75,000,000 NEENAH FOUNDRY COMPANY 121/2% Senior Subordinated Notes due 2013 REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • August 23rd, 2007 • Tontine Capital Partners L P • Iron & steel foundries • New York
Neenah Foundry Company, a Wisconsin corporation (the “Issuer”), proposes to issue to Tontine Capital Partners, L.P. (“Tontine”), upon the terms set forth in an exchange agreement dated December 29, 2006 (the “Exchange Agreement”), U.S.$75,000,000 aggregate principal amount of its 121/2% Senior Subordinated Notes due 2013 (the “Initial Securities”) to be fully and unconditionally guaranteed (the “Guaranties”) by all of the Company’s existing direct and indirect Wholly Owned Domestic Restricted Subsidiaries (as defined in the form of Indenture referred to below) (the “Guarantors” and together with the Issuer, the “Company”). The Initial Securities include a form of Indenture as Exhibit A thereto (the “Indenture”) among the Issuer, the Guarantors named therein and the trustee to be designated in such Indenture (the “Trustee”). As an inducement to Tontine, the Company agrees with Tontine, for the benefit of the holders of the Initial Securities (including, without limitation, Tontine), and
EXHIBIT 99.1 Joint Filing Agreement The undersigned acknowledge and agree that the foregoing statement on Schedule 13D is filed on behalf of each of the undersigned and that all subsequent amendments to this statement shall be filed on behalf of each...Joint Filing Agreement • August 25th, 2006 • Tontine Capital Partners L P • Electrical work
This Agreement may be executed in counterparts and each of such counterparts taken together shall constitute one and the same instrument.
Exhibit 2 Joint Filing Agreement The undersigned acknowledge and agree that the foregoing statement on Schedule 13D is filed on behalf of each of the undersigned and that all subsequent amendments to this statement shall be filed on behalf of each of...Joint Filing Agreement • May 18th, 2006 • Tontine Capital Partners L P • Electrical work
This Agreement may be executed in counterparts and each of such counterparts taken together shall constitute one and the same instrument.
CONFIDENTIAL TREATMENT REQUESTED] Sales PlanSales Plan • February 26th, 2021 • Tontine Capital Partners L P • Electrical work
This plan of sales is dated as of February 16, 2021 (“Sales Plan”) between Tontine Capital Overseas Master Fund II, LP, as seller (“Seller”), and Cantor Fitzgerald & Co. (“Cantor”), as agent.
15,000,000 Shares BROADWIND ENERGY, INC. COMMON STOCK, PAR VALUE $0.001 PER SHARE UNDERWRITING AGREEMENTUnderwriting Agreement • January 22nd, 2010 • Tontine Capital Partners L P • Nonferrous foundries (castings) • New York
Exhibit 3 Joint Filing Agreement The undersigned acknowledge and agree that the foregoing statement on Schedule 13D is filed on behalf of each of the undersigned and that all subsequent amendments to this statement shall be filed on behalf of each of...Joint Filing Agreement • October 9th, 2007 • Tontine Capital Partners L P • Miscellaneous electrical machinery, equipment & supplies
This Agreement may be executed in counterparts and each of such counterparts taken together shall constitute one and the same instrument.
SECURITIES PURCHASE AGREEMENT BY AND AMONG TONTINE CAPITAL PARTNERS, L.P., TONTINE CAPITAL OVERSEAS MASTER FUND, L.P. AND PATRICK INDUSTRIES, INC. MARCH 10, 2008Securities Purchase Agreement • March 18th, 2008 • Tontine Capital Partners L P • Plastics products, nec • Indiana
This SECURITIES PURCHASE AGREEMENT, dated as of March 10, 2008, is entered into by and among PATRICK INDUSTRIES, INC., an Indiana corporation (the “Company”), and the investors identified on the signature page hereto (each a “Buyer” and collectively, the “Buyers”).
WARRANT AGREEMENTWarrant Agreement • April 6th, 2011 • Tontine Capital Partners L P • Millwood, veneer, plywood, & structural wood members • Illinois
THIS WARRANT AGREEMENT (this “Agreement”) dated as of March 31, 2011, is among PATRICK INDUSTRIES, INC., an Indiana corporation (the “Company”), and the holders of Warrants (as defined below) listed on the signature page hereof (along with their permitted transferees, the “Holders”).
