AMENDMENT NO. 1Five-Year Credit Agreement • November 7th, 2013 • Harsco Corp • Fabricated structural metal products • New York
AMENDMENT NO. 1 TO AMENDED AND RESTATED FIVE-YEAR CREDIT AGREEMENT (this “Amendment”), dated as of September 12, 2013, among HARSCO CORPORATION, a Delaware corporation, as Borrower (the “Company”), the Lenders party hereto and CITIBANK, N.A., as Administrative Agent.
RETENTION AND SEVERANCE AGREEMENTRetention and Severance Agreement • November 7th, 2013 • Harsco Corp • Fabricated structural metal products • Delaware
THIS RETENTION AND SEVERANCE AGREEMENT (the “Agreement”) made as of this 27th day of October, 2013, by and between Harsco Corporation (the “Company”) and Mark Kimmel (the “Executive”) sets forth the terms of the Executive’s Retention Bonuses, Transaction Payments and Benefits, and Severance Amount as set forth in the Harsco Infrastructure Executive Retention Plan (the “Plan”), as well as certain other terms and conditions with respect to such benefits. For the purpose of this Agreement, unless otherwise indicated, all capitalized terms in this Agreement shall have the definition ascribed to them in the Plan.
PURCHASE AGREEMENT among HARSCO CORPORATION ON BEHALF OF ITSELF And the other Sellers NAMED HereIN, BULLSEYE, INC. ON BEHALF OF ITSELF AND THE OTHER BUYERS NAMED HEREIN, BULLSEYE INVESTORS, INC. andPurchase Agreement • November 7th, 2013 • Harsco Corp • Fabricated structural metal products • New York
This PURCHASE AGREEMENT (this “Agreement”), dated as of September 15, 2013, is entered into by and among Harsco Corporation, a Delaware corporation (“Harsco”), on behalf of itself, the stock sellers set forth on Exhibit A (collectively, the “Stock Sellers”) and the asset sellers set forth on Exhibit B (collectively, the “Asset Sellers” and, together with the Stock Sellers and Harsco, the “Sellers”), Bullseye, Inc., a Delaware corporation (“Buyer”), on behalf of itself, the stock buyers set forth on Exhibit A (collectively, the “Stock Buyers”) and the asset buyers set forth on Exhibit B (collectively, the “Asset Buyers” and, together with the Stock Buyers and Buyer, the “Buyers”), Bullseye Investors, Inc., a Delaware corporation (the “Company”), and CD&R Bullseye Holdings, L.P., a Delaware limited partnership (“CD&R Investor” and, together with Buyer, the Company and Harsco, the “Parties”).
