AMENDED AND RESTATED AMENDMENT NUMBER ONE TO CREDIT AGREEMENT andCredit Agreement • June 15th, 2017 • Jack Cooper Holdings Corp. • Trucking (no local) • New York
THIS CREDIT AGREEMENT (this “Agreement”), is entered into as of October 28, 2016, by and among the lenders identified on the signature pages hereof (each of such lenders, together with their respective successors and permitted assigns, are referred to hereinafter as a “Lender”, as that term is hereinafter further defined), WILMINGTON TRUST, NATIONAL ASSOCIATION, as agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, “Agent”), JACK COOPER HOLDINGS CORP., a Delaware corporation (“Borrower”).
AMENDED AND RESTATED AMENDMENT NUMBER FIVE TO AMENDED AND RESTATED CREDIT AGREEMENT AND AMENDMENT NUMBER TWO TO AMENDED AND RESTATED SECURITY AGREEMENTCredit Agreement • June 15th, 2017 • Jack Cooper Holdings Corp. • Trucking (no local) • California
THIS AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”), is entered into as of June 18, 2013, by and among the lenders identified on the signature pages hereof (each of such lenders, together with their respective successors and permitted assigns, are referred to hereinafter as a “Lender”, as that term is hereinafter further defined), WELLS FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company, as agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, “Agent”), JACK COOPER HOLDINGS CORP., a Delaware corporation (“Parent”) and the Subsidiaries of Parent identified on the signature pages hereof (such Subsidiaries, together with Parent, are referred to hereinafter each individually as a “Borrower”, and individually and collectively, jointly and severally, as the “Borrowers”).
SUPPORT AGREEMENTSupport Agreement • June 15th, 2017 • Jack Cooper Holdings Corp. • Trucking (no local) • New York
This SUPPORT AGREEMENT is made and entered into as of June __, 2017 (as amended, supplemented or otherwise modified in accordance herewith, this “JCEI Support Agreement”) by (i) Jack Cooper Enterprises, Inc., a Delaware corporation (“JCEI”); and (ii) the undersigned holders of Existing JCEI Notes (as defined below) issued pursuant to the Existing JCEI Notes Indenture (as defined below) (the “Consenting JCEI Noteholders”) with respect to a restructuring of JCEI’s outstanding obligations under the Existing JCEI Notes and all other claims (as defined in section 101(5) of the Bankruptcy Code) arising thereunder against JCEI (the “Restructuring”) as contemplated by the Amended and Restated Offer to Purchase and Offering Memorandum and Disclosure Statement Soliciting Acceptances of a Prepackaged Plan of Reorganization attached hereto as Exhibit A (the “Offering Memorandum”). Each party to this JCEI Support Agreement may be referred to as a “Party” and, collectively, as the “Parties.” Capital
RESTRUCTURING SUPPORT AGREEMENTRestructuring Support Agreement • June 15th, 2017 • Jack Cooper Holdings Corp. • Trucking (no local) • New York
This RESTRUCTURING SUPPORT AGREEMENT is made and entered into as of June 15, 2017 (as amended, supplemented or otherwise modified in accordance herewith, this “Support Agreement”) by each of (i) (a) Jack Cooper Holdings Corp., a Delaware corporation (“JCHC”), (b) Jack Cooper Enterprises, Inc., a Delaware corporation (“JCEI”) and (c) the parties listed on Schedule I hereto (the “Guarantor Parties,” and each of the entities in this clause (i) a “Company Party” and collectively, the “Company Parties”); and (ii) the undersigned holders of Existing JCHC Notes (as defined below) issued pursuant to the Existing JCHC Notes Indenture (as defined below) (the “Consenting Noteholders”) with respect to a restructuring of the Company Parties’ outstanding obligations under the Existing Notes (as defined below) and all other claims (as defined in section 101(5) of the Bankruptcy Code) arising thereunder against the Company Parties (the “Restructuring”) as contemplated by the term sheet attached hereto
