Brush Engineered Materials Inc Sample Contracts

AutoNDA by SimpleDocs
THIRD AMENDMENT TO CREDIT AGREEMENT ----------------------------------- AND CONSENT -----------
Credit Agreement • March 27th, 2002 • Brush Engineered Materials Inc • Primary smelting & refining of nonferrous metals • Ohio
by and among BRUSH ENGINEERED MATERIALS INC., as BORROWER and
Loan Agreement • December 16th, 2003 • Brush Engineered Materials Inc • Primary smelting & refining of nonferrous metals • New York
AMONG
Credit Agreement • December 8th, 2003 • Brush Engineered Materials Inc • Primary smelting & refining of nonferrous metals • Ohio
EXHIBIT 1.1 BRUSH ENGINEERED MATERIALS INC. 1,815,000 Shares of Common Stock* UNDERWRITING AGREEMENT
Underwriting Agreement • June 18th, 2004 • Brush Engineered Materials Inc • Primary smelting & refining of nonferrous metals • Ohio
RECITALS:
Credit Agreement • March 31st, 2003 • Brush Engineered Materials Inc • Primary smelting & refining of nonferrous metals • Ohio
LETTER AGREEMENT
Letter Agreement • August 9th, 2004 • Brush Engineered Materials Inc • Primary smelting & refining of nonferrous metals
BETWEEN
Supply Agreement • November 6th, 2003 • Brush Engineered Materials Inc • Primary smelting & refining of nonferrous metals • Ohio
TENTH AMENDMENT TO MASTER LEASE AGREEMENT AND EQUIPMENT SCHEDULES
Master Lease Agreement • March 31st, 2003 • Brush Engineered Materials Inc • Primary smelting & refining of nonferrous metals • Ohio
BACKGROUND
Loan Agreement • March 14th, 2005 • Brush Engineered Materials Inc • Primary smelting & refining of nonferrous metals • New York
RECITALS:
Credit Agreement • March 31st, 2003 • Brush Engineered Materials Inc • Primary smelting & refining of nonferrous metals • Ohio
FIRST AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • March 15th, 2004 • Brush Engineered Materials Inc • Primary smelting & refining of nonferrous metals • Ohio
EXHIBIT 4(a) RIGHTS AGREEMENT Dated as of May 10, 2000 By and Between Brush Engineered Materials Inc.
Rights Agreement • May 16th, 2000 • Brush Engineered Materials Inc • Primary smelting & refining of nonferrous metals • Ohio
SECOND AMENDED AND RESTATED CREDIT AGREEMENT dated as of June 20, 2013 among MATERION CORPORATION MATERION ADVANCED MATERIALS TECHNOLOGIES AND SERVICES NETHERLANDS B.V. The Other Foreign Subsidiary Borrowers Party Hereto The Lenders Party Hereto...
Credit Agreement • June 25th, 2013 • MATERION Corp • Metal forgings & stampings • New York

SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) dated as of June 20, 2013 among MATERION CORPORATION, MATERION ADVANCED MATERIALS TECHNOLOGIES AND SERVICES NETHERLANDS B.V., the other FOREIGN SUBSIDIARY BORROWERS from time to time party hereto, the LENDERS from time to time party hereto, JPMORGAN CHASE BANK, N.A., as Administrative Agent, and BANK OF AMERICA, N.A., KEYBANK NATIONAL ASSOCIATION and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Co-Syndication Agents.

FOR
Trust Agreement • March 14th, 2005 • Brush Engineered Materials Inc • Primary smelting & refining of nonferrous metals • Ohio
RIGHTS AGREEMENT Dated as of May 10, 2000 By and Between Brush Engineered Materials Inc. and National City Bank, N.A., as Rights Agent
Rights Agreement • August 3rd, 2005 • Brush Engineered Materials Inc • Primary smelting & refining of nonferrous metals • Ohio

This RIGHTS AGREEMENT, dated as of May 10, 2000 (this “AGREEMENT”), is made and entered into by and between Brush Engineered Materials Inc., an Ohio corporation (the “COMPANY”), and National City Bank, N.A., as rights agent (the “RIGHTS AGENT”).

EXHIBIT 4.1 LEASE MODIFICATION
Lease Modification • August 11th, 2003 • Brush Engineered Materials Inc • Primary smelting & refining of nonferrous metals
OFFICER INDEMNIFICATION AGREEMENT
Officer Indemnification Agreement • February 27th, 2009 • Brush Engineered Materials Inc • Metal forgings & stampings • Ohio

This Officer Indemnification Agreement, dated as of , 2009 (this “Agreement”), is made by and between Brush Engineered Materials Inc., an Ohio corporation (the “Company”), and (“Indemnitee”), who is an officer of the Company.

