AMONGShare Purchase Agreement • October 5th, 2006 • Vitran Corp Inc • Arrangement of transportation of freight & cargo • Pennsylvania
THIRD AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • October 5th, 2006 • Vitran Corp Inc • Arrangement of transportation of freight & cargo • Ontario
SHAREHOLDER RIGHTS PLAN AGREEMENTShareholder Rights Plan Agreement • November 5th, 2013 • Vitran Corp Inc • Arrangement of transportation of freight & cargo • Ontario
THIS SHAREHOLDER RIGHTS PLAN AGREEMENT dated November 4, 2013 between VITRAN CORPORATION INC. (the “Corporation”), a corporation incorporated under the laws of Ontario, and COMPUTERSHARE TRUST COMPANY OF CANADA, a trust company existing under the federal laws of Canada, as Rights Agent (the “Rights Agent”, which term shall include any successor Rights Agent hereunder).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • September 22nd, 2009 • Vitran Corp Inc • Arrangement of transportation of freight & cargo • New York
REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of September 21, 2009, by and among Vitran Corporation Inc., a corporation organized under the laws of the Province of Ontario (the “Company”), and the undersigned purchasers (each, a “Purchaser,” and collectively, the “Purchasers”).
ARRANGEMENT AGREEMENTArrangement Agreement • December 31st, 2013 • Vitran Corp Inc • Arrangement of transportation of freight & cargo • Ontario
THIS AGREEMENT WITNESSES THAT in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), the Parties hereto covenant and agree as follows:
AGREEMENT OF JOINT FILINGAgreement of Joint Filing • December 31st, 2012 • Vitran Corp Inc • Arrangement of transportation of freight & cargo
In accordance with Rule 13d-1(k) under the Securities Exchange Act of 1934, as amended, the undersigned hereby confirm the agreement by and among them to the joint filing on behalf of them of the Statement on Schedule 13D with respect to the securities of the above referenced issuer and any and all amendments thereto and that this Agreement be included as an Exhibit to such filing. This Agreement may be executed in any number of counterparts each of which shall be deemed to be an original and all of which together shall be deemed to constitute one and the same Agreement.
CREDIT AGREEMENT dated as of November 30, 2011 among VITRAN CORPORATION INC. and VITRAN EXPRESS CANADA INC., as Canadian Borrowers VITRAN CORPORATION, VITRAN EXPRESS, INC., LAS VEGAS/L.A. EXPRESS, INC., VITRAN LOGISTICS CORP., VITRAN LOGISTICS, INC.,...Credit Agreement • February 9th, 2012 • Vitran Corp Inc • Arrangement of transportation of freight & cargo • Ontario
CREDIT AGREEMENT dated as of November 30, 2011 (as it may be amended or modified from time to time, this “Agreement”), among VITRAN CORPORATION INC., an Ontario corporation, and VITRAN EXPRESS CANADA INC., an Ontario corporation, as Canadian Borrowers, VITRAN CORPORATION, a Nevada corporation, VITRAN EXPRESS, INC., a Pennsylvania corporation, LAS VEGAS/L.A. EXPRESS, INC., a California corporation, VITRAN LOGISTICS CORP., a Delaware corporation, VITRAN LOGISTICS, INC., an Indiana corporation, SHORTHAUL TRANSPORT CORPORATION, an Indiana corporation, and MIDWEST SUPPLY CHAIN, INC., a Kansas corporation, as U.S. Borrowers, the other Loan Parties party hereto from time to time, the Lenders party hereto, JPMORGAN CHASE BANK, N.A., as Administrative Agent, and JPMORGAN CHASE BANK, N.A., TORONTO BRANCH, as Canadian Administrative Agent.
NOTEVitran Corp Inc • April 29th, 2013 • Arrangement of transportation of freight & cargo • Oregon
FOR VALUE RECEIVED, the undersigned, VITRAN ILLINOIS, LLC, a Delaware limited liability company (“Borrower”), promises to pay in lawful money of the United States, to the order of STANDARD INSURANCE COMPANY, an Oregon corporation (together with any assigns, collectively, “Lender”), at its office in Hillsboro, Oregon, or such other place as Lender may designate, the principal amount of a loan (“Loan”) of One Million Two Hundred Forty-Five Thousand and No/100ths Dollars ($1,245,000.00), together with interest thereon, on the following agreements, terms and conditions.
