RECITALSEmployment Agreement • December 21st, 2000 • Headwaters Inc • Bituminous coal & lignite mining
AMONGCredit Agreement • December 7th, 2004 • Headwaters Inc • Miscellaneous products of petroleum & coal • New York
EX-10.61 RIVER HILL PURCHASE AGREEMENT W/ COVOL RIVER HILL PROJECT PURCHASE AGREEMENT by and between DTE RIVER HILL, L.L.C.Purchase Agreement • August 15th, 2001 • Headwaters Inc • Patent owners & lessors • New York
by and amongMerger Agreement • December 13th, 2004 • Headwaters Inc • Miscellaneous products of petroleum & coal • Delaware
COVOL TECHNOLOGIES, INC. SECURITIES PURCHASE AGREEMENT Dated as of December 7, 1999 TABLE OF CONTENTSSecurities Purchase Agreement • January 13th, 2000 • Covol Technologies Inc • Bituminous coal & lignite mining • Utah
August 28, 1997Purchase Agreement • January 13th, 1998 • Covol Technologies Inc • Bituminous coal & lignite mining
FIRST AMENDMENT TO LEASE AGREEMENT This First Amendment to Lease Agreement (this "Agreement") is entered into the 14th day of May, 1996 (the "Effective Date"), between GENEVA STEEL COMPANY, a Utah corporation ("Landlord") and COVOL TECHNOLOGIES, INC.,...Lease Agreement • January 14th, 1997 • Covol Technologies Inc • Bituminous coal & lignite mining
BY AND AMONGAsset Purchase Agreement • December 7th, 2004 • Headwaters Inc • Miscellaneous products of petroleum & coal • Texas
SECURITY AGREEMENT This Security Agreement (the "Agreement") dated as of February 20, 1998, is entered into by and between COVOL TECHNOLOGIES, INC., a Delaware corporation ("Covol"), Alabama Synfuel #1 Ltd., a Delaware limited partnership ("Alabama...Security Agreement • March 18th, 1999 • Covol Technologies Inc • Bituminous coal & lignite mining • Utah
Construction Services. Covol shall be responsible to coordinate all construction services incident to the manufacturing facilities, including the execution of such documents of assignment or otherwise as may be necessary to insure the operating...Service Agreement • January 14th, 1997 • Covol Technologies Inc • Bituminous coal & lignite mining
RECITALSAgreement and Plan of Reorganization • August 3rd, 2001 • Headwaters Inc • Patent owners & lessors • New Jersey
ARTICLE II. AMENDMENTS TO MERGER AGREEMENT AND EQUITYHOLDER AGREEMENTSAgreement and Plan of Merger • October 4th, 2002 • Headwaters Inc • Miscellaneous products of petroleum & coal • Utah
Exhibit 10.94 SETTLEMENT AGREEMENT AND MUTUAL RELEASE This Settlement Agreement and Mutual Release ("2nd Settlement Agreement") is entered into as of May 1, 2005 (the "Effective Date") by and between Headwaters Incorporated (formerly known as Covol...Settlement Agreement • May 9th, 2005 • Headwaters Inc • Miscellaneous products of petroleum & coal • Delaware
ToIndenture • July 8th, 2004 • Headwaters Inc • Miscellaneous products of petroleum & coal • New York
WITNESSETHSecurity Agreement • August 11th, 2000 • Covol Technologies Inc • Bituminous coal & lignite mining • Utah
Dated as of June 27, 2006 AMENDMENT NO. 5 TO THE CREDIT AGREEMENT (this "Amendment No. 5") among Headwaters Incorporated, a Delaware corporation (the "Borrower"), the Lenders (as hereinafter defined) party hereto, Morgan Stanley & Co. Incorporated...Credit Agreement • July 27th, 2006 • Headwaters Inc • Miscellaneous products of petroleum & coal • New York
SETTLEMENT AGREEMENT THIS AGREEMENT is made and entered into this 17th day of September 1996, by and between Covol Technologies, Inc., a Delaware corporation, and its predecessor in interest, Environmental Technologies Group International, Inc., a...Settlement Agreement • January 14th, 1997 • Covol Technologies Inc • Bituminous coal & lignite mining • Utah
Exhibit 99.2.5 HEADWATERS INCORPORATED STOCK OPTION AGREEMENT You have been granted an Option to purchase shares of common stock of Headwaters Incorporated, a Delaware corporation ("Headwaters Incorporated"). The terms and conditions of the Option are...Stock Option Agreement • December 24th, 2002 • Headwaters Inc • Miscellaneous products of petroleum & coal • Delaware
