WITNESSETH:Credit Agreement • August 14th, 2001 • Global Power Equipment Group Inc/ • Fabricated plate work (boiler shops) • New York
RECITALSPurchase Agreement • April 25th, 2001 • Global Power Equipment Group Inc/ • Fabricated plate work (boiler shops)
3 4 (iv) Each subsidiary of the Company has been duly incorporated or formed and is an existing corporation or limited liability company in good standing under the laws of the jurisdiction of its incorporation or formation, with power and authority...Global Power Equipment Group Inc/ • May 16th, 2001 • Fabricated plate work (boiler shops) • New York
2 3 awarded to the Executive if and when a New MIC Plan is approved and adopted as contemplated in clause (iii) below, (ii) a material modification to the MIC Plan as in effect on the date hereof which adversely affects the determination of the...Employment Agreement • March 9th, 2001 • Global Power Equipment Group Inc/ • Delaware
EXHIBIT ACredit Agreement • May 16th, 2001 • Global Power Equipment Group Inc/ • Fabricated plate work (boiler shops) • New York
EXCHANGE AGREEMENTExchange Agreement • March 29th, 2002 • Global Power Equipment Group Inc/ • Fabricated plate work (boiler shops) • New York
Exhibit 10.12 EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT (this "Agreement") is dated as of May 1, 2002 (the "Effective Date"), by and between Global Power Equipment Group Inc., a Delaware corporation (the "Company"), and Larry D. Edwards (the...Employment Agreement • March 26th, 2003 • Global Power Equipment Group Inc/ • Fabricated plate work (boiler shops) • Delaware
Global Energy Equipment Group, L.L.C. c/o Harvest Partners, Inc., 280 Park Avenue 33rd Floor New York, NY 10017 April 27, 2001 Harvest Partners, Inc. 280 Park Avenue 33rd Floor New York, NY 10017 Attention: Stephen Eisenstein Re: Harvest Management...Management Agreement • August 14th, 2001 • Global Power Equipment Group Inc/ • Fabricated plate work (boiler shops)
WITNESSETH:Credit Agreement • August 14th, 2001 • Global Power Equipment Group Inc/ • Fabricated plate work (boiler shops) • New York
THIRD AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • March 29th, 2002 • Global Power Equipment Group Inc/ • Fabricated plate work (boiler shops) • New York
RECITALSPurchase Agreement • April 17th, 2001 • Global Power Equipment Group Inc/ • Fabricated plate work (boiler shops) • Wisconsin
1 EXHIBIT 10.3 REGISTRATION RIGHTS AGREEMENT Dated as of May 7, 2001 By and Among GLOBAL POWER EQUIPMENT GROUP INC.Registration Rights Agreement • August 14th, 2001 • Global Power Equipment Group Inc/ • Fabricated plate work (boiler shops) • Delaware
Exhibit 10.14 EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT (this "Agreement") is dated as of May 1, 2002 (the "Effective Date"), by and among Global Power Equipment Group Inc., a Delaware corporation ("Holdings"), Deltak, L.L.C., a Delaware limited...Employment Agreement • March 26th, 2003 • Global Power Equipment Group Inc/ • Fabricated plate work (boiler shops) • Delaware
Exhibit 10.15 EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT (this "Agreement") is dated as of May 1, 2002 (the "Effective Date"), by and among Global Power Equipment Group Inc., a Delaware corporation ("Holdings"), Braden Manufacturing, L.L.C., a...Employment Agreement • March 26th, 2003 • Global Power Equipment Group Inc/ • Fabricated plate work (boiler shops) • Delaware
1 EXHIBIT 10.2 MANAGEMENT AGREEMENT MANAGEMENT AGREEMENT, dated as of August 1, 2000 (the "Agreement"), by and between Harvest Partners, Inc., a New York corporation ("Harvest"), and Global Energy Equipment Group, L.L.C., a Delaware limited liability...Management Agreement • March 9th, 2001 • Global Power Equipment Group Inc/ • New York
Exhibit 10.28 EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT (this "Agreement") is dated as of October 31, 2000, by and between Consolidated Fabricators, Inc., a Delaware corporation (the "Company"), and John L. McSweeney (the "Executive")....Employment Agreement • March 29th, 2002 • Global Power Equipment Group Inc/ • Fabricated plate work (boiler shops) • New York
