SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • April 21st, 2011 • Swisher Hygiene Inc. • Services-to dwellings & other buildings • Delaware
SECOND AMENDMENT AND WAIVER TO CREDIT AGREEMENTCredit Agreement • November 9th, 2010 • Swisher Hygiene Inc. • North Carolina
THIS CREDIT AGREEMENT, dated as of November 14, 2005 (as amended through the Second Amendment, dated September 8, 2006), is made and entered into by and between SWISHER INTERNATIONAL, INC., a Nevada corporation, (the “Borrower”), and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (the “Bank”).
CREDIT AGREEMENT between SWISHER INTERNATIONAL, INC. and WACHOVIA BANK, NATIONAL ASSOCIATION $5,000,000 Revolving Line of Credit November 14, 2005Credit Agreement • December 15th, 2010 • Swisher Hygiene Inc. • Services-to dwellings & other buildings • North Carolina
THIS CREDIT AGREEMENT, dated as of November 14, 2005, is made and entered into by and between SWISHER INTERNATIONAL, INC., a Nevada corporation, (the “Borrower”), and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (the “Bank”).
CREDIT AGREEMENT among SWISHER HYGIENE INC., as Borrower, THE LENDERS NAMED HEREIN, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent.Credit Agreement • April 20th, 2011 • Swisher Hygiene Inc. • Services-to dwellings & other buildings • North Carolina
THIS CREDIT AGREEMENT, dated as of the 30th day of March, 2011, is made among SWISHER HYGIENE INC., a Delaware corporation (the “Borrower”), the Lenders (as hereinafter defined), and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent for the Lenders.
FORM OF ASSIGNMENT OF STOCKAssignment of Stock • February 14th, 2012 • Swisher Hygiene Inc. • Services-to dwellings & other buildings • Florida
THIS ASSIGNMENT OF STOCK (this “Agreement”) is made and entered into as of [—], by and between H. Wayne Huizenga (“Assignor”) and [—] (“Assignee”).
FOURTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • June 5th, 2012 • Swisher Hygiene Inc. • Services-to dwellings & other buildings • North Carolina
THIS FOURTH AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is made and entered into as of May 30, 2012, by and among SWISHER HYGIENE, INC., a Delaware corporation (“Borrower”), the Subsidiary Guarantors party hereto, the Required Lenders under and as defined in the hereinafter defined Credit Agreement, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent under the hereinafter defined Credit Agreement (the “Administrative Agent”).
MASTER LOAN AND SECURITY AGREEMENT (IB/Fully Amortized)Master Loan and Security Agreement • August 18th, 2011 • Swisher Hygiene Inc. • Services-to dwellings & other buildings • Texas
The undersigned debtor, meaning all debtors jointly and severally (“Debtor”) to secure the obligations set forth herein, grants to General Electric Capital Corporation (with its successors and assigns, “Lender”) under the terms and provisions of this agreement (together with all schedules, addenda and amendments, this “Agreement”) a security interest in all property described in any Schedule A executed by Debtor and Lender (“Schedule A”) together with all present and future accessions, attachments, accessories, replacement parts, repairs and additions or substitutions thereto (collectively, the “Equipment”). Any advance under this Agreement shall be evidenced by a Schedule A and Debtor’s payment obligations shall be as set forth in such Schedule A. Each such Schedule A is a separate loan and security agreement incorporating, except as specifically agreed upon by Debtor and Lender in such Schedule A, all of the terms and provisions of this Agreement. Lender may make, or decline to make,
Swisher Hygiene Vehicle Lease Financing Proposal August, 2011Vehicle Lease Financing Proposal • August 18th, 2011 • Swisher Hygiene Inc. • Services-to dwellings & other buildings
Under the Lease and Fleet Management Services Agreement(s) between Swisher Hygiene, Inc. and it Subsidiaries (collectively, the “Master Lease Agreements”) and Automotive Rentals, Inc. (“ARI”), ARI agrees to provide Swisher Hygiene, Inc. and its subsidiaries an additional line of credit of $25,000,000 for vehicle lease funding needs and fleet management programs (maintenance management and fuel purchasing) under the following terms:
PLEDGE AND SECURITY AGREEMENTPledge and Security Agreement • April 5th, 2011 • Swisher Hygiene Inc. • Services-to dwellings & other buildings • North Carolina
THIS PLEDGE AND SECURITY AGREEMENT, dated as of the 30th day of March, 2011 (this “Agreement”), is made by SWISHER HYGIENE INC., a Delaware corporation (the “Borrower”), and by each of the undersigned Subsidiaries of the Borrower and each other Subsidiary that, after the date hereof, executes an instrument of accession hereto substantially in the form of Exhibit C (a “Pledgor Accession”; the undersigned and such other Subsidiaries, collectively, together with the Borrower, the “Pledgors”), in favor of WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent for the Lenders party to the Credit Agreement referred to below (in such capacity, the “Administrative Agent”), for the benefit of the Secured Parties (as hereinafter defined). Except as otherwise provided herein, capitalized terms used herein without definition have the meanings given to them in the Credit Agreement referred to below.
