and FIRST UNION NATIONAL BANK OF NORTH CAROLINA, as Trustee INDENTUREIndenture • October 4th, 1996 • Speedway Motorsports Inc • Services-racing, including track operation • New York
WITNESSETHSupplemental Indenture • March 30th, 2001 • Speedway Motorsports Inc • Services-racing, including track operation • New York
Exhibit 4.3 $77,000,000Registration Rights Agreement • October 4th, 1996 • Speedway Motorsports Inc • Services-racing, including track operation • New York
Section 1.4. "Business" means the currently conducted food and beverage -------- service business of Sellers at the Tracks and pursuant to the Concession Contracts, including, but not limited to, (a) general concessions (the "Concessions"), (b) luxury...Asset Purchase Agreement • March 28th, 2002 • Speedway Motorsports Inc • Services-racing, including track operation
W I T N E S S E T HCredit Agreement • March 20th, 2003 • Speedway Motorsports Inc • Services-racing, including track operation
ASSIGNMENT OF AND AMENDMENT TO MANAGEMENT AGREEMENT --------------------Management Agreement • March 28th, 2002 • Speedway Motorsports Inc • Services-racing, including track operation
AS OWNER AND LEVY PREMIUM FOODSERVICE LIMITED PARTNERSHIP, AS MANAGERManagement Agreement • March 28th, 2002 • Speedway Motorsports Inc • Services-racing, including track operation • North Carolina
SMI) This GUARANTY AGREEMENT (this "Guaranty Agreement") is made as of November ------------------ 29, 2001 by SPEEDWAY MOTORSPORTS, INC., a Delaware corporation (the "Guarantor"), in favor of LEVY PREMIUM FOODSERVICE LIMITED PARTNERSHIP, an ---------...Guaranty Agreement • March 28th, 2002 • Speedway Motorsports Inc • Services-racing, including track operation
Exhibit 99.1 SPEEDWAY MOTORSPORTS, INC. $70,000,000 5 3/4% Convertible Subordinated Debentures due 2003 PURCHASE AGREEMENT WHEAT, FIRST SECURITIES, INC. MONTGOMERY SECURITIES J.C. BRADFORD & CO. c/o Wheat, First Securities, Inc. Riverfront Plaza 901...Speedway Motorsports Inc • October 4th, 1996 • Services-racing, including track operation • New York
GUARANTYGuaranty • May 12th, 2000 • Speedway Motorsports Inc • Services-racing, including track operation • North Carolina
SECOND AMENDED AND RESTATED CREDIT AGREEMENT among SPEEDWAY MOTORSPORTS, INC., SPEEDWAY FUNDING CORP., as Borrowers, CERTAIN SUBSIDIARIES AND RELATED PARTIES FROM TIME TO TIME PARTY HERETO, as Guarantors, THE SEVERAL LENDERS FROM TIME TO TIME PARTY...Credit Agreement • December 15th, 1998 • Speedway Motorsports Inc • Services-racing, including track operation • North Carolina
Exhibit 99.3 FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • October 4th, 1996 • Speedway Motorsports Inc • Services-racing, including track operation • Delaware
WITNESSETHFourth Supplemental Indenture • March 20th, 2003 • Speedway Motorsports Inc • Services-racing, including track operation • New York
WITNESSETHSupplemental Indenture • March 20th, 2003 • Speedway Motorsports Inc • Services-racing, including track operation • New York
EXHIBIT 10.3 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Parker, Poe, Adams & Bernstein, L.L.P. 2500 Charlotte Plaza Charlotte, NC 28204 Attention: Gates Grainger, Esq. APN: 123-23-000-001, 123-14-000-002, Ptn. 123-23-000-003 & 123-26-101-001...Speedway Motorsports Inc • May 12th, 2000 • Services-racing, including track operation • Nevada
PURCHASE AGREEMENT January 8, 2013 Speedway Motorsports, Inc. and The Guarantors named hereinPurchase Agreement • January 9th, 2013 • Speedway Motorsports Inc • Services-racing, including track operation • New York
The Securities (as defined below) will be issued pursuant to that certain indenture, dated as of February 3, 2011 (as amended or supplemented from time to time, the “Indenture”), among the Company, the Guarantors (as defined below) and U.S. Bank National Association, as trustee (the “Trustee”). Notes will be issued only in book-entry form in the name of Cede & Co., as nominee of The Depository Trust Company (the “Depositary”) pursuant to a letter of representations, dated July 1, 2004 (as defined in Section 2 hereof) (the “DTC Agreement”), among the Company and the Depositary.
FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT AND WAIVERCredit Agreement and Waiver • December 15th, 1998 • Speedway Motorsports Inc • Services-racing, including track operation • Texas
WITNESSETHSupplemental Indenture • March 30th, 2001 • Speedway Motorsports Inc • Services-racing, including track operation • New York
SECOND AMENDED AND RESTATED CREDIT AGREEMENT among SPEEDWAY MOTORSPORTS, INC. and SPEEDWAY FUNDING, LLC, as Borrowers, SPEEDWAY HOLDINGS II, LLC, as Holdings, HOLDINGS AND CERTAIN OF ITS SUBSIDIARIES FROM TIME TO TIME PARTY HERETO, as Guarantors, THE...Credit Agreement • November 23rd, 2021 • Speedway Motorsports LLC • Services-racing, including track operation • New York
THIS SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Credit Agreement”) is entered into as of September 17, 2019 among SPEEDWAY MOTORSPORTS, INC., a Delaware corporation (“Speedway Motorsports”), SPEEDWAY FUNDING, LLC, a Delaware limited liability company (“Speedway Funding”) (each a “Borrower”, and collectively the “Borrowers”), SPEEDWAY HOLDINGS II, LLC, a North Carolina limited liability company (“Holdings”), the other Guarantors (as defined herein), the Lenders (as defined herein), and BANK OF AMERICA, N.A., as Administrative Agent for the Lenders (in such capacity, the “Administrative Agent”).
SECOND AMENDED AND RESTATED CREDIT AGREEMENT among SPEEDWAY MOTORSPORTS, INC. and SPEEDWAY FUNDING, LLC, as Borrowers, SPEEDWAY HOLDINGS II, LLC, as Holdings, HOLDINGS AND CERTAIN OF ITS SUBSIDIARIES FROM TIME TO TIME PARTY HERETO, as Guarantors, THE...Credit Agreement • September 19th, 2019 • Speedway Motorsports Inc • Services-racing, including track operation • New York
THIS SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Credit Agreement”) is entered into as of September 17, 2019 among SPEEDWAY MOTORSPORTS, INC., a Delaware corporation (“Speedway Motorsports”), SPEEDWAY FUNDING, LLC, a Delaware limited liability company (“Speedway Funding”) (each a “Borrower”, and collectively the “Borrowers”), SPEEDWAY HOLDINGS II, LLC, a North Carolina limited liability company (“Holdings”), the other Guarantors (as defined herein), the Lenders (as defined herein), and BANK OF AMERICA, N.A., as Administrative Agent for the Lenders (in such capacity, the “Administrative Agent”).
AGREEMENT AND PLAN OF MERGER dated as of July 23, 2019 among SPEEDWAY MOTORSPORTS, INC., SONIC FINANCIAL CORPORATION andAgreement and Plan of Merger • July 24th, 2019 • Speedway Motorsports Inc • Services-racing, including track operation • Delaware
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of July 23, 2019, is made and entered into by and among Speedway Motorsports, Inc., a Delaware corporation (the “Company”), Sonic Financial Corporation, a North Carolina corporation (“Parent”), and Speedco, Inc., a Delaware corporation and a wholly owned Subsidiary of Parent (“Merger Sub”). Each of the Company, Parent and Merger Sub is sometimes individually referenced herein as a “Party”, and all of the Company, Parent and Merger Sub are sometimes collectively referenced herein as the “Parties”. Certain capitalized terms used in this Agreement are defined in Section 1.01.
