Amerco/NV, et al. – ‘8-K/A’ for 5/9/05 – EX-10.4

On:  Tuesday, 6/14/05, at 5:06pm ET   ·   For:  5/9/05   ·   Accession #:  950153-5-1422   ·   File #s:  1-11255, 2-38498

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Amendment to Current Report   —   Form 8-K
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: 8-K/A       Amendment to Current Report                         HTML     28K 
 2: EX-10.1     Material Contract                                     58    264K 
 3: EX-10.2     Material Contract                                     17     71K 
 4: EX-10.3     Material Contract                                      7     31K 
 5: EX-10.4     Material Contract                                      4     16K 
 6: EX-10.5     Material Contract                                    106    517K 
 7: EX-10.6     Material Contract                                     11     35K 
 8: EX-10.7     Material Contract                                    104    515K 
 9: EX-10.8     Material Contract                                      9     34K 
10: EX-99.1     Miscellaneous Exhibit                               HTML      9K 
11: EX-99.2     Miscellaneous Exhibit                               HTML      7K 

EX-10.4   —   Material Contract

EX-10.4
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                                                                    EXHIBIT 10.4

NOTE

$465,000,000                                                        June 8, 2005
                                                              New York, New York

FOR VALUE RECEIVED, AMERCO REAL ESTATE COMPANY, a Nevada
corporation, AMERCO REAL ESTATE COMPANY OF TEXAS, INC., a Texas corporation,    
AMERCO REAL ESTATE COMPANY OF ALABAMA, INC., an Alabama corporation, and U-HAUL 
CO. OF FLORIDA, INC., a Florida corporation (each, a "Borrower" and,            
individually and collectively, jointly and severally, the "Borrowers") hereby   
jointly and severally promise to pay to the order of MERRILL LYNCH COMMERCIAL   
FINANCE CORP. (the "Lender"), at the principal office of the Lender at 4 World  
Financial Center, 10th Floor, New York, New York 10080, in lawful money of the  
United States, and in immediately available funds, the principal sum of FOUR    
HUNDRED AND SIXTY-FIVE MILLION DOLLARS ($465,000,000) (or such lesser amount as 
shall equal the aggregate unpaid principal amount of the Loans made by the      
Lender to the Borrowers under the Credit Agreement (as defined below)), on the  
dates and in the principal amounts provided in the Credit Agreement, and to pay 
interest on the unpaid principal amount of each such Loan, at such office, in   
like money and funds, for the period commencing on the date of such Loan until  
such Loan shall be paid in full, at the rates per annum and on the dates        
provided in the Credit Agreement.                                               

          The date, amount and interest rate of each Loan made by the Lender
to the Borrowers, and each payment made on account of the principal thereof,    
shall be recorded by the Lender on its books and, prior to any transfer of this 
Note, endorsed by the Lender on the schedule attached hereto or any continuation
thereof; provided, that the failure of the Lender to make any such recordation  
or endorsement shall not affect the obligations of the Borrowers to make a      
payment when due of any amount owing under the Credit Agreement or hereunder in 
respect of the Loans made by the Lender.                                        

            This Note is the Note referred to in the Amended and Restated Credit
Agreement dated as of June 8, 2005 (as amended, restated, supplemented or       
otherwise modified and in effect from time to time, the "Credit Agreement")     
between the Borrowers and the Lender, and evidences Loans made by the Lender    
thereunder. Terms used but not defined in this Note have the respective meanings
assigned to them in the Credit Agreement.                                       

           The Borrowers agree, jointly and severally, to pay all the Lender's
costs of collection and enforcement (including reasonable attorneys' fees and   
disbursements of Lender's counsel) in respect of this Note in accordance with   
the Credit Agreement, including, without limitation, reasonable attorneys' fees 
through appellate proceedings.                                                  

          Notwithstanding the pledge of the Collateral, each Borrower hereby
acknowledges, admits and agrees that the Borrowers' obligations under this Note 
include recourse obligations of the Borrowers to which each Borrower pledges its
full faith and credit.                                                          

            Each Borrower, and any endorsers or guarantors hereof, (a) severally
waive diligence, presentment, protest and demand and also notice of protest,    
demand, dishonor and nonpayments of this Note, (b) expressly agree that this    
Note, or any payment hereunder, may be                                          

