CAL FUNDING II LIMITED Issuer and WELLS FARGO BANK, NATIONAL ASSOCIATION Indenture Trustee INDENTURE Dated as of October 18, 2012Intercreditor Collateral Agreement • October 23rd, 2012 • CAI International, Inc. • Services-equipment rental & leasing, nec • New York
This Indenture, dated as of October 18, 2012 (as amended or supplemented from time to time as permitted hereby, the “Indenture”), between CAL Funding II Limited, an exempted company with limited liability incorporated and existing under the laws of Bermuda (the “Issuer”), and Wells Fargo Bank, National Association, a national banking association, as Indenture Trustee (the “Indenture Trustee”).
ContractPerformance Guaranty • October 23rd, 2012 • CAI International, Inc. • Services-equipment rental & leasing, nec • New York
CONTAINER PURCHASE AGREEMENT Dated as of October 19, 2012 By and between CONTAINER APPLICATIONS LIMITED, a Barbados company and DRITTE SCHROEDER CONTAINER BETEILIGUNGSGESELLSCHAFT MBH & CO KG, an Austrian companyContainer Purchase Agreement • October 23rd, 2012 • CAI International, Inc. • Services-equipment rental & leasing, nec • California
This CONTAINER PURCHASE AGREEMENT (the “Agreement”) is entered into as of October 19, 2012, by and between CONTAINER APPLICATIONS LIMITED, a company organized and existing under the laws of Barbados (“Buyer”), and DRITTE SCHROEDER CONTAINER BETEILIGUNGSGESELLSCHAFT MBH & CO KG, a company organized and existing under the laws of Austria (“Seller”).
CONTRIBUTION AND SALE AGREEMENTContribution and Sale Agreement • October 23rd, 2012 • CAI International, Inc. • Services-equipment rental & leasing, nec • New York
THIS CONTRIBUTION AND SALE AGREEMENT, dated as of October 18, 2012 (as amended, modified or supplemented from time to time in accordance with its terms, this “Agreement”), is entered into between CONTAINER APPLICATIONS LIMITED, an international business company incorporated and licensed under the laws of Barbados (“CAL” or the “Seller”) with its principal place of business located at Suite 102, Bush Hill, Bay Street, St. Michael, Barbados, West Indies and CAL FUNDING II LIMITED, an exempted company with limited liability incorporated and existing under the laws of Bermuda (the “Company” or the “Issuer”) with its principal place of business located at Clarendon House, 2 Church Street, Hamilton HM 11 Bermuda.
NOTE PURCHASE AGREEMENTNote Purchase Agreement • October 23rd, 2012 • CAI International, Inc. • Services-equipment rental & leasing, nec • New York
NOTE PURCHASE AGREEMENT (as amended, modified and supplemented from time to time in accordance with its terms, the “Agreement”), dated as of October 11, 2012, by and among:
