LIEN SUBORDINATION AND INTERCREDITOR AGREEMENT dated as of December 17, 2009, among BANK OF AMERICA, N.A., as Collateral Agent, NORTEK, INC. and the Subsidiaries of Nortek, Inc. named hereinLien Subordination and Intercreditor Agreement • April 15th, 2010 • Nortek Inc • Electric housewares & fans • New York
LIEN SUBORDINATION AND INTERCREDITOR AGREEMENT dated as of December 17, 2009, among BANK OF AMERICA, N.A., as collateral agent for the Revolving Facility Secured Parties referred to herein, U.S. BANK NATIONAL ASSOCIATION, as trustee under the Indenture referred to herein and as collateral agent for the Noteholder Secured Parties referred to herein, NORTEK, INC. and the subsidiaries of Nortek, Inc. named herein.
PRELIMINARY STATEMENTSu.s. Security Agreement • April 15th, 2010 • Nortek Inc • Electric housewares & fans • New York
AMENDMENT TO AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • April 15th, 2010 • Nortek Inc • Electric housewares & fans • Rhode Island
This Amendment is made and entered into this 17th day of December, 2009 by and between NORTEK, INC. (“Employer”) and Almon C. Hall, III (“Employee”):
NORTEK, INC., NORTEK HOLDINGS, INC. and ALMON C. HALL, III AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • April 15th, 2010 • Nortek Inc • Electric housewares & fans • Rhode Island
This EMPLOYMENT AGREEMENT (this “Agreement”) among NORTEK, INC., a Delaware corporation (“Nortek”), NORTEK HOLDINGS, INC., a Delaware corporation (“Nortek Holdings”) (Nortek and Nortek Holdings, collectively referred to hereinafter as “Employer”), and Almon C. Hall, III, a resident of Rhode Island (hereinafter called “Employee”), amends and restates that certain Employment Agreement among Nortek, Prior Holdings (as defined below) and Employee dated as of January 9, 2003 (the “Prior Agreement”).
Nortek, Inc. 2009 OMNIBUS INCENTIVE PLAN Form of Incentive Stock Option AgreementIncentive Stock Option Agreement • April 15th, 2010 • Nortek Inc • Electric housewares & fans • Delaware
WARRANT AGREEMENT between NORTEK, INC. AS ISSUER and U.S. BANK NATIONAL ASSOCIATION AS WARRANT AGENT December 17, 2009Warrant Agreement • April 15th, 2010 • Nortek Inc • Electric housewares & fans • Delaware
This WARRANT AGREEMENT (this “Agreement”) is dated as of December 17, 2009, between Nortek, Inc., a Delaware corporation, as issuer (the “Company”) and U.S. Bank National Association, a national association, as warrant agent (the “Warrant Agent”).
COLLATERAL AGREEMENT dated as of December 17, 2009 among NORTEK, INC. the GUARANTORS named herein and U.S. BANK NATIONAL ASSOCIATION, as Collateral AgentCollateral Agreement • April 15th, 2010 • Nortek Inc • Electric housewares & fans • New York
COLLATERAL AGREEMENT, dated as of December [•], 2009 (as amended, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”), made by NORTEK, INC., a Delaware corporation (the “Issuer”), the GUARANTORS listed on the signature pages hereof and the Additional Grantors (as hereinafter defined) (the Issuer, the Guarantors so listed and the Additional Grantors being, collectively, the “Grantors”), to U.S. BANK NATIONAL ASSOCIATION, as Collateral Agent (in such capacity, together with any successor collateral agent, the “Collateral Agent”) for the Secured Parties.
Nortek, Inc. 2009 OMNIBUS INCENTIVE PLAN Restricted Stock AgreementRestricted Stock Agreement • April 15th, 2010 • Nortek Inc • Electric housewares & fans • Delaware
REGISTRATION RIGHTS AGREEMENT by and among NORTEK, INC. and THE HOLDERS NAMED HEREIN Dated as of December 17, 2009Registration Rights Agreement • April 15th, 2010 • Nortek Inc • Electric housewares & fans
This Registration Rights Agreement (this “Agreement”), dated as of December 17, 2009, by and among Nortek, Inc., a Delaware corporation (the “Company”), and the Holders (as hereinafter defined) of Common Stock (as hereinafter defined) issued by the Company on the effective date of the Prepackaged Plans (as hereinafter defined) who agree to be or otherwise are bound by the terms hereof, including any Additional Holders (as hereinafter defined) who subsequently become parties to this Agreement.
NORTEK, INC., the GUARANTORS named herein and U.S. BANK NATIONAL ASSOCIATION as Trustee and Collateral Agent INDENTURE Dated as of December 17, 2009 11% Senior Secured Notes due 2013Indenture • April 15th, 2010 • Nortek Inc • Electric housewares & fans • New York
INDENTURE dated as of December 17, 2009, by and among NORTEK, INC., a Delaware corporation (the “Issuer”), as Issuer, the Guarantors party hereto and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee”) and collateral agent (the “Collateral Agent”).
NORTEK, INC., NORTEK HOLDINGS, INC. and RICHARD L. BREADY AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • April 15th, 2010 • Nortek Inc • Electric housewares & fans • Rhode Island
This EMPLOYMENT AGREEMENT (this “Agreement”) among NORTEK, INC, a Delaware corporation (“Nortek”), NORTEK HOLDINGS, INC., a Delaware corporation (“Nortek Holdings”) (Nortek and Nortek Holdings, collectively being referred to hereinafter as “Employer”), and Richard L. Bready, a resident of Rhode Island (hereinafter called “Employee”), amends and restates that certain Employment Agreement among Nortek, Prior Holdings (as defined below) and Employee dated as of January 9, 2003 (the “Prior Agreement”).
Nortek, Inc. 2009 OMNIBUS INCENTIVE PLAN Form of Nonqualified Stock Option AgreementNonqualified Stock Option Agreement • April 15th, 2010 • Nortek Inc • Electric housewares & fans • Delaware
AMENDMENT TO AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • April 15th, 2010 • Nortek Inc • Electric housewares & fans • Rhode Island
This Amendment is made and entered into this 17th day of December, 2009 by and between NORTEK, INC. (“Employer”) and Richard L. Bready (“Employee”):
JOINDER AND AMENDMENT AGREEMENTJoinder and Amendment Agreement • April 15th, 2010 • Nortek Inc • Electric housewares & fans • New York
JOINDER AND AMENDMENT AGREEMENT (this “Agreement”) dated as of March 30, 2010, by and among NORTEK, INC. (the “Specified U.S. Borrower”), the other Loan Parties party hereto, the Persons providing the Commitment Increase (as defined in the Credit Agreement referred to below) party hereto (collectively, the “Commitment Increase Lenders”) and BANK OF AMERICA, N.A., as Administrative Agent for the Lenders, U.S. L/C Issuer and U.S. Swing Line Lender.
INDEMNIFICATION AGREEMENTIndemnification Agreement • April 15th, 2010 • Nortek Inc • Electric housewares & fans • Delaware
This Agreement, made and entered into this ___day of March, 1997, (“Agreement”), by and between Nortek, Inc., a Delaware corporation (the “Company”, which term shall include any one or more of its subsidiaries where appropriate), and ___(Indemnitee);
