Kevco Inc Sample Contracts
1 EXHIBIT 2.1 STOCK PURCHASE AGREEMENT This STOCK PURCHASE AGREEMENT, dated as of December 23, 1998 (this "Agreement"), is made by and between Wingate Partners II, L.P., a Delaware limited partnership ("Purchaser"), and Kevco, Inc., a Texas...Stock Purchase Agreement • December 30th, 1998 • Kevco Inc • Fabricated structural metal products • Texas
Standard Contracts
BACKGROUNDCredit Agreement • November 20th, 2000 • Kevco Inc • Fabricated structural metal products • Texas
KEVCO, INC. COMMON STOCK (PAR VALUE $.01 PER SHARE) _______________Underwriting Agreement • October 24th, 1996 • Kevco Inc • Fabricated structural metal products • Texas
ADDENDUM NO. 1 to Lease AgreementLease Agreement • October 8th, 1996 • Kevco Inc • Fabricated structural metal products
BACKGROUNDCredit Agreement • November 15th, 1999 • Kevco Inc • Fabricated structural metal products • Texas
By:______________________________ Its: Chairman of the Board and President Page 3 EXHIBIT "A" to Promissory Note (No. 80851)Promissory Note • October 24th, 1996 • Kevco Inc • Fabricated structural metal products
FOR VALUE RECEIVED, the undersigned, KEVCO TEXAS, INC., a Texas corporation ("Maker"), promises to pay to the order of the persons identified on EXHIBIT "A" attached hereto (collectively "Payees"), at the addresses of Payees set forth on EXHIBIT "A," and in the percentage set forth opposite the respective names of Payees on EXHIBIT "A" hereto, an aggregate amount equal to Maker's net income for the period July 1, 1996 through the day immediately preceding the day on which an initial public offering of the $.01 par value common stock of Kevco, Inc., a Texas corporation, is consummated, net of cash distributions declared and paid during such period, together with interest thereon on the unpaid principal balance from date until maturity at a simple rate of interest per annum equal to the lesser of (i) ________ percent (____%) or (ii) the Maximum Rate. All past due principal and interest shall bear interest at the Maximum Rate. As used herein, the term "Maximum Rate" shall mean, on any day
ARTICLE I DEFINITIONSStock Purchase Agreement • December 30th, 1998 • Kevco Inc • Fabricated structural metal products • Texas
1 EXHIBIT 10.69 SECOND AMENDMENT TO CREDIT AGREEMENT THIS SECOND AMENDMENT TO CREDIT AGREEMENT (this "Second Amendment"), dated as of October 27, 1998 (but effective as of September 30, 1998), is entered into among KEVCO, INC., a Texas corporation...Credit Agreement • April 13th, 1999 • Kevco Inc • Fabricated structural metal products • Texas
BACKGROUNDCredit Agreement • April 13th, 1999 • Kevco Inc • Fabricated structural metal products • Texas
EXHIBIT (c)(3) SHAREHOLDERS AGREEMENT This Shareholders Agreement (the "Agreement"), dated as of October 21, 1997, among Kevco, Inc., a Texas corporation (the "Parent"), SCC Acquisition Corp., an Indiana corporation and a direct wholly owned...Shareholders Agreement • October 29th, 1997 • Kevco Inc • Fabricated structural metal products • Indiana
BACKGROUNDCredit Agreement • August 13th, 1999 • Kevco Inc • Fabricated structural metal products • Texas
WITNESSETH:Asset Purchase Agreement • March 14th, 1997 • Kevco Inc • Fabricated structural metal products • Alabama
1 EXHIBIT 10.3 THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT WERE PURCHASED PURSUANT TO THE SECURITIES PURCHASE AGREEMENT DATED AS OF JULY 14, 1999, BETWEEN KEVCO, INC. AND WINGATE PARTNERS II, L.P. NEITHER THIS WARRANT NOR...Warrant Agreement • August 5th, 1999 • Kevco Inc • Fabricated structural metal products • Texas
AMONG KEVCO, INC.Credit Agreement • December 12th, 1997 • Kevco Inc • Fabricated structural metal products • Texas
