0001364479-19-000019 Sample Contracts

CREDIT AGREEMENT Dated as of July 31, 2019
Credit Agreement • July 31st, 2019 • Herc Holdings Inc • Services-miscellaneous equipment rental & leasing • New York

This Credit Agreement, dated as of July 31, 2019, among the financial institutions from time to time parties hereto (such financial institutions, together with their respective successors and assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), Bank of America, N.A., with an office at One Bryant Park, New York, New York 10036, as Agent, U.S. Swingline Lender and Letter of Credit Issuer, Bank of America, N.A., acting through its Canada branch, with an office at 181 Bay Street, Toronto Ontario, M5J2V8, as Canadian Swingline Lender, Bank of America, N.A., JPMorgan Chase Bank, N.A., Capital One, National Association, Wells Fargo Bank, National Association, Bank of Montreal, Credit Agricole Corporate and Investment Bank, Goldman Sachs Bank USA, ING Capital LLC, MUFG Union Bank, N.A., and TD Bank, N.A., as co-syndication agents (each, in its capacity as a co-syndication agent, a “Co-Syndication Agent”), Herc Holdings Inc., a Delaware corpor

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CANADIAN GUARANTEE AND COLLATERAL AGREEMENT made by
Canadian Guarantee and Collateral Agreement • July 31st, 2019 • Herc Holdings Inc • Services-miscellaneous equipment rental & leasing • Ontario

CANADIAN GUARANTEE AND COLLATERAL AGREEMENT, dated as of July 31, 2019, made by MATTHEWS EQUIPMENT LIMITED, an Ontario corporation (together with its successors and assigns, “Matthews”), and certain of its Subsidiaries in favour of BANK OF AMERICA, N.A., as agent (in such capacity, and together with its successors and assigns in such capacity, the “Agent”) for the Secured Parties.

U.S. GUARANTEE AND COLLATERAL AGREEMENT made by
Guarantee and Collateral Agreement • July 31st, 2019 • Herc Holdings Inc • Services-miscellaneous equipment rental & leasing • New York

WHEREAS, pursuant to that certain Credit Agreement, dated as of the date hereof (as amended, amended and restated, waived, supplemented or otherwise modified from time to time, together with any agreement extending the maturity of, or restructuring, refunding, refinancing or increasing the Indebtedness under such agreement or successor agreements, the “Credit Agreement”), among Holdings, the U.S. Subsidiary Borrowers from time to time party thereto (together with Holdings, the “U.S. Borrowers”), Matthews Equipment Limited (the “Canadian Borrower” and, together with the U.S. Borrowers, the “Borrowers”), Bank of America, N.A., as Agent, and the other parties party thereto, the Lenders have severally agreed to make extensions of credit to the Borrowers upon the terms and subject to the conditions set forth therein;

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