EMPIRE RESOURCES, INC. CREDIT AGREEMENT Dated as of May 20, 1999 FLEET BANK, NATIONAL ASSOCIATION CITICORP USA, INC.,Credit Agreement • March 30th, 2000 • Empire Resources Inc /New/ • Computer peripheral equipment, nec • New York
3,000,000 Shares of Common Stock and 3,000,000 Redeemable Warrants INTEGRATED TECHNOLOGY USA, INC. UNDERWRITING AGREEMENT Teaneck, New Jersey October 1, 1996 National Securities Corporation As Representative of the Several Underwriters 1001 Fourth...Underwriting Agreement • November 13th, 1996 • Integrated Technology Usa Inc • Computer peripheral equipment, nec
z AMENDMENT NO. 1 to LOAN AGREEMENTLoan Agreement • March 30th, 2000 • Empire Resources Inc /New/ • Computer peripheral equipment, nec • New York
andRights Agreement • July 25th, 1997 • Integrated Technology Usa Inc • Computer peripheral equipment, nec • Delaware
RECITALSIndemnification Agreement • March 31st, 1997 • Integrated Technology Usa Inc • Computer peripheral equipment, nec • Delaware
AND AMERICAN STOCK TRANSFER & TRUST COMPANYWarrant Agreement • November 13th, 1996 • Integrated Technology Usa Inc • Computer peripheral equipment, nec • New York
EMPLOYMENT AND NON-COMPETITION AGREEMENT THIS EMPLOYMENT AND NON-COMPETITION AGREEMENT, is entered into as of this 15th day of September, 1999 by and between Integrated Technology USA, Inc. (the "Company"), a Delaware corporation, c/o Madison...Employment Agreement • March 30th, 2000 • Empire Resources Inc /New/ • Computer peripheral equipment, nec • New York
RESTRICTED STOCK AGREEMENT THIS RESTRICTED STOCK AGREEMENT, made as of the 14TH day of September, 1999 (the "Grant Date"), by and between Nathan Kahn, as tenant-in-common, Sandra Kahn, as tenant-in-common, each c/o Empire Resources, Inc., One Parker...Restricted Stock Agreement • March 30th, 2000 • Empire Resources Inc /New/ • Computer peripheral equipment, nec • Delaware
WITNESSETH:Loan Agreement • March 31st, 2005 • Empire Resources Inc /New/ • Computer peripheral equipment, nec • New York
RecitalsRights Agreement • March 9th, 1999 • Integrated Technology Usa Inc • Computer peripheral equipment, nec • Delaware
EMPLOYMENT AGREEMENT Made and Signed in Jerusalem this ___ day of December, 1996 BETWEEN: I.T.I. Innovative Technologies Ltd. Digital Building HaMarpe St. Har HaHotzvim Jerusalem (hereinafter: the "Company")Employment Agreement • December 24th, 1996 • Integrated Technology Usa Inc • Computer peripheral equipment, nec
ARTICLE IEmployment Agreement • March 31st, 1997 • Integrated Technology Usa Inc • Computer peripheral equipment, nec • New York
AGREEMENT AND PLAN OF MERGER DATED AS OF FEBRUARY 22, 1999 TABLE OF CONTENTS AGREEMENT AND PLAN OF MERGERMerger Agreement • March 9th, 1999 • Integrated Technology Usa Inc • Computer peripheral equipment, nec • New York
AMENDMENT NO. 5Credit Agreement • May 16th, 2005 • Empire Resources Inc /New/ • Wholesale-metals service centers & offices
RECITALS:Purchase and Sale Agreement • March 31st, 2005 • Empire Resources Inc /New/ • Computer peripheral equipment, nec • Maryland
RECITALSIndemnification Agreement • March 31st, 1997 • Integrated Technology Usa Inc • Computer peripheral equipment, nec • Delaware
REPRESENTATIVE'S WARRANT AGREEMENTRepresentative's Warrant Agreement • November 13th, 1996 • Integrated Technology Usa Inc • Computer peripheral equipment, nec • Delaware
AMENDMENT NO. 4Credit Agreement • March 31st, 2005 • Empire Resources Inc /New/ • Computer peripheral equipment, nec
AMENDMENT NO. 1 TO EMPLOYMENT AND NON-COMPETITION AGREEMENT This AMENDMENT is entered into as of this 19th day of July 2002 by and between Empire Resources, Inc., a Delaware corporation (the "Company"), with its principal place of business at One...Employment and Non-Competition Agreement • November 13th, 2002 • Empire Resources Inc /New/ • Computer peripheral equipment, nec • New York
AMENDMENT NO. 6Credit Agreement • August 12th, 2005 • Empire Resources Inc /New/ • Wholesale-metals service centers & offices
EMPLOYMENT AND NON-COMPETITION AGREEMENT THIS EMPLOYMENT AND NON-COMPETITION AGREEMENT, is entered into as of this 15th day of September, 1999 by and between Integrated Technology USA, Inc. (the "Company"), a Delaware corporation c/o Madison Partners,...Employment Agreement • March 30th, 2000 • Empire Resources Inc /New/ • Computer peripheral equipment, nec • Delaware
AMENDMENT NO. 3 AND LIMITED WAIVERCredit Agreement • August 14th, 2003 • Empire Resources Inc /New/ • Computer peripheral equipment, nec
