FINANCING AGREEMENT Dated as of November 30, 2018 by and amongFinancing Agreement • December 4th, 2018 • Hc2 Holdings, Inc. • Fabricated structural metal products
Financing Agreement, dated as of November 30, 2018, by and among DBM Global Inc., a Delaware corporation ("DBM" or the “Company”), each subsidiary of DBM listed as a "Borrower" on the signature pages hereto (together with DBM and each other Person that executes a joinder agreement and becomes a "Borrower" hereunder, each a "Borrower" and collectively, the "Borrowers"), each subsidiary of DBM listed as a "Guarantor" on the signature pages hereto (together with each other Person that executes a joinder agreement and becomes a "Guarantor" hereunder, each a "Guarantor" and collectively, the "Guarantors"), the lenders from time to time party hereto (each a "Lender" and collectively, the "Lenders"), TCW Asset Management Company LLC ("TCW"), as collateral agent for the Secured Parties (in such capacity, together with its successors and assigns in such capacity, the "Collateral Agent"), and TCW, as administrative agent for the Lenders (in such capacity, together with its successors and assigns
AGREEMENT AND PLAN OF MERGER BY AND AMONG DBM GLOBAL INC., DBM MERGER SUB, INC., CB-HORN HOLDINGS, INC., AND CHARLESBANK EQUITY FUND VI, LIMITED PARTNERSHIP, AS STOCKHOLDERS’ REPRESENTATIVEMerger Agreement • December 4th, 2018 • Hc2 Holdings, Inc. • Fabricated structural metal products • New York
AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of October 10, 2018, by and among DBM Global Inc., a Delaware corporation (“Buyer”), DBM Merger Sub, Inc., a Delaware corporation, and a wholly owned subsidiary of Buyer (“Merger Sub”), CB-Horn Holdings, Inc., a Delaware corporation (the “Company”), and Charlesbank Equity Fund VI, Limited Partnership, a Massachusetts limited partnership, solely in its capacity as representative for the Company’s securityholders (the “Stockholders’ Representative”).
TO AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • December 4th, 2018 • Hc2 Holdings, Inc. • Fabricated structural metal products • Delaware
AMENDMENT NO. 1 TO AGREEMENT AND PLAN OF MERGER (this “Amendment”), dated as of November 29, 2018, by and among DBM Global Inc., a Delaware corporation (“Buyer”), DBM Merger Sub, Inc., a Delaware corporation, and a wholly owned subsidiary of Buyer (“Merger Sub”), CB-Horn Holdings, Inc., a Delaware corporation (the “Company”), and Charlesbank Equity Fund VI, Limited Partnership, a Massachusetts limited partnership, solely in its capacity as representative for the Company’s securityholders (the “Stockholders’ Representative”).
FOURTH AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT Dated as of November 30, 2018Credit and Security Agreement • December 4th, 2018 • Hc2 Holdings, Inc. • Fabricated structural metal products • Arizona
The Borrower and the Lender have entered into Third Amended and Restated Credit and Security Agreement dated as of November 6, 2017, as amended from time to time prior to the date hereof (as so amended, the “Third Amended and Restated Credit Agreement”).
SERIES A SECURITIES PURCHASE AGREEMENT BY AND AMONG DBM GLOBAL INTERMEDIATE HOLDCO INC. AND DBM GLOBAL INC. DATED AS OF NOVEMBER 30, 2018Securities Purchase Agreement • December 4th, 2018 • Hc2 Holdings, Inc. • Fabricated structural metal products • Delaware
This SERIES A SECURITIES PURCHASE AGREEMENT (together with the exhibits hereto, this “Agreement”), dated as of November 30, 2018, is made by and among (i) DBM Global Intermediate Holdco Inc., a Delaware corporation (the “Purchaser”), and (ii) DBM Global Inc., a Delaware corporation (the “Company” and together with the Purchaser and any permitted transferee thereof that becomes a party to this Agreement in accordance with the terms hereof, the “Parties” and each, a “Party”). Capitalized terms used in this Agreement and not otherwise defined shall have the meanings specified in Section 7.1.