STANDBY PURCHASE AGREEMENTStandby Purchase Agreement • March 18th, 2008 • Tontine Capital Partners L P • Plastics products, nec • Indiana
This STANDBY PURCHASE AGREEMENT (this “Agreement”) dated as of March 10, 2008, by and among Patrick Industries, Inc., an Indiana corporation (the “Company”), Tontine Capital Partners, L.P., a Delaware limited partnership (“TCP”), and Tontine Capital Overseas Master Fund, L.P., a Cayman Islands limited partnership (“TCO” and collectively with TCP, the “Standby Purchasers”);
AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT BY AND BETWEEN MISCOR GROUP, LTD., TONTINE CAPITAL PARTNERS, L.P. AND TONTINE CAPITAL OVERSEAS MASTER FUND, L.P. NOVEMBER 30, 2007Registration Rights Agreement • December 10th, 2007 • Tontine Capital Partners L P • Services-miscellaneous repair services • Indiana
This AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of November 30, 2007, is entered into by and between MISCOR GROUP, LTD., an Indiana corporation (the “Company”), TONTINE CAPITAL PARTNERS, L.P., a Delaware limited partnership (“TCP” or a “Buyer”) and TONTINE CAPITAL OVERSEAS MASTER FUND, L.P., a Cayman Islands limited partnership (a “Buyer” and together with TCP, the “Buyers”).
AMENDMENT NO. 2 TO REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • July 25th, 2008 • Tontine Capital Partners L P • Nonferrous foundries (castings) • Delaware
This AMENDMENT NO. 2 TO REGISTRATION RIGHTS AGREEMENT (this “Amendment”), dated as of July 18, 2008, is entered into by and among Broadwind Energy, Inc. (f/k/a Tower Tech Holdings Inc.), a Delaware corporation (the “Company”) and the undersigned stockholders (the “Stockholders”) of the Company.
Re: Standby Purchase Agreement --------------------------Standby Purchase Agreement • September 20th, 2006 • Tontine Capital Partners L P • Miscellaneous electrical machinery, equipment & supplies
SECURITIES PURCHASE AGREEMENT BY AND AMONG TONTINE CAPITAL PARTNERS, L.P., TONTINE CAPITAL OVERSEAS MASTER FUND, L.P. AND PATRICK INDUSTRIES, INC. APRIL 10, 2007Securities Purchase Agreement • April 18th, 2007 • Tontine Capital Partners L P • Plastics products, nec • Indiana
This SECURITIES PURCHASE AGREEMENT, dated as of April 10, 2007, is entered into by and among PATRICK INDUSTRIES, INC., an Indiana corporation (the “Company”), and the investors identified on the signature page hereto (each a “Buyer” and collectively, the “Buyers”).
THE SECURITY REPRESENTED HEREBY HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR APPLICABLE STATE SECURITIES LAWS, AND MAY NOT BE OFFERED OR SOLD IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT UNDER THE ACT...Senior Subordinated Promissory Note • May 24th, 2007 • Tontine Capital Partners L P • Plastics products, nec • Indiana
THIS NOTE IS SUBJECT TO THE TERMS OF THE SUBORDINATION AGREEMENT DATED THE DATE HEREOF BETWEEN THE INITIAL HOLDER OF THIS NOTE AND JPMORGAN CHASE BANK, N.A., AS ADMINISTRATIVE AGENT, AND NO PAYMENTS HEREON MAY BE MADE, OR ACTIONS TAKEN TO ENFORCE THIS NOTE, IN VIOLATION OF SUCH SUBORDINATION AGREEMENT.
CONFIDENTIAL TREATMENT REQUESTED] Sales PlanSales Plan • December 12th, 2014 • Tontine Capital Partners L P • Millwood, veneer, plywood, & structural wood members
This plan of sales is dated as of December 4, 2014 (“Sales Plan”) between Tontine Capital Partners, LP, as seller (“Seller”), and Cantor Fitzgerald & Co. (“Cantor”), as agent.
