PLEDGE AGREEMENT THIS PLEDGE AGREEMENT, dated as of August 20, 1997, made by BURKE INDUSTRIES, INC., a California corporation (the "Pledgor"), in favor of NationsBank, N.A., a national banking association with its principal office located in Atlanta,...Pledge Agreement • April 2nd, 1998 • Burke Industries Inc /Ca/ • Plastic materials, synth resins & nonvulcan elastomers • New York
AMONGAgreement and Plan of Merger • September 29th, 1997 • Burke Industries Inc /Ca/ • California
SERVICE AGREEMENTService Agreement • April 2nd, 1998 • Burke Industries Inc /Ca/ • Plastic materials, synth resins & nonvulcan elastomers • California
R E C I T A L SShareholders Agreement • April 2nd, 1998 • Burke Industries Inc /Ca/ • Plastic materials, synth resins & nonvulcan elastomers • California
EXHIBIT 10.48 [Net Lease] LEASE AGREEMENT THIS LEASE AGREEMENT is made this 22 day of June 1999, between PROLOGIS TRUST, ("Landlord"), and the Tenant named below. TENANT: BURKE INDUSTRIES, INC. TENANT'S REPRESENTATIVE, DAVID WORTHINGTON ADDRESS, AND...Lease Agreement • March 31st, 2000 • Burke Industries Inc /Ca/ • Plastic materials, synth resins & nonvulcan elastomers
WITNESSETH:Burke Industries Inc /Ca/ • August 14th, 2000 • Plastic materials, synth resins & nonvulcan elastomers
INVESTMENT AGREEMENT BY AND AMONGInvestment Agreement • April 2nd, 1998 • Burke Industries Inc /Ca/ • Plastic materials, synth resins & nonvulcan elastomers • California
SECURITY AGREEMENT (Subsidiary)Security Agreement • April 2nd, 1998 • Burke Industries Inc /Ca/ • Plastic materials, synth resins & nonvulcan elastomers • New York
EXHIBIT 10.14 LEASE AGREEMENT (NET) BASIC LEASE INFORMATIONLease Agreement • September 29th, 1997 • Burke Industries Inc /Ca/ • California
for 14910 Carmenita Road Norwalk, California 1. PARTIES. THIS INDUSTRIAL/COMMERCIAL SINGLE TENANT LEASE ("Lease") is entered into this 17th day of November, 1995 (the "Execution Date") by and between DONALD M. HYPES, Trustee under that certain...Burke Industries Inc /Ca/ • September 29th, 1997 • California
GUARANTY (Subsidiary)Burke Industries Inc /Ca/ • September 29th, 1997 • New York
EXHIBIT 4.3 BURKE INDUSTRIES, INC. 2250 South Tenth Street San Jose, CA 95112 10% SENIOR NOTES DUE 2007 REGISTRATION RIGHTS AGREEMENTBurke Industries Inc /Ca/ • April 2nd, 1998 • Plastic materials, synth resins & nonvulcan elastomers • New York
Issuer,Burke Industries Inc /Ca/ • April 2nd, 1998 • Plastic materials, synth resins & nonvulcan elastomers • New York
STOCK PURCHASE AGREEMENT BY AND AMONG BURKE INDUSTRIES, INC., ("BUYER") MERCER PRODUCTS COMPANY, INC. ("MERCER") AND SOVEREIGN SPECIALTY CHEMICALS, INC. ("SELLER") DATED AS OF MARCH 5, 1998Stock Purchase Agreement • April 2nd, 1998 • Burke Industries Inc /Ca/ • Plastic materials, synth resins & nonvulcan elastomers • Illinois
Exhibit 10.11 MANAGEMENT AGREEMENT This Management Agreement (this "Agreement"), dated as of August 20, 1997, by and between Burke Industries, Inc., a California corporation (the "Company") and J.F. Lehman & Company, a Delaware corporation (the...Management Agreement • September 29th, 1997 • Burke Industries Inc /Ca/ • New York