EX-10.4
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extended from time to time, and consent to the acceptance of further Collateral,
the release of any Collateral for this Note, the release of any party primarily 
or secondarily liable hereon, and (c) expressly agree that it will not be       
necessary for the Lender, in order to enforce payment of this Note, to first    
institute or exhaust the Lender's remedies against the Borrowers or any other   
party liable hereon or against any Collateral for this Note. No extension of    
time for the payment of this Note, or any installment hereof, made by agreement 
by the Lender with any person now or hereafter liable for the payment of this   
Note, shall affect the liability under this Note of any Borrower, even if such  
Borrower is not a party to such agreement; provided, however, that the Lender   
and each Borrower, by written agreement between them, may affect the liability  
of the Borrowers.                                                               

         Any reference herein to the Lender shall be deemed to include and
apply to every subsequent holder of this Note. Reference is made to the Credit  
Agreement for provisions concerning optional and mandatory prepayments,         
Collateral, guarantees, acceleration and other material terms affecting this    
Note.                                                                           

       Each Borrower hereby acknowledges and agrees that such Borrower
shall be jointly and severally liable to the maximum extent permitted by        
applicable law for all representations, warranties, covenants, obligations and  
indemnities of the Borrowers under the Loan Documents.                          

       THIS NOTE SHALL BE GOVERNED BY AND CONSTRUED AND INTERPRETED IN
ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK (WITHOUT REFERENCE TO CHOICE  
OF LAW DOCTRINE) WHOSE LAWS EACH BORROWER EXPRESSLY ELECTS TO APPLY TO THIS     
NOTE. EACH BORROWER AGREES THAT ANY ACTION OR PROCEEDING BROUGHT TO ENFORCE OR  
ARISING OUT OF THIS NOTE MAY BE COMMENCED IN THE SUPREME COURT OF THE STATE OF  
NEW YORK, BOROUGH OF MANHATTAN, OR IN THE DISTRICT COURT OF THE UNITED STATES   
FOR THE SOUTHERN DISTRICT OF NEW YORK.                                          

                  AMERCO REAL ESTATE COMPANY

               By:  /s/ Gary B. Horton
                                         ---------------------------------------
                       Name:  Gary B. Horton
                  Title: Treasurer

                                 AMERCO REAL ESTATE COMPANY OF TEXAS, INC.

               By:  /s/ Gary B. Horton
                                         ---------------------------------------
                       Name:  Gary B. Horton
                  Title: Treasurer

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                                   AMERCO REAL ESTATE COMPANY OF ALABAMA, INC.

               By:  /s/ Gary B. Horton
                                         ---------------------------------------
                       Name:  Gary B. Horton
                  Title: Treasurer

                   U-HAUL CO. OF FLORIDA, INC.

               By:  /s/ Gary B. Horton
                                         ---------------------------------------
                       Name:  Gary B. Horton
                  Title: Treasurer

                                U-HAUL INTERNATIONAL, INC., as Guarantor

               By:  /s/ Gary B. Horton
                                         ---------------------------------------
                       Name:  Gary B. Horton
                  Title: Treasurer

EX-10.4
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 SCHEDULE OF LOANS

        This Note evidences Loans made under the within-described Credit
Agreement to the Borrower, on the dates, in the principal amounts and bearing   
interest at the rates set forth below, and subject to the payments and          
prepayments of principal set forth below:                                       

                                                                [Download Table]

             PRINCIPAL                  UNPAID             
              AMOUNT     AMOUNT PAID   PRINCIPAL   NOTATION
DATE MADE     OF LOAN    OR PREPAID     AMOUNT      MADE BY
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Dates Referenced Herein   and   Documents Incorporated by Reference

				Referenced-On Page
This ‘8-K/A’ Filing		Date		First		Last			Other Filings
Filed on:		6/14/05							NT 10-K
		6/8/05		1
For Period End:		5/9/05
									List all Filings

2 Subsequent Filings that Reference this Filing

  As Of               Filer                 Filing    For·On·As Docs:Size             Issuer                      Filing Agent

 5/25/22  U-Haul Holding Co./NV             10-K        3/31/22  149:17M
 5/26/21  U-Haul Holding Co./NV             10-K        3/31/21  153:16M