PATRICK INDUSTRIES, INC. AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • May 24th, 2007 • Tontine Capital Partners L P • Plastics products, nec • Indiana
This Amended and Restated Registration Rights Agreement (the “Agreement”) is made this 18th day of May, 2007, by and among Patrick Industries, Inc., an Indiana corporation (the “Company”), and the stockholders of the Company identified on the signature page hereto (individually a “Stockholder” and collectively the “Stockholders”). This Amended and Restated Registration Rights Agreement amends and restates in its entirety that certain Registration Rights Agreement dated September 13, 2005, between the Company and Tontine Capital Partners, L.P. (“Tontine Capital”).
PATRICK INDUSTRIES, INC. REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • September 19th, 2005 • Tontine Capital Partners L P • Plastics products, nec • Indiana
This Registration Rights Agreement (the “Agreement”) is made this 13th day of September, 2005, by and between Patrick Industries, Inc., an Indiana corporation (the “Company”), and Tontine Capital Partners, L.P. (the “Stockholder”).
SECURED SENIOR SUBORDINATED NOTE AND WARRANT PURCHASE AGREEMENTSubordination Agreement • April 6th, 2011 • Tontine Capital Partners L P • Millwood, veneer, plywood, & structural wood members • Illinois
This SECURED SENIOR SUBORDINATED NOTE AND WARRANT PURCHASE AGREEMENT (this “Agreement”), dated as of March 31, 2011, is entered into by and among Patrick Industries, Inc., an Indiana corporation (the “Company”), Tontine Capital Overseas Master Fund II, L.P., a Cayman Islands limited partnership (“Tontine”), and Northcreek Mezzanine Fund I, L.P., a Delaware limited partnership, on its behalf (“Northcreek”, and each of Tontine and Northcreek individually, a “Buyer” and collectively, the “Buyers”) and in its capacity as collateral agent (“Collateral Agent”). Certain of the capitalized terms used but not defined herein have the meanings assigned to them in Exhibit A (which is incorporated herein by reference).
SUBORDINATION AND INTERCREDITOR AGREEMENTSubordination and Intercreditor Agreement • April 6th, 2011 • Tontine Capital Partners L P • Millwood, veneer, plywood, & structural wood members • Illinois
THIS SUBORDINATION AND INTERCREDITOR AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time in accordance with the terms hereof, this “Agreement”) is entered into as of March 31, 2011, by and among Tontine Capital Overseas Master Fund II, L.P., a Cayman Islands limited partnership (“Tontine”), Northcreek Mezzanine Fund I, L.P., a Delaware limited partnership (“Northcreek”), on its behalf and in its capacity as collateral agent pursuant to the terms of the Note Purchase Agreement described below (in such capacity, “Collateral Agent”), Patrick Industries, Inc., an Indiana corporation (the “Company”), and Wells Fargo Capital Finance, LLC, a Delaware limited liability company, as Agent for all Senior Lenders party to the Senior Credit Agreement described below and all Bank Product Providers.
ContractSubordination Agreement • April 6th, 2011 • Tontine Capital Partners L P • Millwood, veneer, plywood, & structural wood members • Illinois
THIS AGREEMENT AND THE RIGHTS AND OBLIGATIONS EVIDENCED HEREBY ARE SUBORDINATE IN THE MANNER AND TO THE EXTENT SET FORTH IN THAT CERTAIN SUBORDINATION AND INTERCREDITOR AGREEMENT (AS THE SAME MAY BE AMENDED OR OTHERWISE MODIFIED FROM TIME TO TIME PURSUANT TO THE TERMS THEREOF, THE “SUBORDINATION AGREEMENT”) DATED AS OF MARCH 31, 2011 AMONG PATRICK INDUSTRIES, INC., AN INDIANA CORPORATION (THE “COMPANY”), TONTINE CAPITAL OVERSEAS MASTER FUND II, L.P., A CAYMAN ISLANDS LIMITED PARTNERSHIP, NORTHCREEK MEZZANINE FUND I, L.P., A DELAWARE LIMITED PARTNERSHIP, ON ITS BEHALF AND IN ITS CAPACITY AS COLLATERAL AGENT, AND WELLS FARGO CAPITAL FINANCE, LLC (“WFCF”), TO THE INDEBTEDNESS (INCLUDING INTEREST) OWED BY THE CREDIT PARTIES (AS DEFINED IN THE SUBORDINATION AGREEMENT) PURSUANT TO THAT CERTAIN CREDIT AGREEMENT DATED AS OF MARCH 31, 2011 AMONG THE COMPANY, WFCF AND THE LENDERS FROM TIME TO TIME PARTY THERETO (THE “SENIOR CREDIT AGREEMENT”), AND THE OTHER SENIOR DEBT DOCUMENTS (AS DEFINED IN T
AMENDMENT NO. 3 TO REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • September 22nd, 2008 • Tontine Capital Partners L P • Nonferrous foundries (castings) • Delaware
This AMENDMENT NO. 3 TO REGISTRATION RIGHTS AGREEMENT (this “Amendment”), dated as of September 12, 2008, is entered into by and among Broadwind Energy, Inc. (f/k/a Tower Tech Holdings Inc.), a Delaware corporation (the “Company”) and the undersigned stockholders (the “Stockholders”) of the Company.
