SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • October 12th, 2007 • Ohio Plastics, LLC • Special industry machinery, nec • Delaware
This SECURITIES PURCHASE AGREEMENT (this “Agreement”) is made as of October 2, 2007, by and among Ohio Plastics, LLC., a Delaware limited liability company (“Purchaser”), and Glencore Finance AG, a corporation formed under the laws of Switzerland (the “Seller”). Except as otherwise indicated herein, capitalized terms used herein are defined in Section 6 hereof.
Acknowledgement of Restrictions October 2, 2007Ohio Plastics, LLC • October 12th, 2007 • Special industry machinery, nec
By their execution of this document, Glencore Finance AG (“Glencore”) and Ohio Plastics, LLC (the “Transferee”) hereby acknowledge and agree that the shares of 6% Series B Convertible Preferred Stock of the Company to be transferred by Glencore to the Transferee are subject to certain voting restrictions and an irrevocable proxy set forth in the Voting Agreement dated as of October 2, 2007 by and among the Company and Glencore, a copy of which is attached hereto and incorporated herein by reference.
Joint Filing AgreementJoint Filing Agreement • October 12th, 2007 • Ohio Plastics, LLC • Special industry machinery, nec
This Joint Filing Agreement may be executed in one more counterparts, each of which shall be deemed to be an original instrument, but all of such counterparts together shall constitute but one agreement.