STATUTORY INCENTIVE STOCK OPTION AGREEMENT AND GRANT PURSUANT TO SPEEDWAY MOTORSPORTS, INC. 1994 STOCK OPTION PLANStatutory Incentive Stock Option Agreement • May 31st, 2002 • Speedway Motorsports Inc • Services-racing, including track operation • North Carolina
REGISTRATION RIGHTS AGREEMENT by and among Speedway Motorsports, Inc., and the Guarantors named herein and Merrill Lynch, Pierce, Fenner & Smith Incorporated SunTrust Robinson Humphrey, Inc. Wells Fargo Securities, LLC PNC Capital Markets LLC Dated as...Registration Rights Agreement • January 17th, 2013 • Speedway Motorsports Inc • Services-racing, including track operation • New York
This Agreement is made pursuant to the Purchase Agreement, dated as of January 8, 2013 (the “Purchase Agreement”), by and among the Issuer, the Guarantors and the Initial Purchasers, (i) for the benefit of the Initial Purchasers and (ii) for the benefit of the Holders from time to time of Transfer Restricted Securities (including the Initial Purchasers). In order to induce the Initial Purchasers to purchase the Securities, the Issuer and the Guarantors have agreed to provide the registration rights set forth in this Agreement. The execution and delivery of this Agreement is a condition to the obligations of the Initial Purchasers set forth in Section 5(g) of the Purchase Agreement.
FOURTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • December 14th, 2021 • Speedway Motorsports LLC • Services-racing, including track operation • New York
THIS SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Credit Agreement”) is entered into as of September 17, 2019 among SPEEDWAY MOTORSPORTS, LLC (formerly known as Speedway Motorsports, Inc.), a Delaware limited liability company (“Speedway Motorsports”), SPEEDWAY FUNDING, LLC, a Delaware limited liability company (“Speedway Funding”) (each a “Borrower”, and collectively the “Borrowers”), SPEEDWAY HOLDINGS II, LLC, a North Carolina limited liability company (“Holdings”), the other Guarantors (as defined herein), the Lenders (as defined herein), and BANK OF AMERICA, N.A., as Administrative Agent for the Lenders (in such capacity, the “Administrative Agent”).
AMENDED AND RESTATED PLEDGE AGREEMENTPledge Agreement • March 6th, 2015 • Speedway Motorsports Inc • Services-racing, including track operation • North Carolina
This AMENDED AND RESTATED PLEDGE AGREEMENT dated as of December 29, 2014 (as amended and modified, this “Pledge Agreement”) by those parties identified as “Pledgors” on the signature pages hereto and such other parties as may become Pledgors hereunder after the date hereof (the “Pledgors”) in favor of BANK OF AMERICA, N.A., as Administrative Agent (in such capacity, the “Administrative Agent”) for the Lenders (as hereinafter defined) under the Credit Agreement described below amends and restates that certain Existing Pledge Agreement (as defined below).
SPEEDWAY MOTORSPORTS, INC. RESTRICTED STOCK AGREEMENTRestricted Stock Agreement • August 5th, 2013 • Speedway Motorsports Inc • Services-racing, including track operation • North Carolina
This Restricted Stock Agreement is entered into as of <Date Granted> between SPEEDWAY MOTORSPORTS, INC., a Delaware corporation (the “Company”), and <Name> (the “Recipient”).
ASSET PURCHASE AGREEMENTAsset Purchase Agreement • November 5th, 2004 • Speedway Motorsports Inc • Services-racing, including track operation • North Carolina
THIS ASSET PURCHASE AGREEMENT, dated as of May 11, 2004 (the “Agreement”), is by and among SPEEDWAY TBA, INC., a North Carolina corporation (“Buyer”), and NORTH CAROLINA SPEEDWAY, INC., a North Carolina corporation (“Seller”).