FIRST AMENDMENT AND WAIVER TO CREDIT AGREEMENTCredit Agreement • November 9th, 2010 • Swisher Hygiene Inc. • North Carolina
THIS FIRST AMENDMENT AND WAIVER TO CREDIT AGREEMENT (this “Amendment”) is made and entered into as of June 30, 2009, by and between HB SERVICE, LLC, a Delaware limited liability company (the “Borrower”), WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association with its principal office in Charlotte, North Carolina (the “Bank”) and the other Persons party hereto for the purposes set forth herein.
LOAN AND SECURITY AGREEMENT Dated as of August 29, 2014 among Siena Lending Group LLC, as Lender, Sanolite Corporation Service Michigan, LLC Service Tampa, LLC Swisher Hygiene Franchise Corp. Swisher Hygiene USA Operations, Inc. SWSH Arizona Mfg.,...Loan and Security Agreement • September 3rd, 2014 • Swisher Hygiene Inc. • Soap, detergents, cleang preparations, perfumes, cosmetics • New York
This Loan and Security Agreement (as it may be amended, restated or otherwise modified from time to time, this "Agreement") is entered into on August 29, 2014 among (1) SIENA LENDING GROUP LLC ("Lender"), (2) SANOLITE CORPORATION, a New York corporation (“Sanolite”), SERVICE MICHIGAN, LLC, a Florida limited liability company (“Service Michigan”), SERVICE TAMPA, LLC, a Florida limited liability company (“Service Tampa”), SWISHER HYGIENE FRANCHISE CORP., a North Carolina corporation (“Swisher Franchise”), SWISHER HYGIENE USA OPERATIONS, INC., a Delaware corporation (“Swisher USA”), SWSH ARIZONA MFG., Inc., a Delaware corporation (“SWSH Arizona”), SWSH DALEY MFG., INC., a Delaware corporation (“SWSH Daley”), SWSH MOUNT HOOD MFG., INC., a Delaware corporation (“Mount Hood”) and SWISHER INTERNATIONAL, INC., a Nevada corporation (“Swisher International” and together with Sanolite, Service Michigan, Service Tampa, Swisher Franchise, Swisher USA, SWSH Arizona, SWSH Daley and Mount Hood, collec
Executive Services AgreementExecutive Services Agreement • August 9th, 2013 • Swisher Hygiene Inc. • Services-to dwellings & other buildings • Florida
FIFTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • June 29th, 2012 • Swisher Hygiene Inc. • Services-to dwellings & other buildings • North Carolina
THIS FIFTH AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is made and entered into as of June 28, 2012, by and among SWISHER HYGIENE, INC., a Delaware corporation (“Borrower”), the Subsidiary Guarantors party hereto, the Required Lenders under and as defined in the hereinafter defined Credit Agreement, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent under the hereinafter defined Credit Agreement (the “Administrative Agent”).