BACKGROUNDCredit Agreement • May 15th, 2000 • Kevco Inc • Fabricated structural metal products • Texas
EXHIBIT 10.17 DEFERRED COMPENSATION AGREEMENT -------------------------------Deferred Compensation Agreement • October 24th, 1996 • Kevco Inc • Fabricated structural metal products
February 15, 1999Stock Purchase Agreement • April 13th, 1999 • Kevco Inc • Fabricated structural metal products
WITNESSETH:Assumption Agreement • October 8th, 1996 • Kevco Inc • Fabricated structural metal products
EXHIBIT (b)(7) REVOLVING CREDIT NOTE --------------------- Dallas, Texas $8,166,666.67 December 1, 1997 KEVCO, INC., a Texas corporation (the "Borrower"), for value received, promises to pay to the order of THE SUMITOMO BANK, LIMITED ("Lender"), or...Revolving Credit Note • December 12th, 1997 • Kevco Inc • Fabricated structural metal products
This Note is issued pursuant to and evidences Revolving Credit Advances under a Credit Agreement, dated as of December 1, 1997, among the Borrower, NationsBank of Texas, N.A., as Administrative Agent, and the lenders parties thereto (as amended, restated, supplemented, renewed, extended or otherwise modified from time to time, "Credit Agreement"), to which reference is made for a statement of the rights and obligations of the Lender and the duties and obligations of the Borrower in relation thereto; but neither this reference to the Credit Agreement nor any provision thereof shall affect or impair the absolute and unconditional obligation of the Borrower to pay the principal sum of and interest on this Note when due.
EXHIBIT (b)(2) FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT THIS FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this "First Amendment"), dated as of November 25, 1997, is entered into among KEVCO DELAWARE, INC., a Delaware...Credit Agreement • December 12th, 1997 • Kevco Inc • Fabricated structural metal products • Texas
1 EXHIBIT 10.5 THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT WERE PURCHASED PURSUANT TO THE SECURITIES PURCHASE AGREEMENT DATED AS OF JULY 14, 1999, BETWEEN KEVCO, INC. AND WINGATE PARTNERS II, L.P. NEITHER THIS WARRANT NOR...Warrant Agreement • August 5th, 1999 • Kevco Inc • Fabricated structural metal products • Texas
WITNESSETH; -----------Employment Agreement • October 24th, 1996 • Kevco Inc • Fabricated structural metal products
EXHIBIT (c)(1) AGREEMENT AND PLAN OF MERGER THIS AGREEMENT AND PLAN OF MERGER (the "Agreement") is made and entered into as of the 21/st/ day of October, 1997 by and among Kevco, Inc., a Delaware corporation ("Parent"), SCC Acquisition Corp., an...Merger Agreement • October 29th, 1997 • Kevco Inc • Fabricated structural metal products • Indiana
Adoption Agreement ------------------Adoption Agreement • October 8th, 1996 • Kevco Inc • Fabricated structural metal products
1 EXHIBIT 10.7 FINANCIAL ADVISORY AGREEMENT This Financial Advisory Agreement (this "Agreement") is made and entered into effective as of July 26, 1999, among Kevco, Inc., a Texas corporation ("Kevco" and, together with its subsidiaries, the...Financial Advisory Agreement • August 5th, 1999 • Kevco Inc • Fabricated structural metal products • Texas
BACKGROUND A. The Lenders, the Borrower, and the Administrative Agent are parties to that certain Second Amended and Restated Credit Agreement dated as of December 1, 1997, as amended by that certain First Amendment to Credit Agreement, dated as of...Waiver • April 13th, 1999 • Kevco Inc • Fabricated structural metal products • Texas
Between KEVCO, INC. as Debtor and NATIONSBANK OF TEXAS, N.A. as Administrative AgentSecurity Agreement • December 12th, 1997 • Kevco Inc • Fabricated structural metal products • Texas
