SECURITY AGREEMENT (All Assets)Security Agreement • December 30th, 2011 • Manitex International, Inc. • Special industry machinery, nec • Michigan
As of December 23, 2011 for value received, the undersigned, MANITEX INTERNATIONAL, INC., a Michigan corporation (“Debtor”), grants to COMERICA BANK, a Texas banking association and authorized foreign bank under the Bank Act (Canada) (“Bank”), whose address is 39200 Six Mile Road, Livonia, Michigan 48152 , Attention: Commercial Loan Documentation, Mail Code 7578, a continuing security interest and lien (any pledge, assignment, security interest or other lien arising hereunder is sometimes referred to herein as a “security interest”) in the Collateral (as defined below) to secure payment when due, whether by stated maturity, demand, acceleration or otherwise, of all existing and future indebtedness to the Bank of MANITEX LIFTKING, ULC, an Alberta corporation (“Borrower”) arising under the Amended and Restated Master Revolving Note in the original principal amount of SIX MILLION FIVE HUNDRED THOUSAND AND 00/100 US DOLLARS (US$6,500,000.00) dated December ___, 2011 by the Borrower in favo
GuarantyGuaranty • December 30th, 2011 • Manitex International, Inc. • Special industry machinery, nec • Michigan
The undersigned, MANITEX, LLC, a Delaware limited liability company, for value received, unconditionally and absolutely guarantee(s) to COMERICA BANK, a Texas banking association and authorized foreign bank under the Bank Act (Canada) (“Bank”), and to the Bank’s successors and assigns, payment when due, whether by stated maturity, demand, acceleration or otherwise, of all existing and future Indebtedness (as hereinafter defined) to the Bank of MANITEX LIFTKING, ULC, an Alberta corporation, or any successor in interest, including, without limit, any debtor-in-possession or trustee in bankruptcy which succeeds to the interest of this party or person (jointly and severally the “Borrower”). “Indebtedness” shall mean any and all indebtedness, obligations or liabilities of the Borrower to the Bank, arising under the Amended and Restated Master Revolving Note in the original principal amount of SIX MILLION FIVE HUNDRED THOUSAND AND 00/100 US DOLLARS (US$6,500,000.00) dated December , 2011 by
GUARANTEEManitex International, Inc. • December 30th, 2011 • Special industry machinery, nec
As of December 23, 2011, the undersigned, MANITEX, LLC, a Delaware limited liability company, for value received, unconditionally and absolutely guarantee(s) to COMERICA BANK (“Bank”), a Texas banking association and an 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 to Bank of MANITEX LIFTKING, ULC, an Alberta corporation (“Borrower”) corporation (“Borrower”) under that certain Specialized Equipment Export Facility Master Revolving Note, in the original principal amount of US$2,000,000 dated as of even date herewith, as amended, modified or restated from time to time (the “Note”), together with all interest, fees and all costs and expenses payable by the undersigned hereunder (including attorneys’ fees) incurred by Bank in the collection of such principal and interest guaranteed hereby, together with accrued interest on the indebtedness guaranteed hereunder at
GuarantyManitex International, Inc. • December 30th, 2011 • Special industry machinery, nec • Michigan
The undersigned, MANITEX INTERNATIONAL, INC., a Michigan corporation, for value received, unconditionally and absolutely guarantee(s) to COMERICA BANK, a Texas banking association and authorized foreign bank under the Bank Act (Canada) (“Bank”), and to the Bank’s successors and assigns, payment when due, whether by stated maturity, demand, acceleration or otherwise, of all existing and future Indebtedness (as hereinafter defined) to the Bank of MANITEX LIFTKING, ULC, an Alberta corporation, or any successor in interest, including, without limit, any debtor-in-possession or trustee in bankruptcy which succeeds to the interest of this party or person (jointly and severally the “Borrower”). “Indebtedness” shall mean any and all indebtedness, obligations or liabilities of the Borrower to the Bank, arising under the Amended and Restated Master Revolving Note in the original principal amount of SIX MILLION FIVE HUNDRED THOUSAND AND 00/100 US DOLLARS (US$6,500,000.00) dated December ___, 2011
AMENDMENT TO SECURITY AGREEMENTSecurity Agreement • December 30th, 2011 • Manitex International, Inc. • Special industry machinery, nec
This Amendment to Security Agreement (“Amendment”) dated as of December 23, 2011, is made by and between MANITEX LIFTKING, ULC, an Alberta corporation (“Debtor”) and COMERICA BANK (“Bank”), a Texas banking association and authorized foreign bank under the Bank Act (Canada) to amend the Security Agreement dated on or about December 29, 2006, made by the Debtor to Bank (the “Agreement”).
Manitex LiftKing, ULC Woodbridge, Ontario Ladies and Gentlemen:Manitex International, Inc. • December 30th, 2011 • Special industry machinery, nec • Ontario
This letter constitutes an amendment and restatement of that certain letter agreement by and between COMERICA BANK (“Bank”), a Texas banking association and authorized foreign bank under the Bank Act (Canada), successor in interest by merger to Comerica Bank, a Michigan banking corporation, and MANITEX LIFTKING, ULC, an Alberta corporation (the “Company”), dated on or about December 29, 2006, pertaining to certain loans and other credit which Bank has made and/or may from time to time hereafter make available to Company.
AMENDED AND RESTATED MASTER REVOLVING NOTE (Multi-Currency)Master Revolving Note • December 30th, 2011 • Manitex International, Inc. • Special industry machinery, nec
This Note is a note under which Advances, repayments and re-Advances may be made from time to time, subject to the terms and conditions of this Note; provided, however, in no event shall Bank be obligated to make any Advances or re-Advances hereunder (notwithstanding anything expressed or implied herein or elsewhere to the contrary, including, without limit, if Bank supplies Borrower with a borrowing formula) in the event that any Default, or any condition or event which, with the giving of notice or the running of time, or both, would constitute a Default, shall have occurred and be continuing or exist and Bank, at any time and from time to time, without notice, and in its sole and absolute discretion, may refuse to make any Advance or re-Advance to Borrower without incurring any liability due to this refusal and without affecting Borrower’s liability under this Note for any and all amounts advanced.
SPECIALIZED EQUIPMENT EXPORT FACILITY MASTER REVOLVING NOTE (Multi-Currency)Manitex International, Inc. • December 30th, 2011 • Special industry machinery, nec
This Note is a note under which Advances, repayments and re-Advances may be made from time to time, subject to the terms and conditions of this Note; provided, however, in no event shall Bank be obligated to make any Advances or re-Advances hereunder (notwithstanding anything expressed or implied herein or elsewhere to the contrary, including, without limit, if Bank supplies Borrower with a borrowing formula) in the event that any Default, or any condition or event which, with the giving of notice or the running of time, or both, would constitute a Default, shall have occurred and be continuing or exist.
Advance Formula AgreementAdvance Formula Agreement • December 30th, 2011 • Manitex International, Inc. • Special industry machinery, nec • Ontario
As of December 23, 2011, this Advance Formula Agreement (as amended, varied, supplemented, restated, renewed or replaced at any time and from time to time, this “Agreement”) is made by MANITEX LIFTKING, ULC, an Alberta corporation (“Debtor”) in favour of COMERICA BANK (“Bank”), a Texas banking association and an authorized foreign bank under the Bank Act (Canada).