RIGHTS AGREEMENT Dated as of May 10, 2000 By and Between Brush Engineered Materials Inc. and National City Bank, N.A., as Rights Agent
Rights Agreement • August 6th, 2007 • Brush Engineered Materials Inc • Primary smelting & refining of nonferrous metals • Ohio

This RIGHTS AGREEMENT, dated as of May 10, 2000 (this “AGREEMENT”), is made and entered into by and between Brush Engineered Materials Inc., an Ohio corporation (the “COMPANY”), and National City Bank, N.A., as rights agent (the “RIGHTS AGENT”).

DIRECTOR INDEMNIFICATION AGREEMENT
Director Indemnification Agreement • February 27th, 2009 • Brush Engineered Materials Inc • Metal forgings & stampings • Ohio

This Director Indemnification Agreement, dated as of ___, 200___(this “Agreement”), is made by and between Brush Engineered Materials Inc., an Ohio corporation (the “Company”), and (“Indemnitee”), who is a director of the Company.

AutoNDA by SimpleDocs
CREDIT AGREEMENT dated as of November 7, 2007 among BRUSH ENGINEERED MATERIALS INC. WILLIAMS ADVANCED MATERIALS (NETHERLANDS) B.V. The Other Foreign Subsidiary Borrowers Party Hereto The Lenders Party Hereto RBS CITIZENS, NATIONAL ASSOCIATION and...
Credit Agreement • November 7th, 2007 • Brush Engineered Materials Inc • Primary smelting & refining of nonferrous metals • New York

CREDIT AGREEMENT (this “Agreement”) dated as of November 7, 2007 among BRUSH ENGINEERED MATERIALS INC., WILLIAMS ADVANCED MATERIALS (NETHERLANDS) B.V., the other FOREIGN SUBSIDIARY BORROWERS from time to time party hereto, the LENDERS from time to time party hereto, FIFTH THIRD BANK and LASALLE BANK NATIONAL ASSOCIATION, as Co-Syndication Agents and RBS CITIZENS, NATIONAL ASSOCIATION and KEYBANK NATIONAL ASSOCIATION, as Co-Documentation Agents and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as Administrative Agent.

WITNESSETH:
Deferred Compensation Agreement • March 14th, 2005 • Brush Engineered Materials Inc • Primary smelting & refining of nonferrous metals
DEFINITIONS
Agreement Relating to Restricted Shares • March 14th, 2005 • Brush Engineered Materials Inc • Primary smelting & refining of nonferrous metals • Ohio
AMENDED AND RESTATED CREDIT AGREEMENT dated as of July 13, 2011 among MATERION CORPORATION MATERION ADVANCED MATERIALS TECHNOLOGIES AND SERVICES NETHERLANDS B.V. The Other Foreign Subsidiary Borrowers Party Hereto The Lenders Party Hereto JPMORGAN...
Credit Agreement • August 8th, 2012 • MATERION Corp • Metal forgings & stampings • New York

AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) dated as of July 13, 2011 among MATERION CORPORATION, MATERION ADVANCED MATERIALS TECHNOLOGIES AND SERVICES NETHERLANDS B.V., the other FOREIGN SUBSIDIARY BORROWERS from time to time party hereto, the LENDERS from time to time party hereto, JPMORGAN CHASE BANK, N.A., as Administrative Agent, and BANK OF AMERICA, N.A., KEYBANK NATIONAL ASSOCIATION and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Co-Syndication Agents.

THIRD AMENDED AND RESTATED PRECIOUS METALS AGREEMENT
Precious Metals Agreement • October 4th, 2010 • Brush Engineered Materials Inc • Metal forgings & stampings • New York

No downward adjustment in the Applicable Margin shall be permitted following the occurrence and during the continuance of an Event of Default. Notwithstanding the foregoing or anything else to the contrary in this Agreement, within thirty (30) days after the Customers deliver to the Metal Lender the annual, audited financial statements of BEM with respect to any particular Fiscal Year pursuant to Section 9.1(a), either the Customer Agent or the Metal Lender may prepare and deliver to the other a statement (a “Recalculation Statement”) setting forth (i) the assertion of such party that the Applicable Margin used with respect to any particular quarter of such Fiscal Year was incorrect based on verification of BEM’s Leverage Ratio for such quarter based on the annual, audited financial statements of BEM, and (ii) such party’s calculation of the correct Leverage Ratio, resulting Applicable Margin and resulting shortfall or excess in fees charged hereunder based on such calculations. Within