TERMINATION OF STANDBY PURCHASE AGREEMENTTermination of Standby Purchase Agreement • March 18th, 2008 • Tontine Capital Partners L P • Plastics products, nec • Indiana
THIS TERMINATION OF STANDBY PURCHASE AGREEMENT (this “Agreement”), dated as of March 10, 2008, is made by and among PATRICK INDUSTRIES, INC., an Indiana corporation (the “Company”), TONTINE CAPITAL PARTNERS, L.P., a Delaware limited partnership corporation (“TCP”) and TONTINE CAPITAL OVERSEAS MASTER FUND, L.P., a Delaware limited partnership (“TCOMF,” and collectively with TCP, “Tontine”).
Securities Purchase Agreement By and Among Tontine Capital Partners, L.P., Tontine Capital Overseas Master Fund, L.P. and Miscor Group, Ltd. November 30, 2007Securities Purchase Agreement • December 10th, 2007 • Tontine Capital Partners L P • Services-miscellaneous repair services • Indiana
This SECURITIES PURCHASE AGREEMENT, dated as of November 30, 2007, is entered into by and among MISCOR GROUP, LTD., an Indiana corporation (the “Company”), and the investors identified on the signature page hereto (each a “Buyer” and collectively, the “Buyers”).
CONFIDENTIAL TREATMENT] Sales PlanSales Plan • March 15th, 2024 • Tontine Capital Partners L P • Electrical work
This plan of sales is dated as of March 6, 2024 (“Sales Plan”) between Tontine Capital Overseas Master Fund II, LP, as seller (“Seller”), and Cantor Fitzgerald & Co. (“Cantor”), as agent.
January 9, 2009 Broadwind Energy, Inc.Registration Rights Agreement • January 16th, 2009 • Tontine Capital Partners L P • Nonferrous foundries (castings)
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • August 29th, 2007 • Tontine Capital Partners L P • Blank checks • Wisconsin
THIS SECURITIES PURCHASE AGREEMENT (this “Agreement”) is made as of this 23rd day of August, 2007, by and among TONTINE CAPITAL PARTNERS, L.P., a Delaware limited partnership (“TCP” and a “Buyer”), TONTINE CAPITAL OVERSEAS MASTER FUND, L.P. (“TCOMF,” a “Buyer” and collectively with TCP, the “Buyers”), ALEX C. ALLIE, PETER C. ALLIE, CHRISTOPHER C. ALLIE, STACEY C. CULLIGAN, WERGIN FAMILY DYNASTY TRUST 2005, DANIEL P. WERGIN and TERENCE P. FOX (each a “Seller” and collectively, the “Sellers”).
FORM OF IRREVOCABLE PROXYIrrevocable Proxy • March 5th, 2007 • Tontine Capital Partners L P • Blank checks
All capitalized terms used but not defined in this Irrevocable Proxy shall have the meanings set forth in that certain Securities Purchase Agreement, of even date herewith (the “Purchase Agreement”), by and among Tontine Capital Partners, L.P., a Delaware Limited Partnership (“Tontine”), Tontine Capital Overseas Master Fund, L.P., a Cayman Islands Limited Partnership (“TCOMF,” and together with Tontine, the “Purchasers”) and Tower Tech Holdings Inc., a Nevada corporation (the “Company”).