GUARANTY (Subsidiary)Burke Industries Inc /Ca/ • April 2nd, 1998 • Plastic materials, synth resins & nonvulcan elastomers • New York
EXHIBIT 10.41 BURKE INDUSTRIES, INC. INCENTIVE STOCK OPTION AGREEMENT No. of Shares subject to Option.:_____ . Option No.:_____. This Agreement dated as of between Burke Industries, Inc., a California corporation (the "Company"), and (the "Optionee")....Burke Industries Inc /Ca/ • March 31st, 2000 • Plastic materials, synth resins & nonvulcan elastomers
EXHIBIT 10.39 BURKE INDUSTRIES, INC. INCENTIVE STOCK OPTION AGREEMENT No. of Shares subject to Option.: ______. Option No.: __. This Agreement dated as of __________ between Burke Industries, Inc., a California corporation (the "Company"), and...Burke Industries Inc /Ca/ • March 31st, 2000 • Plastic materials, synth resins & nonvulcan elastomers
EXHIBIT A FORM OF REVOLVING CREDIT NOTEBurke Industries Inc /Ca/ • September 29th, 1997
This Note is one of the Revolving Credit Notes referred to in that certain Loan and Security Agreement dated as of a date on or about the date hereof (as amended, modified, supplemented or restated from time to time, the "Loan Agreement"; terms defined therein being used in this Note as therein defined) between the Borrower, the financial institutions party thereto from time to time (the "Lenders") and the Agent, is subject to, and entitled to, all provisions and benefits of the Loan Documents, is secured by the Collateral and other property as provided in the Loan Documents, is subject to optional and mandatory prepayment in whole or in part and is subject to acceleration prior to maturity upon the occurrence of one or more Events of Default, all as provided in the Loan Documents.
Exhibit 10.11 MANAGEMENT AGREEMENT This Management Agreement (this "Agreement"), dated as of August 20, 1997, by and between Burke Industries, Inc., a California corporation (the "Company") and J.F. Lehman & Company, a Delaware corporation (the...Management Agreement • April 2nd, 1998 • Burke Industries Inc /Ca/ • Plastic materials, synth resins & nonvulcan elastomers • New York
SUBLEASE by and betweenIndustrial Lease • September 29th, 1997 • Burke Industries Inc /Ca/ • California
BURKE INDUSTRIES, INC. Issuer,Indenture • May 5th, 1998 • Burke Industries Inc /Ca/ • Plastic materials, synth resins & nonvulcan elastomers
REVOLVING CREDIT NOTEBurke Industries Inc /Ca/ • April 2nd, 1998 • Plastic materials, synth resins & nonvulcan elastomers
This Note is one of the Revolving Credit Notes referred to in that certain Loan and Security Agreement dated as of a date on or about the date hereof (as amended, modified, supplemented or restated from time to time, the "Loan Agreement"; terms defined therein being used in this Note as therein defined) between the Borrower, the financial institutions party thereto from time to time (the "Lenders") and the Agent, is subject to, and entitled to, all provisions and benefits of the Loan Documents, is secured by the Collateral and other property as provided in the Loan Documents, is subject to optional and mandatory prepayment in whole or in part and is subject to acceleration prior to maturity upon the occurrence of one or more Events of Default, all as provided in the Loan Documents.
