Spartan Motors Inc Sample Contracts

EXHIBIT 2(b)
Investment Agreement • January 21st, 1997 • Spartan Motors Inc • Motor vehicles & passenger car bodies • New York
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AMENDED AND RESTATED CREDIT AGREEMENT dated as of December 16, 2011 among SPARTAN MOTORS, INC. SPARTAN MOTORS CHASSIS, INC. CRIMSON FIRE, INC. CRIMSON FIRE AERIALS, INC. CLASSIC FIRE, LLC UTILIMASTER CORPORATION as the Borrowers The Lenders Party...
Credit Agreement • March 14th, 2012 • Spartan Motors Inc • Motor vehicles & passenger car bodies • Michigan

THIS AMENDED AND RESTATED CREDIT AGREEMENT dated as of December 16, 2011, among SPARTAN MOTORS, INC., SPARTAN MOTORS CHASSIS, INC., CRIMSON FIRE, INC., CRIMSON FIRE AERIALS, INC., CLASSIC FIRE, LLC and UTILIMASTER CORPORATION, the LENDERS party hereto, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent.

AMENDED AND RESTATED CREDIT AGREEMENT dated as of November 30, 2021 among THE SHYFT GROUP, INC., THE SHYFT GROUP GLOBAL, INC., UTILIMASTER SERVICES, LLC, THE SHYFT GROUP USA, INC. and FORTRESS RESOURCES, LLC, as the Borrowers, The Lenders Party Hereto...
Credit Agreement • December 1st, 2021 • Shyft Group, Inc. • Motor vehicles & passenger car bodies • New York

This AMENDED AND RESTATED CREDIT AGREEMENT dated as of November 30, 2021, among THE SHYFT GROUP, INC., THE SHYFT GROUP GLOBAL, INC., UTILIMASTER SERVICES, LLC, THE SHYFT GROUP USA, INC., and FORTRESS RESOURCES, LLC, the LENDERS party hereto, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent.

EXHIBIT 10(c)
Registration Rights Agreement • January 21st, 1997 • Spartan Motors Inc • Motor vehicles & passenger car bodies • New York
EXHIBIT 2
Stock Purchase Agreement • August 25th, 1997 • Spartan Motors Inc • Motor vehicles & passenger car bodies • South Dakota
AGREEMENT AND PLAN OF MERGER
Agreement and Plan of Merger • August 22nd, 1997 • Spartan Motors Inc • Motor vehicles & passenger car bodies • Alabama
EXHIBIT 2
Agreement and Plan of Merger • January 20th, 1998 • Spartan Motors Inc • Motor vehicles & passenger car bodies • Minnesota
FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT
Credit Agreement • July 27th, 2023 • Shyft Group, Inc. • Motor vehicles & passenger car bodies • New York

This AMENDED AND RESTATED CREDIT AGREEMENT dated as of November 30, 2021, among THE SHYFT GROUP, INC., THE SHYFT GROUP GLOBAL, INC., SERVICES, LLC (formerly known as UTILIMASTER SERVICES, LLC), THE SHYFT GROUP USA, INC., and ROYAL TRUCK BODY LLC (formerly known as FORTRESS RESOURCES, LLC), the LENDERS party hereto, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent.

CREDIT AGREEMENT dated as of November 30, 2009 among
Assignment and Assumption • March 16th, 2010 • Spartan Motors Inc • Motor vehicles & passenger car bodies • Michigan

CREDIT AGREEMENT dated as of November 30, 2009, among SPARTAN MOTORS, INC., ROAD RESCUE, INC., SPARTAN MOTORS CHASSIS, INC., CRIMSON FIRE, INC., CRIMSON FIRE AERIALS, INC., and UTILIMASTER CORPORATION, the LENDERS party hereto, and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as Administrative Agent.

