0001020710-23-000095 Sample Contracts

TERM LOAN AND SECURITY AGREEMENT Dated as of December 23, 2020, as amended by that certain, Amendment No. 1 and Joinder Agreement to Term Loan and Security Agreement dated as of November 22, 2022, as further amended by that certain, Amendment No. 2...
Term Loan and Security Agreement • October 17th, 2023 • DXP Enterprises Inc • Wholesale-industrial machinery & equipment • New York

THIS TERM LOAN AND SECURITY AGREEMENT is dated as of December 23, 2020 (this “Agreement”), among DXP ENTERPRISES, INC., a Texas corporation (the “Borrower”), the other Persons party to this Agreement from time to time as Guarantors (as defined herein), the financial institutions party to this Agreement from time to time as Lenders, GOLDMAN SACHS BANK USA, as administrative agent for the Lenders and collateral agent for the Secured Parties, GOLDMAN SACHS BANK USA, BofA SECURITIES, INC. and BMO CAPITAL MARKETS CORP. as joint lead arrangers and joint bookrunners, STEPHENS INC., as Manager, and GOLDMAN SACHS BANK USA, as sole syndication agent (in such capacity, the “Syndication Agent”).

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AMENDMENT NO. 2 AND JOINDER AGREEMENT TO TERM LOAN AND SECURITY AGREEMENT
And Joinder Agreement • October 17th, 2023 • DXP Enterprises Inc • Wholesale-industrial machinery & equipment • New York

This Amendment No. 2 and Joinder Agreement to Term Loan and Security Agreement, dated as of October 13, 2023 (this “Agreement”), is among DXP ENTERPRISES, INC., a Texas corporation (the “Borrower”), certain subsidiaries of the Borrower as Guarantors, the 2023 Refinancing-Incremental Lender (as defined below), GOLDMAN SACHS BANK USA, as administrative agent for the Lenders (in such capacity, “Administrative Agent”) and as lead arranger, bookrunner and the sole syndication agent.

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