EXHIBIT 10.16 [LOGO] AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION STANDARD INDUSTRIAL/COMMERCIAL SINGLE-TENANT LEASE--GROSS (DO NOT USE THIS FORM FOR MULTI-TENANT PROPERTY) 1. BASIC PROVISIONS ("BASIC PROVISIONS") 1.1 PARTIES: This Lease ("LEASE"),...Burke Industries Inc /Ca/ • September 29th, 1997
EXHIBIT 10.45 EXTENSION AND SECOND AMENDMENT OF LEASE, dated as of January 23, 1995, by and between RTC PROPERTIES, INC., a New York corporation having an office at 1185 Avenue of the Americas, Suite 310, New York, New York 10036 ("Lessor") and MERCER...Extension And • March 31st, 2000 • Burke Industries Inc /Ca/ • Plastic materials, synth resins & nonvulcan elastomers
EXTENSION AND SECOND AMENDMENT OF LEASE, dated as of January 23, 1995, by and between RTC PROPERTIES, INC., a New York corporation having an office at 1185 Avenue of the Americas, Suite 310, New York, New York 10036 ("Lessor") and MERCER PRODUCTS CO., INC., a New York corporation having an office at Hackensack Avenue, Building 10, Kearny, New Jersey 07032 ("Lessee").
EXHIBIT 10.12 [LOGO] AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION STANDARD INDUSTRIAL/COMMERCIAL SINGLE-TENANT LEASE - NET (DO NOT USE THIS FORM FOR MULTI-TENANT PROPERTY) 1. BASIC PROVISIONS ("BASIC PROVISIONS") 1.1 PARTIES: This Lease ("LEASE"),...Lease Amendment Agreement • April 2nd, 1998 • Burke Industries Inc /Ca/ • Plastic materials, synth resins & nonvulcan elastomers
RECITALSEmployment Agreement • May 12th, 2000 • Burke Industries Inc /Ca/ • Plastic materials, synth resins & nonvulcan elastomers • California
COMMERCIAL LEASE AGREEMENTLease Agreement • September 29th, 1997 • Burke Industries Inc /Ca/
EXHIBIT 10.9 WARRANTHOLDERS REGISTRATION RIGHTS AGREEMENT WARRANTHOLDERS REGISTRATION RIGHTS AGREEMENT, dated as of August 20, 1997 (this "Agreement"), by and among BURKE INDUSTRIES, INC., a California corporation ("Company"), MASSACHUSETTS MUTUAL...Warrantholders Registration Rights Agreement • April 2nd, 1998 • Burke Industries Inc /Ca/ • Plastic materials, synth resins & nonvulcan elastomers • New York
Between BURKE INDUSTRIES, INC. (the Borrower) and THE FINANCIAL INSTITUTIONS PARTY HERETO FROM TIME TO TIME (the Lenders) and NATIONSBANK, N.A. (the Agent)Loan and Security Agreement • April 2nd, 1998 • Burke Industries Inc /Ca/ • Plastic materials, synth resins & nonvulcan elastomers • New York
WITNESSETH:Burke Industries Inc /Ca/ • March 31st, 2000 • Plastic materials, synth resins & nonvulcan elastomers
EXHIBIT 10.46 THIRD AMENDMENT AND EXTENSION OF AGREEMENT OF LEASE THIS THIRD AMENDMENT AND EXTENSION OF AGREEMENT OF LEASE, dated as of March 26, 1997, by and between RTC PROPERTIES, INC., A NEW YORK CORPORATION, with offices at 100 Central Avenue,...Extension of Agreement of Lease • March 31st, 2000 • Burke Industries Inc /Ca/ • Plastic materials, synth resins & nonvulcan elastomers
AMENDMENTBurke Industries Inc /Ca/ • August 14th, 2000 • Plastic materials, synth resins & nonvulcan elastomers
RECITALSEmployment Agreement • March 31st, 2000 • Burke Industries Inc /Ca/ • Plastic materials, synth resins & nonvulcan elastomers • California
EXHIBIT 10.17 AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION STANDARD INDUSTRIAL/COMMERCIAL SINGLE-TENANT LEASE 1. BASIC PROVISIONS ("BASIC PROVISIONS") 1.1 PARTIES: This Lease ("Lease"), dated for reference purposes only, June 6, 1995 is made by and...Disturbance Agreement • September 29th, 1997 • Burke Industries Inc /Ca/ • California