SHARE PURCHASE AGREEMENTShare Purchase Agreement • June 3rd, 2005 • Vitran Corp Inc • Arrangement of transportation of freight & cargo • Kansas
THIS AGREEMENT WITNESSES THAT in consideration of the respective covenants, agreements, representations, warranties and indemnities herein contained and for other good and valuable consideration (the receipt and sufficiency of which are acknowledged by each party), the parties agree as follows:
TRANSACTION INCENTIVE AGREEMENTTransaction Incentive Agreement • November 4th, 2013 • Vitran Corp Inc • Arrangement of transportation of freight & cargo • Ontario
THIS TRANSACTION INCENTIVE AGREEMENT (the “Agreement”) is dated and signed this 29th day of October 2013, but with effect as of the 30th day of September, 2013 (the “Effective Date”), by and between Vitran Corporation Inc., an Ontario corporation (the “Company”) and Fayaz Suleman (the “Executive”).
SECOND AMENDED AND RESTATED CREDIT AGREEMENT between THE BANK OF NOVA SCOTIA as Agent and THE BANK OF NOVA SCOTIA, LAURENTIAN BANK OF CANADA and other financial institutions as Lenders and VITRAN CORPORATION INC. and VITRAN EXPRESS CANADA INC. as...Credit Agreement • May 15th, 2006 • Vitran Corp Inc • Arrangement of transportation of freight & cargo • Ontario
THE BANK OF NOVA SCOTIA, LAURENTIAN BANK OF CANADA and one or more financial institutions to whom any of the foregoing or their assigns may from time to time assign an undivided interest in the Loan Documents (as defined herein) and who agree to be bound by the terms hereof as a Lender (as defined herein)
AMENDMENT NO. 7 TO CREDIT AGREEMENTCredit Agreement • February 11th, 2011 • Vitran Corp Inc • Arrangement of transportation of freight & cargo • Ontario
WHEREAS the Agent, the Lenders and the Borrowers entered into a Credit Agreement dated as of July 31, 2007 (the “Original Credit Agreement”);
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • February 9th, 2012 • Vitran Corp Inc • Arrangement of transportation of freight & cargo • Ontario
WHEREAS the Borrower, the Guarantors, the Agent and the other Persons signatory thereto have entered into a Credit Agreement dated as of November 30, 2011 (including all annexes, exhibits and schedules thereto, as the same has been or may be amended, modified, restated, supplemented or replaced from time to time, the “Credit Agreement”);
AMENDMENT NO. 4 TO CREDIT AGREEMENTCredit Agreement • March 11th, 2009 • Vitran Corp Inc • Arrangement of transportation of freight & cargo • Ontario
WHEREAS the Agent, the Lenders and the Borrowers entered into a Credit Agreement dated as of July 31, 2007 (the "Original Credit Agreement");
AMENDMENT NO. 5 TO CREDIT AGREEMENTCredit Agreement • May 28th, 2009 • Vitran Corp Inc • Arrangement of transportation of freight & cargo • Ontario
WHEREAS the Agent, the Lenders and the Borrowers entered into a Credit Agreement dated as of July 31, 2007 (the "Original Credit Agreement");
SECOND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • November 5th, 2012 • Vitran Corp Inc • Arrangement of transportation of freight & cargo • Ontario
AND: VITRAN CORPORATION, VITRAN EXPRESS, INC., LAS VEGAS/L.A. EXPRESS, INC., VITRAN LOGISTICS CORP., VITRAN LOGISTICS, INC., SHORTHAUL TRANSPORT CORPORATION and MIDWEST SUPPLY CHAIN, INC., as U.S. Borrowers
AMENDED AND RESTATED CREDIT AGREEMENT between THE BANK OF NOVA SCOTIA as Agent and THE BANK OF NOVA SCOTIA, LAURENTIAN BANK OF CANADA and other financial institutions as Lenders and VITRAN CORPORATION INC. and TRANS WESTERN EXPRESS INC. as BorrowersCredit Agreement • June 23rd, 2003 • Vitran Corp Inc • Arrangement of transportation of freight & cargo • Ontario
Schedule A — Pricing Grid Schedule B — Individual Commitments Schedule C — Compliance Certificate Schedule D — Form of Assignment Schedule E — Form of Drawdown/Rollover/Conversion Notice Schedule F — Form of Power of Attorney Schedule G — Litigation Schedule H — Permitted Liens Schedule I — Freehold Parcels Schedule J — Leasehold Parcels Schedule K — Issued Capital
VITRAN CORPORATION INC. 2,000,000 Class A Voting Shares UNDERWRITING AGREEMENTUnderwriting Agreement • December 18th, 2003 • Vitran Corp Inc • Arrangement of transportation of freight & cargo • New York
AVONDALE PARTNERS, LLC STEPHENS INC. ORION SECURITIES INC. PARADIGM CAPITAL INC. c/o Avondale Partners, LLC 3102 West End Avenue, Suite 1100 Nashville, Tennessee 37203
SHARE PURCHASE AGREEMENT Dated February 12, 2013 Between VITRAN EXPRESS CANADA INC. and VITRAN CORPORATION and LEGACY SCO, INC.Share Purchase Agreement • February 19th, 2013 • Vitran Corp Inc • Arrangement of transportation of freight & cargo • Ontario
EMPLOYMENT AGREEMENT made as of this 29th day of April, 2004Employment Agreement • May 7th, 2004 • Vitran Corp Inc • Arrangement of transportation of freight & cargo • Ontario
WHEREAS the Employee has been employed with the Company since September 11, 1989 and has been serving the Company in the capacity of President and Chief Executive Officer since May 2002.