AGENCY AGREEMENTAgency Agreement • February 24th, 2011 • Swisher Hygiene Inc. • Services-to dwellings & other buildings • Ontario
The Subscriber or its disclosed principal, as the case may be, hereby represents, warrants and certifies (by completing and signing this certificate below) on its own behalf or, if applicable, on behalf of those for whom the Subscriber is contracting hereunder, to the Company and its counsel (which representations, warranties and certifications shall survive Closing) and acknowledges that the Company and its counsel are relying thereon that the Subscriber or, if applicable, its disclosed principal, is a resident of or otherwise subject to the securities legislation of a province or territory of Canada, the Subscriber or such disclosed principal is an “accredited investor”, as such term is defined in National Instrument 45-106 — Prospectus and Registration Exemptions (“NI 45-106”) and, as at the time the subscription is accepted by the Company, the Subscriber or the disclosed principal, as the case may be, will fall within one or more of the following categories (Please initial one or m
FOURTH AMENDMENT AND WAIVER TO CREDIT AGREEMENTCredit Agreement • November 9th, 2010 • Swisher Hygiene Inc. • North Carolina
THIS CREDIT AGREEMENT, dated as of November 14, 2005 (as amended through the Fourth Amendment, dated June 25, 2008), is made and entered into by and between SWISHER INTERNATIONAL, INC., a Nevada corporation, (the “Borrower”), and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (the “Bank”).
AGREEMENT AND PLAN OF MERGER among COOLBRANDS INTERNATIONAL INC. COOLBRANDS INTERNATIONAL (NEVADA), INC. and SWISHER INTERNATIONAL, INC. and STEVEN R. BERRARD Dated as of August 17, 2010Merger Agreement • November 9th, 2010 • Swisher Hygiene Inc. • Delaware
AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of August 17, 2010 among COOLBRANDS INTERNATIONAL INC., a Canadian corporation (“Parent”), COOLBRANDS INTERNATIONAL (NEVADA), INC., a Nevada corporation and a wholly owned subsidiary of Parent (“Merger Sub”), SWISHER INTERNATIONAL, INC., a Nevada corporation (the “Company”) and Steven R. Berrard, a shareholder of the Company (the “Shareholder”). In addition to terms defined in the Preamble, Recitals and the Sections of this Agreement, certain terms are defined in Section 10.03 of this Agreement.
CREDIT AGREEMENT between HB SERVICE, LLC and WACHOVIA BANK, NATIONAL ASSOCIATION $15,000,000 Revolving Line of Credit June 25, 2008Credit Agreement • November 9th, 2010 • Swisher Hygiene Inc. • North Carolina
THIS CREDIT AGREEMENT, dated as of June 25, 2008, is made and entered into by and between HB SERVICE, LLC, a Delaware limited liability company (the “Borrower”), and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (the “Bank”).
AMENDED AND RESTATED SECURITY AGREEMENTSecurity Agreement • November 9th, 2010 • Swisher Hygiene Inc.
ASSIGNMENT OF SHARESAssignment of Shares • March 4th, 2011 • Swisher Hygiene Inc. • Services-to dwellings & other buildings • Florida
This Assignment of Shares (“Assignment”) dated as of February 28, 2011 is between P & C Holdings, L.L.C., a Florida limited liability company (“Assignor”), Nicholas Cascione, an individual and resident of the State of Florida and the sole member of the Assignor (the “Member”), and Swisher Hygiene Inc., a Delaware corporation (“Assignee”).
SEPARATION AGREEMENT AND RELEASESeparation Agreement • February 26th, 2016 • Swisher Hygiene Inc. • Soap, detergents, cleang preparations, perfumes, cosmetics
This Confidential Separation Agreement and Release (hereafter “Agreement”) is entered into between William M. Pierce (hereafter “Employee”) and Swisher Hygiene Inc., its subsidiaries, affiliates and related companies (hereafter “Swisher”).
FIRST AMENDMENT TO CREDIT AGREEMENT AND PLEDGE AND SECURITY AGREEMENTCredit Agreement and Pledge and Security Agreement • August 18th, 2011 • Swisher Hygiene Inc. • Services-to dwellings & other buildings • North Carolina
THIS FIRST AMENDMENT TO CREDIT AGREEMENT AND PLEDGE AND SECURITY AGREEMENT (this “Amendment”) is made and entered into as of August 12, 2011, and shall be effective as of August 12, 2011 upon the satisfaction of all of the conditions to effectiveness set forth in Article IV hereof (the “Effective Date”) by and between SWISHER HYGIENE, INC., a Delaware corporation (“Borrower”), the Subsidiary Guarantors party hereto, the Required Lenders under and as defined in the hereinafter defined Credit Agreement, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent under the hereinafter defined Credit Agreement (the “Administrative Agent”).