August 22, 2007Stock Purchase Agreement • August 29th, 2007 • Tontine Capital Partners L P • Blank checks
This letter is being provided to you for purposes of inducing each of you to execute and deliver that certain Stock Purchase Agreement dated as of August 22, 2007 by and among you and Tower Tech Holdings, Inc., a Nevada corporation (the “Buyer”) (the “SPA”) and to consummate the transaction contemplated by the SPA whereby all of the issued and outstanding shares of capital stock of Brad Foote Gear Works, Inc., an Illinois corporation, shall be sold by you to the Buyer (the “Transaction”). Any capitalized terms used in this letter and not defined herein shall have the meaning ascribed to them under the SPA.
December 10, 2009Underwriting Agreement • January 22nd, 2010 • Tontine Capital Partners L P • Nonferrous foundries (castings)
The undersigned understands that Macquarie Capital (USA) Inc. and J.P. Morgan Securities Inc. (the “Representatives”), on behalf of the several underwriters (the “Underwriters”), propose to enter into an Underwriting Agreement (the “Underwriting Agreement”) with Broadwind Energy, Inc., a Delaware corporation (the “Company”), and certain Selling Shareholders listed therein (the “Selling Shareholders”), providing for the public offering (the “Public Offering”) by the Underwriter of 15,000,000 shares (the “Shares”) of common stock, par value $0.001 per share, of the Company (the “Common Stock”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • August 23rd, 2007 • Tontine Capital Partners L P • Iron & steel foundries • New York
REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of October 8, 2003, by and among ACP Holding Company, a Delaware corporation (the “Company”), and the Persons identified on Schedule I hereto (the “Initial Holders”).
CONFIDENTIAL TREATMENT] Sales PlanSales Plan • September 8th, 2023 • Tontine Capital Partners L P • Electrical work
This plan of sales is dated as of August 31, 2023 (“Sales Plan”) between Tontine Capital Overseas Master Fund II, LP, as seller (“Seller”), and Cantor Fitzgerald & Co. (“Cantor”), as agent.
STOCK PURCHASE AGREEMENTStock Purchase Agreement • January 9th, 2015 • Tontine Capital Partners L P • Millwood, veneer, plywood, & structural wood members • Indiana
This STOCK PURCHASE AGREEMENT (this “Agreement”), dated the 9th day of January, 2015 (the “Effective Date”), is made by and among Patrick Industries, Inc., an Indiana corporation (the “Company”), and Tontine Capital Partners, L.P., a Delaware limited partnership (the “Seller”).
STOCK PURCHASE AGREEMENTStock Purchase Agreement • September 19th, 2005 • Tontine Capital Partners L P • Plastics products, nec • Indiana
THIS STOCK PURCHASE AGREEMENT (this “Agreement”) is made this 13th day of September, 2005, by and between TONTINE CAPITAL PARTNERS, L.P., a Delaware limited partnership (the “Buyer”), MERVIN D. LUNG and DOROTHY LUNG (each a “Seller” and collectively, the “Sellers”).
AMENDMENT NO. 1 TO SECOND AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • April 6th, 2011 • Tontine Capital Partners L P • Millwood, veneer, plywood, & structural wood members • Indiana
This AMENDMENT NO. 1 TO SECOND AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT (this “Amendment”), dated as of March 31, 2011, is entered into by and among Patrick Industries, Inc. (the “Company”), Tontine Capital Partners, L.P. (“TCP”), Tontine Capital Overseas Master Fund, L.P. (“TMF”), Tontine Capital Overseas Master Fund II, L.P. (“TCP 2”) and Northcreek Mezzanine Fund I, L.P. (“Northcreek”). Capitalized terms used and not defined in this Amendment are defined in the Registration Rights Agreement (as defined below).
RESTATED IRREVOCABLE PROXYIrrevocable Proxy • December 10th, 2007 • Tontine Capital Partners L P • Services-miscellaneous repair services
All capitalized terms used but not defined in this Irrevocable Proxy shall have the meanings set forth in that certain Securities Purchase Agreement, of even date herewith (the “Purchase Agreement”), by and among MISCOR Group, Ltd. (the “Company”), Tontine Capital Partners, L.P. (“Tontine”) and Tontine Capital Overseas Master Fund, L.P. (“TCOMF” and together with Tontine, the “Purchasers”).
