute discretion, and without notice to the Company. All of the Company’s obligations hereunder and under the various agreement of the Company in connection herewith will be guaranteed by Arctic Cat Inc. (the “Guarantor”), the owne
REPURCHASE AGREEMENTRepurchase Agreement • February 13th, 2004 • Arctic Cat Inc • Miscellaneous transportation equipment • Minnesota
This Repurchase Agreement (this “Agreement”) is entered into between the undersigned Manufacturer and/or Distributor (“Mfg/Dist”) and Textron Financial Corporation (“TFC”).
FORM OF ARCTIC CAT INC. EXECUTIVE OFFICER INCENTIVE STOCK OPTION AGREEMENTOfficer Incentive Stock Option Agreement • August 14th, 2007 • Arctic Cat Inc • Miscellaneous transportation equipment
THIS OPTION AGREEMENT is made as of the day of , 200 (the “Option Date’), between ARCTIC CAT INC., a Minnesota corporation (the “Company”), and , an employee of the Company or one or more of its subsidiaries (the “Optionee”).
THIRD AMENDMENT TO CREDIT AGREEMENTCredit Agreement • June 19th, 2009 • Arctic Cat Inc • Miscellaneous transportation equipment • Minnesota
This Amendment is entered into as of June 17, 2009 by and among Arctic Cat Inc., a Minnesota corporation (the “Borrower”), Arctic Cat Sales Inc., a Minnesota corporation, Arctic Cat Production LLC, a Minnesota limited liability company, Arctic Cat Production Support LLC, a Minnesota limited liability company, and Arctic Cat Shared Services LLC, a Minnesota limited liability company (the “Guarantors”), and Wells Fargo Bank, National Association, a national banking association, as the Administrative Agent, Issuing Lender and sole Lender under the Credit Agreement described below (in such capacities, the “Bank”).
CREDIT AGREEMENT among ARCTIC CAT INC., as Borrower; WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent and Lead Arranger; and THE OTHER FINANCIAL INSTITUTIONS PARTY HERETO Closing Date: August 29, 2008Credit Agreement • September 4th, 2008 • Arctic Cat Inc • Miscellaneous transportation equipment • Minnesota
Arctic Cat Inc., a Minnesota corporation; Wells Fargo Bank, National Association, a national banking association; and the Lenders, as defined below, agree as follows:
STOCK REDEMPTION AGREEMENTStock Redemption Agreement • December 28th, 2011 • Arctic Cat Inc • Miscellaneous transportation equipment • Minnesota
THIS STOCK REDEMPTION AGREEMENT (the “Agreement”), dated and made effective as of December 22, 2011, is entered into by and between SUZUKI MOTOR CORPORATION, a corporation incorporated and existing under the laws of Japan (“Seller”), and ARCTIC CAT INC., a corporation incorporated and existing under the laws of Minnesota (“Company”).