AMENDMENT NO. 1Credit Agreement • July 6th, 2007 • Empire Resources Inc /New/ • Wholesale-metals service centers & offices • New York
AGREEMENT AND PLAN OF MERGER DATED AS OF MARCH 30, 2017 AMONG TA CHEN STAINLESS PIPE CO., LTD., TA CHEN INVESTMENT CORPORATION AND EMPIRE RESOURCES, INC.Merger Agreement • March 31st, 2017 • Empire Resources Inc /New/ • Wholesale-metals service centers & offices • Delaware
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of March 30, 2017, by and among Ta Chen Stainless Pipe Co., Ltd., a publicly-traded Taiwan (ROC) corporation (“Parent”); Ta Chen Investment Corporation, a Delaware corporation and a wholly owned subsidiary of Parent (“Sub”); and Empire Resources, Inc., a Delaware corporation (the “Company”).
AMENDMENT NO. 2Credit Agreement • May 12th, 2003 • Empire Resources Inc /New/ • Computer peripheral equipment, nec
AMENDED AND RESTATED SECURITY AGREEMENTSecurity Agreement • June 25th, 2014 • Empire Resources Inc /New/ • Wholesale-metals service centers & offices • New York
This SUPPLEMENT, dated as of ____________ ___, _____ (this “Supplement”), is to the Amended and Restated Security Agreement, dated as of June 19, 2014 (as amended, supplemented, amended and restated or otherwise modified from time to time, the “Security Agreement”), among the Grantors (such term, and other terms used in this Supplement, to have the meanings set forth in Section I of the Security Agreement) from time to time party thereto, in favor of COÖPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A., “RABOBANK NEDERLAND”, NEW YORK BRANCH (“Rabobank”), as agent (together with its successor(s) thereto in such capacity, the “Agent”) for each of the Secured Parties.
UNCOMMITTED CREDIT AGREEMENT by and among EMPIRE RESOURCES, INC. as Borrower, COÖPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A., “RABOBANK NEDERLAND”, NEW YORK BRANCH, as Lead Arranger, Agent and an Issuing Bank and BNP PARIBAS, as Syndication...Credit Agreement • June 25th, 2014 • Empire Resources Inc /New/ • Wholesale-metals service centers & offices • New York
THIS UNCOMMITTED CREDIT AGREEMENT (this “Agreement”) is dated as of June 19, 2014, by and among EMPIRE RESOURCES, INC., a corporation duly organized and validly existing under the laws of the State of Delaware (the “Company”), COÖPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A., “RABOBANK NEDERLAND”, NEW YORK BRANCH (“Rabobank”), as agent for the Secured Parties defined below (in such capacity, together with its successors in such capacity, the “Agent”), BNP Paribas, as syndication agent (in such capacity, together with its successors in such capacity, the “Syndication Agent”) and each of the lenders that is a signatory hereto identified under the caption “Banks” on the signature pages hereto (including Rabobank) or that, pursuant to Section 11.06(b) hereof shall become a “Bank” hereunder (individually, a “Bank”, and collectively, the “Banks”).
EMPLOYMENT AND NON-COMPETITION AGREEMENTEmployment Agreement • January 30th, 2012 • Empire Resources Inc /New/ • Wholesale-metals service centers & offices • New York
THIS EMPLOYMENT AND NON-COMPETITION AGREEMENT, is entered into as of this 15th day of September, 1999 by and between Integrated Technology USA, Inc. (the "Company"), a Delaware corporation, c/o Madison Partners, 444 Madison Avenue, New York, New York 10022 and Nathan Kahn, c/o Empire Resources, Inc., One Parker Plaza, Fort Lee, New Jersey 07024 (the "Executive").
INCREASE AGREEMENT AND FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • December 19th, 2014 • Empire Resources Inc /New/ • Wholesale-metals service centers & offices • New York
INCREASE AGREEMENT AND FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT, dated as of December 18, 2014 (this “Agreement”), prepared pursuant to Section 2.05(d) of the Amended and Restated Credit Agreement dated as of June 19, 2014 (as amended, restated, supplemented or otherwise modified through the date hereof, the “Existing Credit Agreement”; as modified hereby and as further amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among EMPIRE RESOURCES, INC. (the “Company”), the several Banks from time to time party thereto, and COÖPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A., “RABOBANK NEDERLAND”, NEW YORK BRANCH, as agent (in such capacity, together with its successors in such capacity, the “Agent”) and as a Fronting Bank.
