Exclusivity AgreementExclusivity Agreement • December 1st, 2020 • FR Utility Services Merger Sub, Inc. • Water, sewer, pipeline, comm & power line construction
In consideration of the time, effort and expenses to be undertaken by First Reserve XIV Advisors, L.L.C. (“First Reserve”) in connection with the pursuit of a proposed business combination transaction (the “Transaction”) involving The Goldfield Corporation (the “Company”), and other good and valuable consideration the receipt and adequacy of which are hereby acknowledged, First Reserve and the Company agree as follows:
FIRST RESERVE FUND XIV, L.P.Equity Commitment • December 1st, 2020 • FR Utility Services Merger Sub, Inc. • Water, sewer, pipeline, comm & power line construction • Delaware
CONFIDENTIALITY AGREEMENTConfidentiality Agreement • December 1st, 2020 • FR Utility Services Merger Sub, Inc. • Water, sewer, pipeline, comm & power line construction • Delaware
THIS CONFIDENTIALITY AGREEMENT (“Agreement”) is being entered into as of March 2, 2020 between First Reserve XIV Advisors, L.L.C. (the “Counterparty”) and Project Harlan (“Harlan”). The Counterparty and Harlan are referred to collectively as the “Parties” and individually as a “Party.”
LIMITED GUARANTYLimited Guaranty • December 1st, 2020 • FR Utility Services Merger Sub, Inc. • Water, sewer, pipeline, comm & power line construction • Delaware
This LIMITED GUARANTY is dated as of November 23, 2020 (this “Limited Guaranty”) and is by First Reserve Fund XIV, L.P., a Cayman Islands exempted limited partnership (the “Guarantor”), in favor of The Goldfield Corporation, a Delaware corporation (the “Guaranteed Party”). Each capitalized term used and not defined herein shall have the meaning ascribed to it in the Merger Agreement (as defined below).