1 EXHIBIT 2.1 SECURITIES PURCHASE AGREEMENT This SECURITIES PURCHASE AGREEMENT, dated as of July 14, 1999 (this "Agreement"), is made by and between Wingate Partners II, L.P., a Delaware limited partnership ("Purchaser"), and Kevco, Inc., a Texas...Securities Purchase Agreement • July 20th, 1999 • Kevco Inc • Fabricated structural metal products • Texas
1 EXHIBIT 10.6 CONSULTING AGREEMENT This CONSULTING AGREEMENT (this "Agreement") is made as of July 26, 1999 between Kevco, Inc, a Texas corporation (the "Company"), and Mr. Gerald E. Kimmel (the "Consultant"). Capitalized terms used without...Consulting Agreement • August 5th, 1999 • Kevco Inc • Fabricated structural metal products • Texas
EXHIBIT (b)(12) FACILITY B TERM LOAN NOTE ------------------------- Dallas, Texas $50,000,000.00 December 1, 1997 KEVCO, INC., a Texas corporation (the "Borrower"), for value received, promises to pay to the order of NATIONSBANK OF TEXAS, N.A....Term Loan Note • December 12th, 1997 • Kevco Inc • Fabricated structural metal products
This Facility B Term Loan Note is issued pursuant to and evidences Facility B Term Loan Advances under a Credit Agreement, dated as of December 1, 1997, among the Borrower, NationsBank of Texas, N.A., as Administrative Agent, and the lenders parties thereto (as amended, restated, supplemented, renewed, extended or otherwise modified from time to time, "Credit Agreement"), to which reference is made for a statement of the rights and obligations of the Lender and the duties and obligations of the Borrower in relation thereto; but neither this reference to the Credit Agreement nor any provision thereof shall affect or impair the absolute and unconditional obligation of the Borrower to pay the principal sum of and interest on this Note when due.
Exhibit 10.67 FIRST AMENDMENT TO CREDIT AGREEMENT THIS FIRST AMENDMENT TO CREDIT AGREEMENT (this "First Amendment"), dated as of February 12, 1998, is entered into among KEVCO, INC., a Texas corporation (the "Borrower"), the banks listed on the...Credit Agreement • March 17th, 1998 • Kevco Inc • Fabricated structural metal products
EXHIBIT 10.39 K & E LAND & LEASING Kevco, Inc. Suite 503, Morrow Building II 301 Loop 820, N.E. Hurst, Texas 76053 Gentlemen: The purpose of this letter is to confirm our agreement that effective as of January 1, 1982, the monthly rental with respect...Rental Agreement • October 8th, 1996 • Kevco Inc • Fabricated structural metal products
The purpose of this letter is to confirm our agreement that effective as of January 1, 1982, the monthly rental with respect to the Elkhart, Indiana and Newton, Kansas leased premises shall be increased to $8,500 and $7,700 respectively. The monthly rental to be paid by Kevco, Inc. to K & E Land & Leasing shall be in addition to all other assessments and obligations of Kevco, Inc. as set forth in the Lease and Sublease relating to the respective leased premises.
BACKGROUND ----------Consent and Waiver • October 24th, 1996 • Kevco Inc • Fabricated structural metal products • Texas
1 EXHIBIT 10.8 MONITORING AND OVERSIGHT AGREEMENT This Monitoring and Oversight Agreement (this "Agreement") is made and entered into effective as of July 26, 1999, among Kevco, Inc., a Texas corporation ("Kevco" and, together with its subsidiaries,...Monitoring and Oversight Agreement • August 5th, 1999 • Kevco Inc • Fabricated structural metal products • Texas
1 EXHIBIT 10.1 THIS TRANCHE A SENIOR SUBORDINATED EXCHANGEABLE NOTE AND THE SECURITIES REPRESENTED HEREBY HAVE BEEN PURCHASED PURSUANT TO A SECURITIES PURCHASE AGREEMENT DATED AS OF JULY 14, 1999, BETWEEN THE COMPANY AND WINGATE PARTNERS II, L.P. SUCH...Securities Purchase Agreement • August 5th, 1999 • Kevco Inc • Fabricated structural metal products • Texas
