FIFTH AMENDMENT TO AMENDED AND RESTATED LOAN AGREEMENT AND AMENDMENT TO LOAN DOCUMENTSLoan Agreement • May 15th, 2009 • PDG Environmental Inc • Hazardous waste management • Pennsylvania
THIS FIFTH AMENDMENT TO AMENDED AND RESTATED LOAN AGREEMENT AND AMENDMENT TO LOAN DOCUMENTS is made and entered into as of May 14, 2009 (“Amendment”) by and among PDG Environmental, Inc., a Delaware corporation (“Parent”), Project Development Group, Inc., a Pennsylvania corporation (“Project”), Enviro-Tech Abatement Services, Co., a North Carolina corporation (“Enviro-Tech”), and PDG, Inc., a Pennsylvania corporation (“PDG”), (Parent, Project, Enviro-Tech and PDG collectively, the “Initial Borrowers”), Flagship Restoration, Inc., a Delaware corporation (“Flagship”), and Servestec, Inc., a Florida corporation (Initial Borrowers, Flagship and Servestec (“Servestec”), collectively, the “Borrowers”) and The Huntington National Bank, successor in interest to Sky Bank (“Bank”).
EXCHANGE AGREEMENTExchange Agreement • May 15th, 2009 • PDG Environmental Inc • Hazardous waste management • Pennsylvania
This EXCHANGE AGREEMENT (this “Agreement”) is entered into as of May 14, 2009, by and among PDG Environmental, Inc. a Delaware corporation (the “Company”), and Radcliffe SPC, Ltd., for and on behalf of the Class A Segregated Portfolio, a company organized under the laws of the Cayman Islands (“Holder”).
ContractSubordinated Secured Note • May 15th, 2009 • PDG Environmental Inc • Hazardous waste management • Pennsylvania
This Subordinated Secured Note is subject to the Subordination and Intercreditor Agreement, dated as of May 14, 2009 (the “Intercreditor Agreement”), among the Company, the Holder and The Huntington National Bank, its successors and assigns (the “Senior Lender”), under which this Note and the Company’s obligations hereunder are subordinated in the manner set forth therein to the prior payment of certain obligations to the holders of Senior Indebtedness as defined therein.
