GuarantyGuaranty • May 17th, 2007 • Veri-Tek International, Corp. • Special industry machinery, nec • Michigan
As of December 29, 2006, the undersigned, for value received, unconditionally and absolutely guarantee(s) to Comerica Bank (“Bank”), a Michigan banking corporation and authorized foreign bank under the Bank Act (Canada), payment when due, whether by stated maturity, demand, acceleration or otherwise, of all existing and future indebtedness (“Indebtedness”) to the Bank of Manitex LiftKing, ULC, an Alberta corporation (“Borrower”). Indebtedness includes without limit any and all obligations or liabilities of the Borrower to the Bank, whether absolute or contingent, direct or indirect, voluntary or involuntary, liquidated or unliquidated, joint or several, known or unknown; any and all indebtedness, obligations or liabilities for which Borrower would otherwise be liable to the Bank were it not for the invalidity, irregularity or unenforceability of them by reason of any bankruptcy, insolvency or other law or order of any kind, or for any other reason; any and all amendments, modifications
Manitex LiftKing, ULC [ADDRESS] Ladies and Gentlemen:Veri-Tek International, Corp. • May 17th, 2007 • Special industry machinery, nec • Ontario
This letter constitutes an agreement by and between COMERICA BANK, a Michigan banking corporation and authorized foreign bank under the Bank Act (Canada) (herein called “Bank”), and MANITEX LIFTKING, ULC, an Alberta corporation (herein called “Company”), pertaining to certain loans and other credit which Bank has made and/or may from time to time hereafter make available to Company.
Security Agreement (All Assets)Security Agreement • May 17th, 2007 • Veri-Tek International, Corp. • Special industry machinery, nec • Ontario
As of December 29, 2006, for value received, the undersigned (“Debtor”) grants to COMERICA BANK (“Bank”), a Michigan banking corporation and an authorized foreign bank under the Bank Act (Canada), a continuing security interest and lien (sometimes referred to herein as a “security interest”) in the Collateral (as defined below) on the terms set out in this Security Agreement (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) to secure payment when due, whether by stated maturity, demand, acceleration or otherwise, of all existing and future indebtedness of Debtor to Bank (“Indebtedness”). Indebtedness includes, without limitation, any and all obligations and liabilities of Debtor to Bank, whether absolute or contingent, direct or indirect, voluntary or involuntary, liquidated or unliquidated, joint or several, known or unknown; any and all obligations or liabilities for which Debtor would otherwise be liable to Bank were it not for the invali
Advance Formula AgreementAdvance Formula Agreement • May 17th, 2007 • Veri-Tek International, Corp. • Special industry machinery, nec • Ontario
For and in consideration of the loans and other credit which Debtor may now or hereafter obtain or request from Bank which are secured pursuant to a Security Agreement dated as of the date herewith, executed and delivered by Debtor to and in favour of Bank (as amended, varied, supplemented, restated, renewed or replaced at any time and from time to time, the “Security Agreement”), and for other good and valuable consideration, Debtor agrees as follows:
