0001047469-98-026893 Sample Contracts

ARTICLE IV. REPRESENTATIONS AND WARRANTIES
Asset Purchase Agreement • July 10th, 1998 • KMG B Inc • Chemicals & allied products • New York
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TERM LOAN AGREEMENT
Term Loan Agreement • July 10th, 1998 • KMG B Inc • Chemicals & allied products • Alabama
FOURTH AMENDMENT TO REVOLVING LOAN AGREEMENT
Revolving Loan Agreement • July 10th, 1998 • KMG B Inc • Chemicals & allied products
Attention: General Manager, Carbon Materials & Technologies RE: PERFORMANCE GUARANTEE - KMG-BERNUTH, INC.
Performance Guarantee • July 10th, 1998 • KMG B Inc • Chemicals & allied products

In consideration of good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, including but not limited to the agreement between you and KMG-Bernuth, Inc., our wholly-owned subsidiary ("KMG-Bernuth"), pursuant to the Creosote Supply Agreement dated as of June 30, 1998 (the "Supply Agreement"), to sell Creosote (as defined in the Supply Agreement) to KMG-Bernuth, the undersigned, irrevocably and unconditionally guarantees the performance, as and when due, to the fullest extent permitted by applicable law, of all obligations to be performed by KMG-Bernuth pursuant to the Supply Agreement (the "Guarantee").

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