SPARTAN MOTORS, INC. and AMERICAN STOCK TRANSFER & TRUST CO. Rights Agent Rights Agreement Effective as of July 7, 2007
Rights Agreement • July 10th, 2007 • Spartan Motors Inc • Motor vehicles & passenger car bodies • Michigan

THIS RIGHTS AGREEMENT (the "Agreement") is made effective as of July 7, 2007, between SPARTAN MOTORS, INC., a Michigan corporation (the "Company"), and AMERICAN STOCK TRANSFER & TRUST CO., a New York corporation (the "Rights Agent").

THE SHYFT GROUP, INC. PERFORMANCE SHARE UNIT AGREEMENT
Performance Share Unit Agreement • February 22nd, 2024 • Shyft Group, Inc. • Motor vehicles & passenger car bodies • Michigan

This PERFORMANCE SHARE UNIT AGREEMENT (the “Agreement”) is made and entered into as of November 24, 2023 (the “Grant Date”), by and between The Shyft Group, Inc., a Michigan corporation (the “Company”) and John Dunn (the “Grantee”).

THE SHYFT GROUP, INC. RESTRICTED STOCK UNIT AGREEMENT (Employees)
Restricted Stock Unit Agreement • March 25th, 2021 • Shyft Group, Inc. • Motor vehicles & passenger car bodies • Michigan

This RESTRICTED STOCK UNIT AGREEMENT (the “Agreement”) is made and entered into as of [●] (the “Grant Date”), by and between The Shyft Group, Inc., a Michigan corporation (the “Company”) and [●] (the “Grantee”).

STOCK APPRECIATION RIGHTS AGREEMENT
Stock Appreciation Rights Agreement • March 16th, 2006 • Spartan Motors Inc • Motor vehicles & passenger car bodies • Michigan

This Stock Appreciation Rights Agreement ("Agreement") is made as of the Grant Date set forth above (the "Grant Date") between SPARTAN MOTORS, INC., a Michigan corporation ("Spartan"), and the grantee named above ("Grantee").

THE SHYFT GROUP, INC. RESTRICTED STOCK UNIT AGREEMENT
Restricted Stock Unit Agreement • April 27th, 2023 • Shyft Group, Inc. • Motor vehicles & passenger car bodies • Michigan

This RESTRICTED STOCK UNIT AGREEMENT (the “Agreement”) is made and entered into as of __________ ___, 2023 (the “Grant Date”), by and between The Shyft Group, Inc., a Michigan corporation (the “Company”) and [●] (the “Grantee”).

THE SHYFT GROUP, INC. PERFORMANCE SHARE UNIT AGREEMENT
Performance Share Unit Agreement • March 25th, 2021 • Shyft Group, Inc. • Motor vehicles & passenger car bodies • Michigan

This PERFORMANCE SHARE UNIT AGREEMENT (the “Agreement”) is made and entered into as of [●] (the “Grant Date”), by and between The Shyft Group, Inc., a Michigan corporation (the “Company”) and [●] (the “Grantee”).

STOCK APPRECIATION RIGHTS AGREEMENT
Stock Appreciation Rights Agreement • March 14th, 2008 • Spartan Motors Inc • Motor vehicles & passenger car bodies • Michigan

This Stock Appreciation Rights Agreement ("Agreement") is made as of the Grant Date set forth above (the "Grant Date") between SPARTAN MOTORS, INC., a Michigan corporation ("Spartan"), and the grantee named above ("Grantee").

ASSET PURCHASE AGREEMENT by and between SPARTAN FIRE, LLC (“Buyer”), REV GROUP, INC. (“Parent”) and SPARTAN MOTORS, INC. (“SMI”) and SPARTAN MOTORS USA, INC. (the “Company”) dated January 31, 2020
Asset Purchase Agreement • March 16th, 2020 • Spartan Motors Inc • Motor vehicles & passenger car bodies • Delaware

This asset PURCHASE AGREEMENT is entered into as of January 31, 2020, by and among Spartan Fire, LLC, a Nevada limited liability company (“Buyer”), REV Group, Inc., a Delaware corporation (“Parent”), Spartan Motors, Inc., a Michigan corporation (“SMI”), and Spartan Motors USA, Inc., a South Dakota corporation (the “Company”).

