AMENDED AND RESTATED CREDIT AGREEMENT Dated as of November 3, 2014 among QUALITY DISTRIBUTION, INC., as Holdings, QUALITY DISTRIBUTION, LLC, as Borrower, THE LENDERS PARTY HERETO, BANK OF AMERICA, N.A., as Administrative Agent and Collateral Agent,...Credit Agreement • November 5th, 2014 • Quality Distribution Inc • Trucking (no local) • New York
Any increase or decrease in the Applicable Margin resulting from a change in the Senior Secured Leverage Ratio shall become effective as of the first Business Day immediately following the date of the first applicable financial officer’s certificate received following the Closing Date, pursuant to Section 5.04(d). Notwithstanding anything to the contrary contained in this clause (b) or elsewhere in this Agreement, if it is subsequently determined that the Senior Secured Leverage Ratio set forth in any such financial officer’s certificate delivered to the Administrative Agent is inaccurate for any reason and the result thereof is that the Lenders received interest or fees for any period based on an Applicable Margin that is less than that which would have been applicable had the Senior Secured Leverage Ratio been accurately determined, then, for all purposes of this Agreement, the “Applicable Margin” for any day occurring within the period covered by such financial officer’s certificate
SUBSIDIARY LOAN PARTY ACKNOWLEDGEMENTQuality Distribution Inc • November 5th, 2014 • Trucking (no local)
This SUBSIDIARY LOAN PARTY ACKNOWLEDGEMENT (this “Acknowledgement”), dated as of November 3, 2014, is made by and among each of the subsidiaries of Quality Distribution LLC, a Delaware limited liability company (the “Borrower”) listed on the signature pages hereto (collectively, the “Subsidiary Loan Parties”), and for the benefit of the Lenders (as defined below), Bank of America, N.A. (“Bank of America”), as administrative agent (in such capacity, the “Administrative Agent”) for the Lenders under the Credit Agreement (as defined below) and as collateral agent (in such capacity, the “Collateral Agent”) for the Lenders. All capitalized terms not otherwise defined in this Acknowledgement have the same meanings as specified in the Credit Agreement (as defined below).
