FIRST AMENDMENT TO AMENDED AND RESTATED STOCK PURCHASE AGREEMENT AND SETTLEMENT AGREEMENTStock Purchase Agreement and Settlement Agreement • September 24th, 2004 • Waste Services, Inc. • Refuse systems • Illinois
This First Amendment to Amended and Restated Stock Purchase Agreement and Settlement Agreement (this "Settlement Agreement") is entered effective as of September 24, 2004 by and among Waste Services (CA), Inc. (f/k/a Capital Environmental Resource, Inc.), an Ontario (Canada) corporation ("Buyer Parent"), Waste Services, Inc., a Delaware corporation ("Buyer"), Waste Services of Florida, Inc., a Delaware corporation and wholly-owned subsidiary of Buyer ("Buyer Sub"), Frank Ward, Sr., Larry Henk, Frank Ward, Jr. Irrevocable Trust, George Ward Irrevocable Trust, Victoria Camalick Irrevocable Trust, Cynthia Fifer Irrevocable Trust, Robert Ward Irrevocable Trust and Matthew J. Carmody Irrevocable Trust (each a "Seller" and together the "Seller Parties"), and George Ward, Frank Ward, Jr., Victoria Camalick, Cynthia Fifer, Robert Ward and Matthew Carmody (each a "Trust "Beneficiary" and together the "Trust Beneficiaries"), Florida Recycling Services, Inc., an Illinois corporation ("FRS"), and