RESTRICTED STOCK AGREEMENT
Restricted Stock Agreement • August 8th, 2005 • Spartan Motors Inc • Motor vehicles & passenger car bodies

This Restricted Stock Agreement ("Agreement") is made as of , 200__ between SPARTAN MOTORS, INC., a Michigan corporation ("Spartan Motors"), and ("Grantee").

SIXTH AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • August 5th, 2021 • Shyft Group, Inc. • Motor vehicles & passenger car bodies • New York

This SIXTH AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is dated as of July 16, 2021, and effective in accordance with Section 3 below, by and among THE SHYFT GROUP, INC. (f/k/a SPARTAN MOTORS, INC.) (the “Company”), THE SHYFT GROUP GLOBAL, INC. (f/k/a SPARTAN MOTORS GLOBAL, INC.), UTILIMASTER SERVICES, LLC, THE SHYFT GROUP USA, INC. (f/k/a SPARTAN MOTORS USA, INC.) and FORTRESS RESOURCES, LLC (collectively, with the Company, the “Borrowers”), the Guarantors (as defined in the Credit Agreement referred to below) party hereto, the Lenders referred to below and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as administrative agent for the Lenders (“Administrative Agent”).

RESTRICTED STOCK AGREEMENT
Restricted Stock Agreement • March 16th, 2007 • Spartan Motors Inc • Motor vehicles & passenger car bodies

This Restricted Stock Agreement ("Agreement") is made as of , between SPARTAN MOTORS, INC., a Michigan corporation ("Spartan Motors"), and ("Grantee").

Re: Amendment No. 1 to Amended and Restated Note Purchase and Private Shelf Agreement
Letter Agreement • March 14th, 2013 • Spartan Motors Inc • Motor vehicles & passenger car bodies • Illinois

This letter agreement (this “Letter”) makes reference to that certain Amended and Restated Note Purchase and Private Shelf Agreement (the “Note Agreement”), dated as of November 30, 2009, between Spartan Motors, Inc. (the “Company”), on the one hand, and Prudential Investment Management, Inc. (“Prudential”), Gibraltar Life Insurance Co., Ltd., and each Prudential Affiliate which becomes party thereto, on the other hand. Capitalized terms used herein and not otherwise defined herein shall have the meanings assigned to such terms in the Note Agreement, as amended hereby.

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RESTRICTED STOCK AGREEMENT
Restricted Stock Agreement • March 16th, 2006 • Spartan Motors Inc • Motor vehicles & passenger car bodies

This Restricted Stock Agreement ("Agreement") is made as of ______________________, 200__ between SPARTAN MOTORS, INC., a Michigan corporation ("Spartan Motors"), and ____________________________________ ("Grantee").

Re: Amendment No. 2 to Amended and Restated Note Purchase and Private Shelf Agreement
Letter Agreement • March 14th, 2013 • Spartan Motors Inc • Motor vehicles & passenger car bodies • Illinois

This letter agreement (this “Letter”) makes reference to that certain Amended and Restated Note Purchase and Private Shelf Agreement (as amended by Amendment No. 1 to Amended and Restated Note Purchase and Private Shelf Agreement dated February 29, 2012, the “Note Agreement”), dated as of November 30, 2009, between Spartan Motors, Inc. (the “Company”), on the one hand, and Prudential Investment Management, Inc. (“Prudential”), Gibraltar Life Insurance Co., Ltd., and each Prudential Affiliate which becomes party thereto, on the other hand. Capitalized terms used herein and not otherwise defined herein shall have the meanings assigned to such terms in the Note Agreement, as amended hereby.

