EQUITY EXCHANGE AGREEMENTEquity Exchange Agreement • March 11th, 2008 • Heritage-Crystal Clean, Inc. • Sanitary services • Illinois
This EQUITY EXCHANGE AGREEMENT (this “Agreement”) is entered into this ___day of March, 2008 (the “Exchange Effective Date”), by and among Heritage-Crystal Clean, Inc., a Delaware corporation (“HCC Inc.”), Heritage-Crystal Clean, LLC, an Indiana limited liability company (“HCC LLC”), and each of the members of HCC LLC. Each member of HCC LLC, other than BRS-HCC Investment Co., Inc. (“BRS-HCC”), are sometimes referred to in this agreement individually as a “Contributor,” and collectively as the “Contributors.” The Contributors are listed on Schedule A hereto.
AGREEMENT AND AMENDMENT NO. 7 TO RESTATED OPERATING AGREEMENTOperating Agreement • March 11th, 2008 • Heritage-Crystal Clean, Inc. • Sanitary services
This Agreement and Amendment No. 7 (this “Amendment No. 7”) to the Restated Operating Agreement dated October 26, 2004, as amended October 26, 2004, December 10, 2004, February 16, 2006, February 28, 2006, February 14, 2007 and December 28, 2007 (the “Operating Agreement”), of HERITAGE-CRYSTAL CLEAN, LLC, a limited liability company organized pursuant to the Indiana Business Flexibility Act, I.C. §23-18-1, et seq. (the “Company”) is effective as of the ___th day of March, 2008 (the “Amendment No. 7 Effective Date”).
