EXHIBIT 10.4
FIRST AMENDMENT TO SIXTH AMENDED AND RESTATED ABL FIRST LIEN CREDIT AGREEMENT
This First Amendment to Sixth Amended and Restated ABL First Lien Credit Agreement, dated as of December 20, 2021 (this “Amendment”), is among ALTA EQUIPMENT GROUP INC., a Delaware corporation, the other Borrowers party hereto, the Lenders party hereto, and JPMORGAN CHASE BANK, N.A., as Administrative Agent.
RECITALS
TERMS
In consideration of the premises and of the mutual agreements herein contained, the parties agree as
follows:
ARTICLE I. AMENDMENTS. On the First Amendment Effective Date, the Credit Agreement is amended as follows:
or in equity), for any error or calculation of any such rate (or component thereof) provided by any such information source or service.”
ARTICLE II. REPRESENTATIONS. Each of the Loan Parties represents and warrants to the Administrative Agent and the Lenders that:
ARTICLE III. CONDITIONS OF EFFECTIVENESS. This Amendment shall become effective as of the date upon which all of the following conditions have been satisfied (such date, the “First Amendment Effective Date”):
hereof.
ARTICLE IV. MISCELLANEOUS.
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ARTICLE V. RELEASE. In consideration of the agreements of the Administrative Agent and the Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, each Loan Party hereby releases and forever discharges the Administrative Agent, the Lenders and their respective directors, officers, employees, agents, attorneys, affiliates, subsidiaries, successors and permitted assigns from any and all liabilities, obligations, actions, contracts, claims, causes of action, damages, demands, costs and expenses whatsoever (collectively "Claims"), of every kind and nature, however evidenced or created, whether known or unknown, arising prior to or on the date of this Amendment including, but not limited to, any Claims involving the extension of credit under or administration of this Amendment, the Credit Agreement or the other Loan Documents, as each may be amended, or the obligations, liabilities and/or indebtedness incurred by the
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Loan Parties or any other transactions evidenced by this Amendment, the Credit Agreement or the other Loan Documents.
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IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first above written.
ALTA EQUIPMENT GROUP INC.
By: Name: Title:
a
Ryan Greenawalt President
ALTA EQUIPMENT HOLDINGS, INC.
By: c?7d,
Name: Ryan Greenawalt Title: President
ALTA ENTERPRISES, LLC
ALTA CONSTRUCTION EQUIPMENT ILLINOIS, LLC ALTA INDUSTRIAL EQUIPMENT MICHIGAN, LLC ALTA HEAVY EQUIPMENT SERVICES, LLC
ALTA INDUSTRIAL EQUIPMENT COMPANY, L.L.C. ALTA CONSTRUCTION EQUIPMENT, L.L.C. NITCO,LLC
ALTA CONSTRUCTION EQUIPMENT FLORIDA, LLC ALTA INDUSTRIAL EQUIPMENT NEW YORK, LLC PEAKLOGIX, LLC
ALTA CONSTRUCTION EQUIPMENT NEW YORK, LLC ALTA CONSTRUCTION EQUIPMENT OHIO, LLC
ALTA MATERIAL HANDLING NEW YORK STATE, LLC
ALTA MINE SERVICES, LLC
By: Name: Title:
an Greenawalt Manager
of each of the above, on behalf of each of the above
[Signature Page to Alta Equipment Group ABL First Amendment}
JPMORGAN CHASE BANK, N.A., as a Lender and as Administrative Agent
By:
Name: Title:
Michael Byrne
Authroized Officer
COMERICA BANK, as a Lender and as Co-Documentation Agent
FIFTH THIRD BANK, NATIONAL ASSOCIATION, as a
Lender and a Co-Documentation Agent
By ------- '-" '--'- -•-
Name: Jeffrey S. Cox
Tide: Vice President
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BMO HARRIS BANK N.A., as a Lender and a Co
Documentation Agent
By-------""'J d-A=::-=- !. '
rName: :
Title: ("Yi'C f',(csif;gNI
KEYBANK, NATIONAL ASSOCIATION, as a Lender and a
Co-Documentation Agent
By: - ---
L'" /
1Name l:LJct Title: l,1 7', d-ntf-
M1/&=FLAGSTAR BANK, as a Lender
By:
Name }('t/.7t1<,,.fi-
,I),/Title:
5 e:A/ I tJ,1._ tJ IC. C t!'S' ,I 0-"'~ /-