SWISHER HYGIENE INC. - and - CLARUS SECURITIES INC. - and - BROADBAND CAPITAL MANAGEMENT LLC - and - TD SECURITIES INC. - and - EQUITY FINANCIAL TRUST COMPANY - and - CONTINENTAL STOCK TRANSFER & TRUST CO. SUBSCRIPTION RECEIPT AGREEMENT Providing for...Subscription Receipt Agreement • February 24th, 2011 • Swisher Hygiene Inc. • Services-to dwellings & other buildings • Ontario
EQUITY FINANCIAL TRUST COMPANY, a trust company existing under the laws of Canada (hereinafter referred to as the “Subscription Receipt Agent”)
SECOND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • April 12th, 2012 • Swisher Hygiene Inc. • Services-to dwellings & other buildings • North Carolina
THIS SECOND AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is made and entered into and effective as of April 12, 2012, upon the satisfaction of all of the conditions to effectiveness set forth in Article III hereof (the “Second Amendment Effective Date”) by and among SWISHER HYGIENE, INC., a Delaware corporation (“Borrower”), the Subsidiary Guarantors party hereto, the Required Lenders under and as defined in the hereinafter defined Credit Agreement, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent under the hereinafter defined Credit Agreement (the “Administrative Agent”).
CONSULTING AGREEMENT AND RELEASEConsulting Agreement • May 1st, 2013 • Swisher Hygiene Inc. • Services-to dwellings & other buildings • North Carolina
This Consulting Agreement And Release (hereafter "Agreement") is entered into as of August 18, 2012, between Steven R. Berrard (hereafter "Berrard") and Swisher International, Inc., its subsidiaries and affiliated companies (hereafter "Swisher").
DEFERRED PROSECUTION AGREEMENTDeferred Prosecution Agreement • March 15th, 2016 • Swisher Hygiene Inc. • Soap, detergents, cleang preparations, perfumes, cosmetics
Defendant SWISHER HYGIENE INC. (“SWISHER” or the “Company”) by its undersigned attorneys, pursuant to authority granted by its Board of Directors, and the United States Attorney’s Office for the Western District of North Carolina (the “United States”) enter into this Deferred Prosecution Agreement (the “Agreement”). This Agreement shall be in effect for a period of forty-eight (48) months, unless terminated prior to such date pursuant to Paragraph 11 below.
AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENTEmployment Agreement • November 10th, 2014 • Swisher Hygiene Inc. • Soap, detergents, cleang preparations, perfumes, cosmetics
This AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT (this “Amendment”) is effective as of June 30, 2014 and amends that certain EMPLOYMENT AGREEMENT by and between Swisher Hygiene, Inc., a Delaware corporation (the “Company”) and Thomas Byrne (“Executive”) entered into as of October 16, 2013.
VENDOR AGREEMENTVendor Agreement • January 31st, 2011 • Swisher Hygiene Inc. • Services-to dwellings & other buildings • North Carolina
This Vendor Agreement (“Agreement”) is made this 25th day of July, 2008, between Swisher Hygiene Franchise Corp. with its principal business address at 4725 Piedmont Row Drive, Suite 400, Charlotte, North Carolina 28210 (“Swisher”) and Intercon Chemical Company, with its principal business address at 1100 Central Industrial Drive, St. Louis, MO 63110 (“Intercon”). In consideration of the mutual covenants contained herein, Intercon will sell and Swisher will purchase the products at the price listed in Exhibit I attached hereto and incorporated herein (“Product”) upon the following terms and conditions:
OMNIBUS AMENDMENT AGREEMENT, LIMITED CONSENT AND WAIVEROmnibus Amendment Agreement • November 9th, 2010 • Swisher Hygiene Inc. • North Carolina
THIS OMNIBUS AMENDMENT AGREEMENT, LIMITED CONSENT AND WAIVER (this “Amendment”) is made and entered into as of August 13, 2010, by and between SWISHER INTERNATIONAL, INC., a Nevada corporation (“Swisher”), HB SERVICE, LLC, a Delaware limited liability company (“HB Service”), WELLS FARGO BANK, NATIONAL ASSOCIATION (as successor by merger to Wachovia Bank, National Association) (the “Bank”) and the other Persons party hereto.