Exhibit 10.18 FOURTH MODIFICATION AND EXTENSION OF LEASE DATED AS OF THE 17 DAY OF NOVEMBER, 2004 TO THE LEASE BETWEEN 400 KELBY ASSOCIATES, AS LANDLORD, AND EMPIRE RESOURCES, INC., AS TENANT, FOR LEASE OF PREMISES LOCATED ON THE FOURTEENTH (14TH)...Lease Modification and Extension • March 31st, 2005 • Empire Resources Inc /New/ • Computer peripheral equipment, nec
FIRST AMENDMENT TO UNCOMMITTED CREDIT AGREEMENTUncommitted Credit Agreement • December 19th, 2014 • Empire Resources Inc /New/ • Wholesale-metals service centers & offices • New York
This FIRST AMENDMENT TO UNCOMMITTED CREDIT AGREEMENT (this “First Amendment”) dated as of December 18, 2014 is among EMPIRE RESOURCES, INC., a Delaware corporation (the “Company”), the undersigned Banks and COÖPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A., “RABOBANK NEDERLAND”, NEW YORK BRANCH, as Agent (the “Agent”). Capitalized terms used herein and not otherwise defined herein shall have the meanings given to them in the Credit Agreement (as defined below).
SUPPLY AGREEMENT BY AND BETWEEN EMPIRE RESOURCES, INC., having a principle place of business at 1 Parker Plaza, Fort Lee, New Jersey, 07024, USA, on the one hand, AND SOUTHERN ALUMINUM INDUSTRY (CHINA) CO., LTD, established in the People’s Republic of...Supply Agreement • March 9th, 2012 • Empire Resources Inc /New/ • Wholesale-metals service centers & offices • New York
This Agreement is entered this 27th day of May, 2011, (the “Effective Date”) by and among Empire Resources, Inc., a USA corporation (hereinafter “Empire”), on the one hand, and Southern Aluminum Industry (China) Co., Ltd, established in the People’s Republic of China with limited liability (hereinafter “SAIC”), PT. Alumindo Light Metal Industry TBK, an Indonesian Limited Liability Company, (hereinafter “Alumindo”), and Fung Lam Trading Company Ltd, a Hong Kong Limited Liability Company (hereinafter, “FLH” and collectively with SAIC and Alumindo, the “Manufacturers”), on the other hand.
PRE-PAYMENT ADVANCE AGREEMENT BY AND BETWEEN EMPIRE RESOURCES, INC., having a principle place of business at 1 Parker Plaza, Fort Lee, New Jersey, 07024, USA, on the one hand, AND SOUTHERN ALUMINUM INDUSTRY (CHINA) CO., LTD, established in the...Pre-Payment Advance Agreement • January 30th, 2012 • Empire Resources Inc /New/ • Wholesale-metals service centers & offices • New York
This Agreement is entered this 27th day of May, 2011 (as amended, supplemented, amended and restated or otherwise modified from time to time, this “Pre-Payment Advance Agreement”), by and among (a) Empire Resources, Inc., a USA corporation (hereinafter “EMPIRE”), on the one hand, and (b) Southern Aluminum Industry (China) Co., Ltd, established in the People’s Republic of China with limited liability (hereinafter “SAIC”), PT. Alumindo Light Metal Industry, Tbk, an Indonesian corporation, (hereinafter “Alumindo”, together with SAIC, the “Manufacturers”), and Fung Lam Holdings, a Hong Kong Limited Liability Company (hereinafter, “FLH” and, collectively with the Manufacturers, the “Companies”), on the other hand.
THIRD AMENDMENT TO UNCOMMITTED CREDIT AGREEMENTUncommitted Credit Agreement • June 15th, 2016 • Empire Resources Inc /New/ • Wholesale-metals service centers & offices • New York
This THIRD AMENDMENT TO UNCOMMITTED CREDIT AGREEMENT (this “Third Amendment”) dated as of June 14, 2016 is among EMPIRE RESOURCES, INC., a Delaware corporation (the “Company”), the undersigned Banks and COÖPERATIEVE RABOBANK U.A (formerly known as Coöperatieve Centrale Raiffeisen-Boerenleenbank B.A., “Rabobank Nederland”), NEW YORK BRANCH, as Agent (the “Agent”). Capitalized terms used herein and not otherwise defined herein shall have the meanings given to them in the Credit Agreement (as defined below).
ContractLetter of Understanding • June 26th, 2008 • Empire Resources Inc /New/ • Wholesale-metals service centers & offices