EXHIBIT 99.1 ASSET PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS THIS ASSET PURCHASE AGREEMENT (this "Agreement") is entered into as of this 17th day of November, 1998, by and among SPEEDWAY MOTORSPORTS, INC., a Delaware corporation ("Buyer") and LAS...Asset Purchase Agreement and Escrow Instructions • December 15th, 1998 • Speedway Motorsports Inc • Services-racing, including track operation • Nevada
EXHIBIT 99.2 NAMING RIGHTS AGREEMENT BETWEEN SEARS POINT RACEWAY, LLC, A DELAWARE LIMITED LIABILITY COMPANYNaming Rights Agreement • June 24th, 2002 • Speedway Motorsports Inc • Services-racing, including track operation • California
SPEEDWAY MOTORSPORTS, INC. NONSTATUTORY STOCK OPTION AGREEMENTNonstatutory Stock Option Agreement • August 5th, 2013 • Speedway Motorsports Inc • Services-racing, including track operation • North Carolina
This Nonstatutory Stock Option Agreement is entered into as of <Date Granted> between SPEEDWAY MOTORSPORTS, INC., a Delaware corporation (the “Company”), and <Name> (the “Recipient”).
LIMITED LIABILITY COMPANY AGREEMENT OF Speedway Motorsports, LLC a Delaware limited liability companyLimited Liability Company Agreement • September 19th, 2019 • Speedway Motorsports Inc • Services-racing, including track operation • Delaware
THIS LIMITED LIABILITY COMPANY AGREEMENT (the “Agreement”), to be effective as of the 18th day of September, 2019 (the “Effective Date”) is entered into by and between SPEEDWAY MOTORSPORTS, LLC, a Delaware limited liability company (the “Company”) and SPEEDWAY HOLDINGS II, LLC (the “Member”). For purposes of this Agreement, unless the context clearly indicates otherwise, all capitalized terms shall have the meanings set forth in Article I of this Agreement.
PURSUANT TO SPEEDWAY MOTORSPORTS, INC. 1994 STOCK OPTION PLANNonstatutory Stock Option Agreement and Grant • May 31st, 2002 • Speedway Motorsports Inc • Services-racing, including track operation • North Carolina
SPEEDWAY MOTORSPORTS, INC. INCENTIVE STOCK OPTION AGREEMENTIncentive Stock Option Agreement • August 5th, 2013 • Speedway Motorsports Inc • Services-racing, including track operation • North Carolina
This Incentive Stock Option Agreement is entered into as of <Date Granted> between SPEEDWAY MOTORSPORTS, INC., a Delaware corporation (the “Company”), and <Name> (the “Recipient”).
SPEEDWAY MOTORSPORTS, INC. FOR NON-EMPLOYEE DIRECTORS Amended and Restated as of April 17, 2012 RESTRICTED STOCK AGREEMENTRestricted Stock Agreement • May 3rd, 2012 • Speedway Motorsports Inc • Services-racing, including track operation • North Carolina
This Restricted Stock Agreement (the “Restricted Stock Agreement”) is entered into as of (the “Grant Date”) between SPEEDWAY MOTORSPORTS, INC., a Delaware corporation (the “Company”), and (the “Non-Employee Director”).
FOURTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • November 8th, 2006 • Speedway Motorsports Inc • Services-racing, including track operation
THIS FOURTH AMENDMENT TO CREDIT AGREEMENT, dated as of May 15, 2006 (this “Amendment”), relating to the Credit Agreement referenced below, is by and among Speedway Motorsports, Inc., a Delaware corporation (“SMI”), and Speedway Funding, LLC, a Delaware limited liability company) (“Speedway Funding” and together with SMI, the “Borrowers”), the subsidiaries and related parties identified as Guarantors on the signature pages hereto, the Lenders identified on the signature pages hereto, Bank of America, N.A., a national banking association, as Administrative Agent for the Lenders (in such capacity, the “Administrative Agent”), Wachovia Bank, National Association, as Syndication Agent (in such capacity, the “Syndication Agent”), Calyon New York Branch (successor in interest to Credit Lyonnais New York Branch) and SunTrust Bank, as the Documentation Agents (in such capacity, the “Documentation Agents”), and Banc of America Securities LLC, as Lead Arranger and Book Manager for the Lenders. Te