LEASE AGREEMENT THIS LEASE, made and entered into this _____ day of December, 1996, by and between U.P.C., INC., a Utah corporation, 53 West Angelo Avenue, Salt Lake City, Utah 84115 ("Landlord"), and COVOL TECHNOLOGIES, INC., a Utah corporation, 3280...Lease Agreement • January 14th, 1997 • Covol Technologies Inc • Bituminous coal & lignite mining • Utah
Exhibit 10.60.3 FIRST AMENDMENT TO EMPLOYMENT AGREEMENT This first amendment to employment agreement (this "Agreement") is effective on October 1, 2001 by and between ISG Resources, Inc. ("Employer") with its principal place of business located at 136...Employment Agreement • December 24th, 2002 • Headwaters Inc • Miscellaneous products of petroleum & coal • New York
Exhibit 10.76.1 AMENDMENT NO. 1 TO THE CREDIT AGREEMENT dated as of December 4, 2003 among HEADWATERS INCORPORATED, a Delaware corporation (the "Borrower"), the banks, financial institutions and other institutional lenders parties to the Credit...Credit Agreement • December 18th, 2003 • Headwaters Inc • Miscellaneous products of petroleum & coal • New York
ARTICLE I DEFINITIONSRegistration Rights Agreement • May 20th, 1997 • Covol Technologies Inc • Bituminous coal & lignite mining • Utah
AMONGCredit Agreement • April 14th, 2004 • Headwaters Inc • Miscellaneous products of petroleum & coal • New York
RECITALSShare Exchange Agreement • September 12th, 2001 • Headwaters Inc • Patent owners & lessors
Exhibit 10.60.2 FIRST AMENDMENT TO EMPLOYMENT AGREEMENT This first amendment to employment agreement (this "Agreement") is effective on October 1, 2001 by and between ISG Resources, Inc. ("Employer") with its principal place of business located at 136...Employment Agreement • December 24th, 2002 • Headwaters Inc • Miscellaneous products of petroleum & coal
ARTICLE 1 Scope and Term of AgreementSupply Agreement • January 14th, 1997 • Covol Technologies Inc • Bituminous coal & lignite mining • Alabama
TO [ ] Trustee IndentureIndenture • July 23rd, 2002 • Headwaters Inc • Miscellaneous products of petroleum & coal • New York
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • December 21st, 2000 • Headwaters Inc • Bituminous coal & lignite mining • Utah
Exhibit 10.60 EMPLOYMENT AGREEMENT This employment agreement ("Agreement") is entered into effective as of April 1, 2005 ("Effective Date") by and between Kirk A. Benson (the "Executive") and Headwaters Incorporated, a Delaware corporation (the...Employment Agreement • August 29th, 2005 • Headwaters Inc • Miscellaneous products of petroleum & coal • Utah
THE SECURITIES REPRESENTED BY THIS CERTIFICATE ARE SUBJECT TO THE RESTRICTIONS CONTAINED IN THE SECURITIES PURCHASE AGREEMENT, DATED AS OF MARCH 17, 1999 (THE "PURCHASE AGREEMENT"), AS SUCH AGREEMENT MAY BE AMENDED OR MODIFIED FROM TIME TO TIME (A...Securities Purchase Agreement • March 24th, 1999 • Covol Technologies Inc • Bituminous coal & lignite mining • New York
AMONGCredit Agreement • December 14th, 2004 • Headwaters Inc • Miscellaneous products of petroleum & coal • New York
EMPLOYMENT AGREEMENT By and Between COVOL TECHNOLOGIES, INC.Employment Agreement • August 16th, 1999 • Covol Technologies Inc • Bituminous coal & lignite mining
Exhibit 10.60 EMPLOYMENT AGREEMENT THIS AGREEMENT is entered into as of October 25, 2002, by and between KIRK A. BENSON (the "Employee") and HEADWATERS INCORPORATED, a Delaware corporation (the "Company"). 1. Duties and Scope of Employment. (a)...Employment Agreement • December 24th, 2002 • Headwaters Inc • Miscellaneous products of petroleum & coal • Utah
betweenRegistration Rights Agreement • July 20th, 2004 • Headwaters Inc • Miscellaneous products of petroleum & coal • New York
ARTICLE I DEFINITIONSPledge and Security Agreement • April 14th, 2004 • Headwaters Inc • Miscellaneous products of petroleum & coal • New York