1 EXHIBIT 2.2 AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • March 9th, 2001 • Global Power Equipment Group Inc/ • New York
2 - 3 which adversely affects the determination of the Executive's bonus with respect to the 2000 calendar year or thereafter if the MIC Plan continues to be in effect for any calendar year after the 2000 calendar year unless such modification is...Employment Agreement • March 9th, 2001 • Global Power Equipment Group Inc/ • Delaware
CREDIT AGREEMENT dated as of February 21, 2012 by and among GLOBAL POWER EQUIPMENT GROUP INC., as Borrower, the Lenders referred to herein, as Lenders, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, Swingline Lender and Issuing...Credit Agreement • March 14th, 2012 • Global Power Equipment Group Inc. • Fabricated plate work (boiler shops) • New York
CREDIT AGREEMENT, dated as of February 21, 2012, by and among GLOBAL POWER EQUIPMENT GROUP INC., a Delaware corporation, as Borrower, the lenders who are party to this Agreement and the lenders who become a party to this Agreement pursuant to the terms hereof, as Lenders, and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as Administrative Agent for the Lenders, Swingline Lender and Issuing Lender.
2 3 Acquisition Agreement, each of the Buyer and the Escrow Agent shall deliver to the Sellers a certificate (it being understood that (i) Buyer shall deliver such notice to the Escrow Agent, (ii) the failure of the Escrow Agent to provide such notice...Indemnity Escrow Agreement • March 9th, 2001 • Global Power Equipment Group Inc/ • New York
3 4 IN WITNESS WHEREOF, the parties have executed this First Amendment to the Merger Agreement as of the date first written above. SAW MILL INVESTMENTS LLC By: /s/ Howard Unger ------------------------------------------ Name: Howard Unger Title:...Agreement and Plan of Merger • March 9th, 2001 • Global Power Equipment Group Inc/
Subscription Agent Agreement Between Williams Industrial Services Group Inc. And Computershare Trust Company, N.A. And Computershare Inc.Subscription Agent Agreement • January 17th, 2020 • Williams Industrial Services Group Inc. • Heavy construction other than bldg const - contractors • New York
This SUBSCRIPTION AGENT AGREEMENT (this “Agreement”), dated as of [DATE] (the “Effective Date”), is by and between Williams Industrial Services Group Inc., a Delaware corporation (“Company”), and Computershare Trust Company, N.A., a federally chartered trust company (“Trust Company”), and Computershare Inc., a Delaware corporation (“Computershare”, and together with Trust Company, “Agent”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • November 30th, 2004 • Global Power Equipment Group Inc/ • Fabricated plate work (boiler shops) • New York
REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of November 23, 2004, by and among Global Power Equipment Group Inc., a Delaware corporation, with headquarters located at 6120 South Yale, Suite 1480, Tulsa, Oklahoma 74136 (the “Company”), and the undersigned buyers (individually, a “Buyer”, and collectively, the “Buyers”).
WAIVER AND AMENDMENT TO SENIOR SUBORDINATED LOAN AGREEMENTSenior Subordinated Loan Agreement • March 29th, 2002 • Global Power Equipment Group Inc/ • Fabricated plate work (boiler shops)
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • April 30th, 2010 • Global Power Equipment Group Inc/ • Fabricated plate work (boiler shops) • Delaware
This AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this “Agreement”) is dated effective as of November 21, 2006 (the “Effective Date”), by and among Global Power Equipment Group Inc., a Delaware corporation (the “Company”), and John M. Matheson (the “Executive”). Capitalized terms used but not otherwise defined herein shall have the respective meanings assigned to such terms in Section 1 of this Agreement.