CREDIT AGREEMENT between JPMORGAN CHASE BANK, N.A. as Agent and JPMORGAN CHASE BANK, N.A., JPMORGAN CHASE BANK, N.A., TORONTO BRANCH, those other financial institutions whose names appear on the signature pages hereto and the other persons from time...Credit Agreement • August 9th, 2007 • Vitran Corp Inc • Arrangement of transportation of freight & cargo • Ontario
SCHEDULE A — Pricing Grid SCHEDULE B — Individual Commitments SCHEDULE C — Compliance Certificate SCHEDULE D — Form of Assignment SCHEDULE E — Form of Drawdown/Rollover/Conversion Notice SCHEDULE F — Litigation SCHEDULE G — Permitted Liens SCHEDULE H — Freehold Parcels SCHEDULE I — Leasehold Parcels SCHEDULE J — Pledged Capital SCHEDULE K — Disclosure Schedule SCHEDULE L — Organizational Chart SCHEDULE M — Security Documents SCHEDULE N — Pension plans SCHEDULE O — Instrument of adherence SCHEDULE P — Permitted Debt
EMPLOYMENT AGREEMENT made as of this day of April, 2004Employment Agreement • May 7th, 2004 • Vitran Corp Inc • Arrangement of transportation of freight & cargo • Ontario
WHEREAS the Employee has been employed with the Company since October 19, 1998 and is currently serving the Company in the capacity of Vice President Finance and Chief Financial Officer;
AMENDMENT NO. 8 TO CREDIT AGREEMENTCredit Agreement • August 9th, 2011 • Vitran Corp Inc • Arrangement of transportation of freight & cargo • Ontario
WHEREAS the Agent, the Lenders and the Borrowers entered into a Credit Agreement dated as of July 31, 2007 (the “Original Credit Agreement”);
RETENTION INCENTIVE AGREEMENTRetention Incentive Agreement • July 3rd, 2013 • Vitran Corp Inc • Arrangement of transportation of freight & cargo • Ontario
THIS RETENTION INCENTIVE AGREEMENT (the “Agreement”) is made as of the 28th day of June, 2013, by and between Vitran Corporation Inc., an Ontario corporation (the “Company”) and Fayaz Suleman (the “Executive”).
FOURTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • February 21st, 2013 • Vitran Corp Inc • Arrangement of transportation of freight & cargo • Ontario
WHEREAS the Borrowers, the Guarantors, the Agent and the other Persons signatory thereto have entered into a Credit Agreement dated as of November 30, 2011, as amended by that certain First Amendment to Credit Agreement dated as of December 29, 2011, and by that certain Second Amendment to Credit Agreement dated as of October 10, 2012, and by that certain Third Amendment to Credit Agreement dated as of December 28, 2012 (including all annexes, exhibits and schedules thereto, as the same has been or may be further amended, modified, restated, supplemented or replaced from time to time, collectively the “Credit Agreement”);
AMENDMENT NO. 3 TO CREDIT AGREEMENTCredit Agreement • January 5th, 2009 • Vitran Corp Inc • Arrangement of transportation of freight & cargo • Ontario
WHEREAS the Agent, the Lenders and the Borrowers entered into a Credit Agreement dated as of July 31, 2007 (the "Original Credit Agreement");
FOURTH AMENDING AGREEMENTFourth Amending Agreement • January 18th, 2005 • Vitran Corp Inc • Arrangement of transportation of freight & cargo • Ontario
THE BANK OF NOVA SCOTIA and LAURENTIAN BANK OF CANADA, and one or more financial institutions to whom either or both of the foregoing or their respective permitted assigns may from time to time assign an undivided interest in the Loan Documents and who agree to be bound by the terms of the Credit Agreement as a Lender
THIRD AMENDMENT TO CREDIT AGREEMENTJoinder Agreement • February 21st, 2013 • Vitran Corp Inc • Arrangement of transportation of freight & cargo • Ontario
WHEREAS the Borrowers, the Guarantors, the Agent and the other Persons signatory thereto have entered into a Credit Agreement dated as of November 30, 2011, as amended by that certain First Amendment to Credit Agreement dated as of December 29, 2011 and by that Second Amendment to Credit Agreement dated as of October 10, 2012 (including all annexes, exhibits and schedules thereto, as the same has been or may be further amended, modified, restated, supplemented or replaced from time to time, collectively the “Credit Agreement”);
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • September 18th, 2009 • Vitran Corp Inc • Arrangement of transportation of freight & cargo • New York
This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of September 17 th, 2009, is made by and among Vitran Corporation Inc., a corporation organized under the laws of the Province of Ontario (the “Company”), and each of the purchasers (individually, a “Purchaser” and collectively the “Purchasers”) set forth on the execution pages hereof (each, an “Execution Page” and collectively the “Execution Pages”).
STOCK SALE AND PURCHASE AGREEMENTStock Sale and Purchase Agreement • September 26th, 2013 • Vitran Corp Inc • Arrangement of transportation of freight & cargo • Michigan
This STOCK SALE AND PURCHASE AGREEMENT (this “Agreement”) is made by and between Vitran Corporation Inc., an Ontario corporation (the “Seller”) and Data Processing, LLC, a Michigan limited liability company (the “Buyer”). The Seller and the Buyer are also referred to herein individually as a “Party” and collectively as the “Parties.” Where required by the context of this Agreement, “Seller” shall include Vitran Corporation Inc. and all non-U.S. entities owned thereby. Where required by the context of this Agreement, “Target” shall include Vitran Corporation, a Nevada corporation, and all of its subsidiaries.
AMENDMENT NO. 2 TO CREDIT AGREEMENT THIS AMENDING AGREEMENT is made as of the 10th day of April, 2008,Credit Agreement • April 24th, 2008 • Vitran Corp Inc • Arrangement of transportation of freight & cargo • Ontario
WHEREAS the Agent, the Lenders and the Borrowers entered into a Credit Agreement dated as of July 31, 2007 (the “Original Credit Agreement”);
AMENDMENT NO. 6 TO CREDIT AGREEMENTCredit Agreement • September 18th, 2009 • Vitran Corp Inc • Arrangement of transportation of freight & cargo • Ontario
WHEREAS the Agent, the Lenders and the Borrowers entered into a Credit Agreement dated as of July 31, 2007 (the “Original Credit Agreement”);
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • June 20th, 2013 • Vitran Corp Inc • Arrangement of transportation of freight & cargo • Ontario
WHEREAS the Executive is a member of the board of directors of the Company (the “Board”) and the Company wishes to employ the Executive in the capacity of Interim President and Chief Executive Officer, on the terms and conditions set out in this agreement;
EXECUTIVE EMPLOYMENT AGREEMENT made as of this March 16, 2009Executive Employment Agreement • March 17th, 2009 • Vitran Corp Inc • Arrangement of transportation of freight & cargo • Ontario
WHEREAS the Executive has been employed with the Company since September 11, 1989 and is currently serving the Company in the capacity of President and Chief Executive Officer;
TERMINATION OF SHAREHOLDERS’ AGREEMENT RELATING TO VITRAN CORPORATION INC.Termination of Shareholders’ Agreement • June 23rd, 2003 • Vitran Corp Inc • Arrangement of transportation of freight & cargo
WHEREAS, the undersigned are all of the parties to a Shareholders’ Agreement made as of the 15th day of July, 1987 with respect to Vitran Corporation Inc.; and
