ASSET PURCHASE AGREEMENT AMONG WOOD PROTECTION PRODUCTS, INC., KMG-BERNUTH, INC., AND JAMES R. FORSHAW Brackets [****] indicate material subject to request of confidential treatment.Asset Purchase Agreement • December 19th, 2003 • KMG Chemicals Inc • Chemicals & allied products • Texas
SECOND AMENDMENT TO TERM LOAN AGREEMENTTerm Loan Agreement • December 19th, 2003 • KMG Chemicals Inc • Chemicals & allied products
THIS SECOND AMENDMENT TO TERM LOAN AGREEMENT (this “Amendment”) is entered into by and between KMG-BERNUTH, INC., a Delaware corporation (hereinafter referred to as “Borrower”) and SOUTHTRUST BANK, an Alabama banking corporation, successor by conversion to SouthTrust Bank, National Association (hereinafter referred to as “Bank”) as of the 5th day of December, 2003.
TERM NOTE NO. 2Term Note • December 19th, 2003 • KMG Chemicals Inc • Chemicals & allied products • Alabama
FOR VALUE RECEIVED, the undersigned KMG-BERNUTH, INC., a Delaware corporation (hereinafter referred to as “Borrower”), promises to pay to the order of SOUTHTRUST BANK, an Alabama banking corporation (hereinafter, together with any holder of this Note, the “Bank”), at its main office in the City of Birmingham, Alabama, or at such other address as the Bank may from time to time designate in writing, the principal sum of Six Million and No/100 Dollars ($6,000,000.00) or so much as may be advanced hereunder, together with interest thereon and other agreed charges as provided herein.