TRANSITION AND SEPARATION AGREEMENT
Transition and Separation Agreement • July 27th, 2023 • Shyft Group, Inc. • Motor vehicles & passenger car bodies

This Transition and Separation Agreement (this “Transition Agreement”), by and between The Shyft Group, Inc. (the “Company”) and Daryl M. Adams (“you” and similar words), and effective as of June 9, 2023 (the “Effective Date”), memorializes certain terms of your transition and separation from the Company and its subsidiaries. This Transition Agreement is intended to support the process by which the Company’s Board of Directors (“Board”) will operate a search and leadership transition for the position of President and Chief Executive Officer (“CEO”) at the Company (the “Succession”). The terms of this Transition Agreement also address certain requirements under The Shyft Group, Inc. Executive Severance Plan (the “Executive Severance Plan”) in order for you to receive, after the Effective Date, certain of the payments and benefits described in this Transition Agreement, as described or set forth in detail below.

Contract
Spartan Motors Inc • November 25th, 2019 • Motor vehicles & passenger car bodies

On September 9, 2019, Spartan Motors, Inc (the “Company”), completed the acquisition of Fortress Resources, LLC D/B/A Royal Truck Body (“Royal”) pursuant to which the Company acquired all the outstanding equity interests of Royal through the Company’s wholly-owned subsidiary, Spartan Motors USA, Inc. (dollar amounts in thousands). The purchase was completed pursuant to the terms and conditions of a Unit Purchase Agreement, dated September 9, 2019, entered into by and among Spartan Motors USA, Inc., Royal, the owners of Royal, and Dudley D. DeZonia (the “Purchase Agreement”). The Company paid $90,081 in cash. The purchase price is subject to certain customary post-closing adjustments. The acquisition was financed using $90,081 borrowed from our existing $175,000 line of credit, as set forth in the Second Amended and Restated Credit Agreement, dated as of August 8, 2018. The Purchase Agreement was filed with the Securities and Exchange Commission (the “SEC”) as an exhibit to the Company’

AMENDMENT NO. 1 TO THE AGREEMENT AND PLAN OF MERGER
Spartan Motors Inc • August 22nd, 1997 • Motor vehicles & passenger car bodies
UNIT PURCHASE AGREEMENT by and between SPARTAN MOTORS USA, INC., on the one hand, FORTRESS RESOURCES, LLC D/B/A ROYAL TRUCK BODY, ITS MEMBERS, DUDLEY D. DEZONIA, JR., and THE MEMBER REPRESENTATIVE, on the other hand Dated as of September 9, 2019
Unit Purchase Agreement • November 12th, 2019 • Spartan Motors Inc • Motor vehicles & passenger car bodies • Michigan

This UNIT PURCHASE AGREEMENT (this “Agreement”), dated as of September 9, 2019, is entered into by and between Spartan Motors USA, Inc., a South Dakota corporation (“Buyer”), on the one hand, and Fortress Resources, LLC, d/b/a Royal Truck Body, a California limited liability company (the “Company”), the members of the Company as identified on the signature page hereto (the “Members”), Dudley D. DeZonia, Jr., in his individual capacity (“DeZonia”), and Dudley D. DeZonia, Jr., as the Member Representative, on the other hand. Annex A hereto contains definitions of certain initially capitalized terms used in this Agreement.

EMPLOYMENT AGREEMENT
Employment Agreement • March 9th, 2016 • Spartan Motors Inc • Motor vehicles & passenger car bodies • Indiana

This Employment Agreement ("Agreement"), dated and effective May 7, 2009 ("Effective Date"), is entered into by and between (a) Utilimaster Holdings, Inc. ("Holdings") and Utilimaster Corporation ("Employer") and (b) John A. Forbes ("Employee").