CONFIDENTIAL SEPARATION AGREEMENT AND RELEASEConfidential Separation Agreement and Release • May 12th, 2014 • Swisher Hygiene Inc. • Services-to dwellings & other buildings
This Confidential Separation Agreement and Release (hereafter “Agreement”) is entered into between Thomas E. Aucamp (hereafter “Employee”) and Swisher Hygiene Inc., its subsidiaries, affiliates and related companies (hereafter “Swisher”).
VOTING AND SUPPORT AGREEMENTVoting and Support Agreement • August 13th, 2015 • Swisher Hygiene Inc. • Soap, detergents, cleang preparations, perfumes, cosmetics • Delaware
This VOTING AND SUPPORT AGREEMENT (this “Agreement”), dated as of August 12, 2015, is entered into by and among Ecolab Inc., a Delaware corporation (“Buyer”), and each of the stockholders of Seller (as defined herein) set forth on the signature pages hereto (each, a “Stockholder,” and collectively, the “Stockholders”). Capitalized terms used but not defined herein have the meanings assigned to them in the Purchase Agreement, dated as of the date of this Agreement (the “Purchase Agreement”), by and between Buyer and Swisher Hygiene Inc., a Delaware corporation (“Seller”).
CONSULTING AGREEMENTConsulting Agreement • April 7th, 2016 • Swisher Hygiene Inc. • Soap, detergents, cleang preparations, perfumes, cosmetics • Florida
This CONSULTING AGREEMENT (this “Agreement”) is entered into as of the 1st day of April, 2016 by and between Swisher Hygiene Inc., a Delaware corporation (“Swisher” or the “Company”) and Albert J. Detz, an individual residing in the State of Florida (“Consultant”).
UNCONDITIONAL GUARANTY [HUIZENGA]Unconditional Guaranty • November 9th, 2010 • Swisher Hygiene Inc.
STOCK PURCHASE AGREEMENT BY AND BETWEEN SWISHER HYGIENE INC., AND WASTE SERVICES OF FLORIDA, INC., November 15, 2012Stock Purchase Agreement • November 16th, 2012 • Swisher Hygiene Inc. • Services-to dwellings & other buildings • Florida
THIS STOCK PURCHASE AGREEMENT (this “Agreement”) dated as of November 15, 2012 is by and between Swisher Hygiene Inc., a Delaware corporation (“Seller”), and Waste Services of Florida, Inc., a Delaware corporation (“Purchaser”). Seller and Purchaser are sometimes referred to herein collectively as the “Parties” and each individually as a “Party.” Capitalized terms used herein and not otherwise defined shall have the meanings set forth in ARTICLE VIII hereof.
AMENDMENT TO MASTER LOAN AND SECURITY AGREEMENTMaster Loan and Security Agreement • August 18th, 2011 • Swisher Hygiene Inc. • Services-to dwellings & other buildings
This Amendment to Master Loan and Security Agreement (this “Amendment”), dated as of August 12, 2011, is made and entered into by and between General Electric Capital Corporation (“Lender”) and Choice Environmental Services, Inc. (“Debtor”).
VENDOR AGREEMENTVendor Agreement • January 11th, 2011 • Swisher Hygiene Inc. • Services-to dwellings & other buildings • North Carolina
This Vendor Agreement (“Agreement”) is made this 25th day of July, 2008, between Swisher Hygiene Franchise Corp. with its principal business address at 4725 Piedmont Row Drive, Suite 400, Charlotte, North Carolina 28210 (“Swisher”) and Intercon Chemical Company, with its principal business address at 1100 Central Industrial Drive, St. Louis, MO 63110 (“Intercon”). In consideration of the mutual covenants contained herein, Intercon will sell and Swisher will purchase the products at the price listed in Exhibit I attached hereto and incorporated herein (“Product”) upon the following terms and conditions:
