LOAN AND SECURITY AGREEMENT between NEW STREAM COMMERCIAL FINANCE, LLC as Lender and AYIN TOWER MANAGEMENT SERVICES, INC. as Borrower Dated: November 8, 2006Loan and Security Agreement • November 17th, 2006 • Charys Holding Co Inc • Services-personal services • Connecticut
This LOAN AND SECURITY AGREEMENT is dated as of November 8, 2006, and agreed to by and between AYIN TOWER MANAGEMENT SERVICES, INC., a Delaware corporation (“Borrower”), and NEW STREAM COMMERCIAL FINANCE, LLC, a Delaware limited liability company (“Lender”).
REVOLVING CREDIT NOTERevolving Credit Note • November 17th, 2006 • Charys Holding Co Inc • Services-personal services
This Revolving Note (a) is the Revolving Credit Note issued pursuant to that certain Loan and Security Agreement dated as of the date hereof by and among Borrower, Lender and the other Persons signatory thereto from time to time as Credit Parties (including all annexes, exhibits and schedules thereto, and as from time to time amended, restated, supplemented or otherwise modified, the “Loan Agreement”), and (b) is entitled to the benefit and security of the Loan Agreement and all of the other Loan Documents referred to therein. Reference is hereby made to the Loan Agreement for a statement of all of the terms and conditions under which the Loans evidenced hereby are made and are to be repaid. The date and amount of each Revolving Credit Advance made by Lender to Borrower, the rates of interest applicable thereto and each payment made on account of the principal thereof, shall be recorded by Lender on its books; provided that the failure of Lender to make any such recordation shall not a
ContractWarrant Agreement • November 17th, 2006 • Charys Holding Co Inc • Services-personal services • Delaware
THIS WARRANT WAS ORIGINALLY ISSUED ON NOVEMBER 8, 2006, AND SUCH ISSUANCE WAS NOT REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY COMPARABLE STATE SECURITIES LAWS. NEITHER THIS WARRANT NOR ANY OF THE SECURITIES ISSUABLE UPON EXERCISE HEREOF MAY BE SOLD, ASSIGNED, TRANSFERRED, PLEDGED OR OTHERWISE DISPOSED OF UNLESS THE SAME IS REGISTERED UNDER SAID ACT AND APPLICABLE STATE SECURITIES LAWS OR UNLESS AN EXEMPTION FROM SUCH REGISTRATION IS AVAILABLE AND THE COMPANY HAS RECEIVED EVIDENCE OF SUCH EXEMPTION REASONABLY SATISFACTORY TO IT.
STOCK PLEDGE, HYPOTHECATION AND SECURITY AGREEMENTStock Pledge, Hypothecation and Security Agreement • November 17th, 2006 • Charys Holding Co Inc • Services-personal services • Connecticut
This STOCK PLEDGE, HYPOTHECATION AND SECURITY AGREEMENT, dated as of November 8, 2006 (together with all amendments, if any, from time to time hereto, this “Agreement”) between AYIN HOLDING COMPANY, INC., a Delaware corporation (the “Pledgor”) and NEW STREAM COMMERCIAL FINANCE, LLC, a Delaware limited liability company (“Pledgee”).