CREDIT AGREEMENT dated as of August 8, 2018 among SPARTAN MOTORS, INC., SPARTAN MOTORS USA, INC., SPARTAN MOTORS GLOBAL, INC., Utilimaster Services, LLC, SMEAL HOLDING, LLC, SMEAL SFA, LLC, and SMEAL LTC, LLC, as the Borrowers, The Lenders Party...
Credit Agreement • October 31st, 2018 • Spartan Motors Inc • Motor vehicles & passenger car bodies • New York

This CREDIT AGREEMENT dated as of August 8, 2018, among SPARTAN MOTORS, INC., SPARTAN MOTORS USA, INC., SPARTAN MOTORS GLOBAL, INC., Utilimaster Services, LLC, SMEAL HOLDING, LLC, SMEAL SFA, LLC, and SMEAL LTC, LLC, the LENDERS party hereto, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent.

THIRD AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • March 9th, 2016 • Spartan Motors Inc • Motor vehicles & passenger car bodies • Michigan

THIS THIRD AMENDMENT TO CREDIT AGREEMENT, dated as of September ___, 2014 (this "Amendment"), is among SPARTAN MOTORS, INC., SPARTAN MOTORS CHASSIS, INC., CRIMSON FIRE, INC., CRIMSON FIRE AERIALS, INC., CLASSIC FIRE, LLC and UTILIMASTER CORPORATION (collectively, “Borrowers”), the LENDERS party hereto, and WELLS FARGO BANK, N.A., as Administrative Agent (in such capacity, the "Administrative Agent").

SPARTAN MOTORS, INC. INDEMNIFICATION AGREEMENT
Indemnification Agreement • March 16th, 2006 • Spartan Motors Inc • Motor vehicles & passenger car bodies • Michigan

This Indemnification Agreement (the "Agreement") is made as of the day _____ of ______________, 20___, by and between SPARTAN MOTORS, INC., a Michigan corporation (the "Company"), and ______________________ ("Indemnitee"), a director and/or officer of the Company.

RESTRICTED STOCK AGREEMENT
Restricted Stock Agreement • August 7th, 2008 • Spartan Motors Inc • Motor vehicles & passenger car bodies • Michigan

This Restricted Stock Agreement ("Agreement") is made as of the Grant Date set forth above between SPARTAN MOTORS, INC., a Michigan corporation ("Spartan"), and the grantee as awarded.

FIRST AMENDMENT TO CREDIT AGREEMENT
Agreement • March 9th, 2016 • Spartan Motors Inc • Motor vehicles & passenger car bodies • Michigan

THIS FIRST AMENDMENT TO CREDIT AGREEMENT, dated as of December 9,, 2013 (this "Amendment"), is among SPARTAN MOTORS, INC., SPARTAN MOTORS CHASSIS, INC., CRIMSON FIRE, INC., CRIMSON FIRE AERIALS, INC., CLASSIC FIRE, LLC and UTILIMASTER CORPORATION (collectively, "Borrowers"), the LENDERS party hereto, and WELLS FARGO BANK, N.A., as Administrative Agent (in such capacity, the "Administrative Agent").

FOURTH AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • March 16th, 2020 • Spartan Motors Inc • Motor vehicles & passenger car bodies • New York

This FOURTH AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is dated as of January 31, 2020, and effective in accordance with Section 4 below, by and among SPARTAN MOTORS, INC. (the “Company”), SPARTAN MOTORS GLOBAL, INC., UTILIMASTER SERVICES, LLC, SPARTAN MOTORS USA, INC. and FORTRESS RESOURCES, LLC (collectively, with the Company, the “Borrowers”), SMEAL HOLDING, LLC, SMEAL SFA, LLC, and SMEAL LTC, LLC (each in their capacity as a Borrower under the Existing Credit Agreement and to acknowledge being released from its obligations under the Credit Agreement and other Loan Documents as of and after the Amendment Effective Date (as defined below) pursuant to Section 4, the “Released Borrowers”), the Guarantors (as defined in the Credit Agreement referred to below) party hereto, the Lenders referred to below and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as administrative agent for the Lenders (“Administrative Agent”).

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