EXECUTIVE INSURANCE AGREEMENT
Executive Insurance Agreement • March 27th, 2002 • Brush Engineered Materials Inc • Primary smelting & refining of nonferrous metals • Ohio
BRUSH ENGINEERED MATERIALS INC. AND BRUSH WELLMAN INC. AMENDED AND RESTATED INDUCEMENT AGREEMENT
Inducement Agreement • August 11th, 2003 • Brush Engineered Materials Inc • Primary smelting & refining of nonferrous metals • Ohio
AMENDMENT NO. 10 TO CONSIGNMENT AGREEMENT
Consignment Agreement • October 30th, 2014 • MATERION Corp • Metal forgings & stampings • New York

THIS AMENDMENT NO. 10 TO CONSIGNMENT AGREEMENT (this “Amendment”) is made as of September 30, 2014, by and among CANADIAN IMPERIAL BANK OF COMMERCE, a Canadian chartered bank (the “PM Lender”); CIBC WORLD MARKETS INC., an Ontario corporation and subsidiary of the PM Lender (the “Copper Lender” and together with the PM Lender, the “Metal Lenders”); MATERION CORPORATION (f/k/a Brush Engineered Materials Inc.), an Ohio corporation (“BEM”); MATERION ADVANCED MATERIALS TECHNOLOGIES AND SERVICES INC. (f/k/a Williams Advanced Materials Inc.), a New York corporation (“WAM”); MATERION TECHNICAL MATERIALS INC. (f/k/a Technical Materials, Inc.), an Ohio corporation (“TMI”); MATERION BRUSH INC. (f/k/a Brush Wellman Inc.), an Ohio corporation (“BWI”); MATERION TECHNOLOGIES INC. (f/k/a Zentrix Technologies Inc.), an Arizona corporation (“ZTI”); MATERION BREWSTER LLC (f/k/a Williams Acquisition, LLC), a New York limited liability company d/b/a Pure Tech (“Pure Tech”); MATERION PRECISION OPTICS AND TH

INDEMNIFICATION AGREEMENT
Indemnification Agreement • May 5th, 2005 • Brush Engineered Materials Inc • Primary smelting & refining of nonferrous metals • Ohio

This Indemnification Agreement (this “Agreement”) is made as of the day of 2005 by and between BRUSH ENGINEERED MATERIALS INC., an Ohio corporation (the “Company”), and (the “Indemnitee”), a Director of the Company.

Contract
Consignment Agreement • August 29th, 2019 • MATERION Corp • Metal forgings & stampings • New York
AMENDMENT NO. 1 TO AMENDED AND RESTATED SEVERANCE AGREEMENT
Severance Agreement • August 9th, 2011 • MATERION Corp • Metal forgings & stampings

THIS AMENDMENT NO. 1 TO AMENDED AND RESTATED SEVERANCE AGREEMENT (this “Amendment”), dated as of May 4, 2011, is made and entered by and between Materion Corporation (formerly named Brush Engineered Materials Inc.), an Ohio corporation (the “Company”), and Gregory Chemnitz (the “Executive”).

AMENDMENT NO. 3 TO SECOND AMENDED AND RESTATED PRECIOUS METALS AGREEMENT
Precious Metals Agreement • October 8th, 2009 • Brush Engineered Materials Inc • Metal forgings & stampings • New York

THIS AMENDMENT NO. 3 TO SECOND AMENDED AND RESTATED PRECIOUS METALS AGREEMENT (this “Amendment”) is made as of October 2, 2009, by and among THE BANK OF NOVA SCOTIA, a Canadian chartered bank (the “Metal Lender”); BRUSH ENGINEERED MATERIALS INC., an Ohio corporation (“BEM”); WILLIAMS ADVANCED MATERIALS INC., a New York corporation (“WAM”); TECHNICAL MATERIALS, INC., an Ohio corporation (“TMI”); BRUSH WELLMAN INC., an Ohio corporation (“BWI”); ZENTRIX TECHNOLOGIES INC., an Arizona corporation (“ZTI”); WILLIAMS ACQUISITION, LLC, a New York limited liability company d/b/a Pure Tech (“Pure Tech”); THIN FILM TECHNOLOGY, INC., a California corporation (“TFT”), TECHNI-MET, LLC, a Delaware limited liability company (“Techni-Met”) and such other Subsidiaries of BEM who may from time to time become parties by means of their execution and delivery with the Metal Lender of a Joinder Agreement under the Precious Metals Agreement (as defined below). BEM, WAM, TMI, BWI, ZTI, Pure Tech, TFT, Techni-Me

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!