BUSINESS LOAN AGREEMENTBusiness Loan Agreement • October 12th, 2005 • Black Mountain Holdings, Inc. • Steel works, blast furnaces & rolling & finishing mills • Oklahoma
References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing "***" has been omitted doe to text length limitations.
COMMERCIAL SECURITY AGREEMENTCommercial Security Agreement • October 12th, 2005 • Black Mountain Holdings, Inc. • Steel works, blast furnaces & rolling & finishing mills
References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing "***" has been omitted doe to text length limitations.
BUSINESS LOAN AGREEMENT (ASSET BASED)Business Loan Agreement • October 12th, 2005 • Black Mountain Holdings, Inc. • Steel works, blast furnaces & rolling & finishing mills • Oklahoma
THIS BUSINESS LOAN AGREEMENT (ASSET BASED) dated April 13, 2004, Is made and executed between H & M STEEL INC ("Borrower") and BANCFIRST ("Lender") on the following terms and conditions, Borrower has received prior commercial loans from Lender or has applied to Lender for a commercial loan or loan, or other financial accommodation., Including those which may be described on any exhibit or schedule attached to this Agreement ("Loan"). Borrower understands and agrees that: (A) In granting, renewing, or extending any loan. Lender is relying upon Borrower's representations, warranties, and agreements as set forth In this Agreement; (B) the granting, renewing, or extending of any loan by Lender at all times shall be subject to Lender's sole judgment and discretion; and (C) all such loans shall be end remain subject to the terms and conditions of this Agreement.
FORBEARANCE AGREEMENTForbearance Agreement • October 12th, 2005 • Black Mountain Holdings, Inc. • Steel works, blast furnaces & rolling & finishing mills
THIS AGREEMENT is made effective 28th day of February, 2005, by and among H&M STEEL, INC., an Oklahoma corporation (the "Borrower"), DAVID R. PAYNE, J. ANDREW MOORER, and STRUCTURAL HOLDINGS, INC., an Oklahoma corporation (hereinafter collectively referred to as the "Guarantors" and individually referred to as a "Guarantor"), DEEP FORK, LLC, an Oklahoma limited liability company (the "Subordinated Creditor"), and BANCFIRST, an Oklahoma banking corporation (the "Lender").
NOTE RESTRUCTURE. NOTE PURCHASE AND INTERCREDITOR AGREEMENT (TERM NOTE C)Note Purchase and Intercreditor Agreement • October 12th, 2005 • Black Mountain Holdings, Inc. • Steel works, blast furnaces & rolling & finishing mills • California
THIS NOTE RESTRUCTURE, NOTE PURCHASE AND INTERCREDITOR AGREEMENT (this "Agreement") is entered into and effective for all purposes as of May 31, 2003 by and among Deep Fork Capital, L.L.C., an Oklahoma limited liability company (the "Purchaser"), H & M Notes, L.L.C., a California limited liability company (the "Seller"), H & M Steel, Inc., an Oklahoma corporation (the "Borrower"), and Structural Holdings, Inc. (the "Guarantor").
IMPORTANT: PLEASE READ CAREFULLY BEFORE SIGNING. SIGNIFICANT REPRESENTATIONS ARE CALLED FOR HEREIN. SUBSCRIPTION AGREEMENT and LETTER OF INVESTMENT INTENTSubscription Agreement • July 18th, 2005 • Black Mountain Holdings, Inc.
The undersigned hereby tenders this subscription for the purchase of 750,000 shares of Common Stock (the "Securities") of Black Mountain Holdings, Inc. (the "Company") at a price of $.10 per share. This subscription is irrevocable and unconditional. By execution below, the undersigned acknowledges that the Company is relying upon the accuracy and completeness of representations contained herein in complying with their obligations under applicable securities laws.
NOTE RESTRUCTURE, NOTE PURCHASE AND INTERCREDITOR AGREEMENT |(TERM NOTES A AND B)Note Purchase Agreement • October 12th, 2005 • Black Mountain Holdings, Inc. • Steel works, blast furnaces & rolling & finishing mills • California
THIS NOTE RESTRUCTURE, NOTE PURCHASE AND INTERCREDITOR AGREEMENT (this "Agreement") is entered into and effective for all purposes as of May 31, 2003 by and among Deep Fork Capital, L.L.C., an Oklahoma limited liability company (the "Purchaser"), Debt Acquisition Company of America V, L.L.C., a California limited liability company (the "Seller"), H & M Steel, Inc., an Oklahoma corporation (the "Borrower") and Structural Holdings, Inc. (the "Guarantor").
TRUST AGREEMENTTrust Agreement • July 18th, 2005 • Black Mountain Holdings, Inc. • Delaware
This TRUST AGREEMENT is entered into effective the 23rd day of June, 2003 by and between J. Andrew Moorer, as trustee ("Trustee"), and Guardian Technologies International, Inc., a Delaware corporation ("Guardian").
AGREEMENTStock Purchase Agreement • October 12th, 2005 • Black Mountain Holdings, Inc. • Steel works, blast furnaces & rolling & finishing mills • Delaware
THIS AGREEMENT is made and entered into this 31st day of December, 2004, by and between GUARDIAN STEEL, INC., a Delaware corporation, or assigns ("Optionee"), and THOMAS DUNCAN ("Duncan" or "Optionor").
STOCK PURCHASE AGREEMENTStock Purchase Agreement • July 18th, 2005 • Black Mountain Holdings, Inc. • Delaware
This Stock Purchase Agreement (the "Agreement") is entered into effective as of the ____ day of March, 2005, by and between SAMI MIRO, and/or his assigns, ("Buyer"), and BLACK MOUNTAIN HOLDINGS, INC., a Delaware corporation ("Seller").
CONSULTATION AND SECURITIES COMPENSATION AGREEMENTConsultation and Securities Compensation Agreement • July 18th, 2005 • Black Mountain Holdings, Inc. • Delaware
THIS AGREEMENT is executed and made effective as of the 1st day of January, 2005, between Black Mountain Holdings, Inc., a Delaware corporation (the "Company"), and Sami Miro ("Consultant").