EMPLOYMENT AGREEMENTEmployment Agreement • August 14th, 2018 • Williams Industrial Services Group Inc. • Heavy construction other than bldg const - contractors • Georgia
This EMPLOYMENT AGREEMENT (“Agreement”) is effective as of the 31st day of July, 2018 (the “Effective Date”), between Williams Industrial Services Group Inc. (the “Company”) and Timothy M. Howsman (“Executive”). In consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
CONSENT AND FOURTH AMENDMENT TO REVOLVING CREDIT AND SECURITY AGREEMENTSecurity Agreement • March 31st, 2023 • Williams Industrial Services Group Inc. • Heavy construction other than bldg const - contractors • New York
3.4. Fee Letter 801 3.5. Computation of Interest and Fees 801 3.6. Maximum Charges 81 3.7. Increased Costs 812 3.8. Alternate Rate of Interest; Interest Rate Inadequate or Unfair 823 3.9. Capital Adequacy. 90 3.10. Taxes. 901 3.11. Replacement of Lenders 945 IV. COLLATERAL: GENERAL TERMS 95 4.1. Security Interest in the Collateral 95 4.2. Perfection of Security Interest 956 4.3. Preservation of Collateral 967 4.4. Ownership and Location of Collateral. 967 4.5. Defense of Agent’s and Lenders’ Interests 978 4.6. Inspection of Premises 978 4.7. Appraisals 98 4.8. Receivables; Deposit Accounts and Securities Accounts. 989 4.9. Inventory 102 4.10. Maintenance of Equipment 102 4.11. Exculpation of Liability 1023 4.12. Financing Statements 1023 4.13. Investment Property Collateral. 1023 4.14. Provisions Regarding Certain Investment Property Collateral 1034 V. REPRESENTATIONS AND WARRANTIES. 1034 5.1. Authority 1034
FIFTH AMENDMENT TO TERM LOAN, GUARANTEE AND SECURITY AGREEMENTGuarantee and Security Agreement • May 17th, 2023 • Williams Industrial Services Group Inc. • Heavy construction other than bldg const - contractors • New York
FIFTH AMENDMENT TO TERM LOAN, GUARANTEE AND SECURITY AGREEMENT, dated as of March 31, 2023 (this “Amendment”), by and among Williams Industrial Services Group Inc., a Delaware corporation (“Holdings”), Williams Industrial Services Group, L.L.C., a Delaware limited liability company (“WISG”), Williams Industrial Services, LLC, a Georgia limited liability company (“WISI”), Williams Specialty Services, LLC, a Georgia limited liability company (“WSS”), Williams Plant Services, LLC, a Georgia limited liability company (“WPS”), Williams Global Services, Inc., a Georgia corporation (“Global”), Construction & Maintenance Professionals, LLC, a Georgia limited liability company (“Construction”, and together with Holdings, WISG, WISI, WSS, WPS, Global, Construction, each a “Borrower” and, collectively, “Borrower”), Global Power Professional Services Inc. a Delaware corporation (“Power”), GPEG, LLC, a Delaware limited liability company (“GPEG”), Steam Enterprises LLC, a Delaware limited liability
ELECTION AND NOMINATION AGREEMENTElection and Nomination Agreement • June 1st, 2016 • Global Power Equipment Group Inc. • Fabricated plate work (boiler shops) • Delaware
This Election and Nomination Agreement (this “Agreement”), dated June 1, 2016, and effective May 25, 2016 (the “Effective Date”), is by and among (i) Wynnefield Partners Small Cap Value, L.P., Wynnefield Partners Small Cap Value, L.P. I, Wynnefield Small Cap Value Offshore Fund, Ltd., Wynnefield Capital, Inc. Profit Sharing & Money Purchase Plan, Wynnefield Capital Management, LLC, Wynnefield Capital, Inc. (collectively, the “Shareholder Parties” and each individually, a “member” of the Shareholder Parties) and (ii) Global Power Equipment Group Inc. (the “Company”). Capitalized terms used but not otherwise defined herein shall have the meanings set forth in Section 20.
TWELFTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • February 27th, 2017 • Global Power Equipment Group Inc. • Fabricated plate work (boiler shops) • New York
THIS TWELFTH AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), dated as of December 23, 2016, is among GLOBAL POWER EQUIPMENT GROUP INC., a Delaware corporation (the “Borrower”), WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent for the Lenders (the “Administrative Agent”), the LENDERS (as defined in the Credit Agreement defined below) signing this Amendment, and WELLS FARGO BANK, NATIONAL ASSOCIATION, in its capacity as Swingline Lender and in its capacity as Issuing Lender.
Global Power Equipment Group Inc. Restricted Stock Unit Award Agreement [Insert Name] (the “Grantee”) was awarded [Insert #] Restricted Stock UnitsRestricted Stock Unit Award Agreement • September 13th, 2010 • Global Power Equipment Group Inc. • Fabricated plate work (boiler shops) • Delaware
Restricted Stock Unit Award Agreement (the “Award Agreement”) pursuant to the Global Power Equipment Group Inc. 2008 Management Incentive Plan, as it may be amended from time to time (the “Plan”).
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • April 30th, 2010 • Global Power Equipment Group Inc/ • Fabricated plate work (boiler shops) • Delaware
This AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this “Agreement”) is dated effective as of October 1, 2007 (the “Effective Date”), by and among Global Power Equipment Group Inc., a Delaware corporation (“Holdings”), Williams Industrial Services Group, L.L.C., a Delaware limited liability company (the “Company”) and Kenneth Robuck (the “Executive”). Capitalized terms used but not otherwise defined herein shall have the respective meanings assigned to such terms in Section 1 of this Agreement.
BACKSTOP AGREEMENTBackstop Agreement • November 14th, 2019 • Williams Industrial Services Group Inc. • Heavy construction other than bldg const - contractors • Delaware
This Backstop Agreement (this “Agreement”), is made and entered into as of the date set forth on the signature page hereto, by and between Williams Industrial Services Group Inc., a Delaware corporation (the “Company”), and Wynnefield Capital, Inc., as backstop purchaser (the “Backstop Purchaser”).
SEVENTEENTH AMENDMENT TO CREDIT AGREEMENT AND TWELFTH AMENDMENT TO LIMITED WAIVER AGREEMENTCredit Agreement • June 1st, 2017 • Global Power Equipment Group Inc. • Fabricated plate work (boiler shops) • New York
THIS SEVENTEENTH AMENDMENT TO CREDIT AGREEMENT AND TWELFTH AMENDMENT TO LIMITED WAIVER AGREEMENT (this “Amendment”), dated as of May 31, 2017, is among GLOBAL POWER EQUIPMENT GROUP INC., a Delaware corporation (the “Borrower”), WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent for the Lenders (the “Administrative Agent”), the LENDERS (as defined in the Credit Agreement defined below) signing this Amendment, and WELLS FARGO BANK, NATIONAL ASSOCIATION, in its capacity as Swingline Lender and in its capacity as Issuing Lender.
CONSENT AND FIFTH AMENDMENT TO SENIOR SECURED CREDIT AGREEMENTSenior Secured Credit Agreement • August 14th, 2018 • Williams Industrial Services Group Inc. • Heavy construction other than bldg const - contractors • New York
This CONSENT AND FIFTH AMENDMENT TO SENIOR SECURED CREDIT AGREEMENT, dated as of July 11, 2018 (this “Fifth Amendment”), is entered into by and among Williams Industrial Services Group Inc. (f/k/a Global Power Equipment Group Inc.) (“Borrower”), each financial institution from time to time party hereto as lender (each, a “Lender” and collectively, the “Lenders”), and CENTRE LANE PARTNERS MASTER CREDIT FUND II, L.P., a Delaware limited partnership, as administrative agent for the Lenders (in such capacity, and together with its successors and assigns, the “Administrative Agent”) and as collateral agent for the Lenders (in such capacity, and together with its successors and assigns, the “Collateral Agent”).
