SECOND AMENDMENT TO AMENDED AND RESTATED REVOLVING CREDIT, TERM LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 29th, 2019 • Asv Holdings, Inc. • Construction machinery & equip
This SECOND AMENDMENT TO AMENDED AND RESTATED REVOLVING CREDIT, TERM LOAN AND SECURITY AGREEMENT (this “Second Amendment”) is entered into as of March 28, 2019, by and among ASV HOLDINGS, INC., a Delaware corporation (“ASV”, together with each Person joined to the Credit Agreement (as defined below) as a borrower from time to time, collectively, the “Borrowers” and each a “Borrower”; the Borrowers together with the Guarantors, collectively the “Loan Parties” and each a “Loan Party”), the financial institutions which are now or which hereafter become a party to the Credit Agreement as lenders (collectively, the “Lenders” and each individually a “Lender”) and PNC BANK, NATIONAL ASSOCIATION (“PNC”), as agent for Lenders (PNC, in such capacity, the “Administrative Agent”) with respect to the following:
EXPLANATORY NOTE: [*] INDICATES THE PORTION OF THIS EXHIBIT THAT HAS BEEN OMITTED AND SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A FOIA REQUEST FOR CONFIDENTIAL TREATMENT.Asv Holdings, Inc. • March 29th, 2019 • Construction machinery & equip • Illinois
The Building Construction Products Division of Caterpillar Inc. (“Caterpillar”) purchases certain multi terrain loader undercarriages and service parts (the “Products”) from ASV Holdings, Inc. (“Seller”). Caterpillar and Seller are each a party (“Party”) to this letter and collectively may be referred to as parties (“Parties”). This letter (the “Pricing Agreement”) spells out the commercial terms applicable to the purchase and sale of the Products.
