TRANSITION SERVICES AGREEMENTTransition Services Agreement • January 7th, 2008 • KMG Chemicals Inc • Chemicals & allied products • Texas
This TRANSITION SERVICES AGREEMENT (this “Agreement”) effective as of January 1, 2008, is entered into by and between AIR PRODUCTS AND CHEMICALS, INC., a Delaware corporation (“Air Products”), and KMG CHEMICALS, INC., a Delaware corporation (“KMG”).
AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • January 7th, 2008 • KMG Chemicals Inc • Chemicals & allied products • Alabama
THIS AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) dated as of December 31, 2007, is made by and among KMG CHEMICALS, INC., a Texas corporation (“KMG Chemicals”), KMG-BERNUTH, INC., a Delaware corporation (“KMG-Bernuth”), KMG ELECTRONIC CHEMICALS, INC., a Texas corporation (“KMG ECI”) (KMG Chemicals, KMG-Bernuth and KMG ECI hereinafter referred to as the “Borrowers”), WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, as Agent (the “Agent”) and as Collateral Agent (the “Collateral Agent”), those lenders executing this Agreement as Lenders, and such other lenders as may become a party hereto (collectively, the “Lenders”). As used herein, capitalized words and phrases shall have the meanings ascribed thereto in Section 1.2 of this Agreement.
CUSTOM MANUFACTURE AGREEMENTCustom Manufacture Agreement • January 7th, 2008 • KMG Chemicals Inc • Chemicals & allied products • New York
This is a Custom Manufacture Agreement effective as of January 1, 2008, by and between AIR PRODUCTS AND CHEMICALS, INC., having its principal place of business located in Allentown, Pennsylvania (“APCI”) and KMG ELECTRONIC CHEMICALS, INC. (“CUSTOMER”), having its principal place of business located in Houston, Texas.
KMG CHEMICALS, INC., KMG-BERNUTH, INC., and KMG ELECTRONIC CHEMICALS, INC. 7.43% Senior Secured Notes due December 31, 2014Note Purchase Agreement • January 7th, 2008 • KMG Chemicals Inc • Chemicals & allied products • New York
KMG CHEMICALS, INC., a Texas corporation (“KMG Chemicals”), KMG-BERNUTH, INC., a Delaware corporation (“KMG-Bernuth”), and KMG ELECTRONIC CHEMICALS, INC., a Texas corporation (“KMG ECI” and, together with KMG Chemicals and KMG-Bernuth, collectively, the “Companies” and each, individually, a “Company”), each agrees with each of the purchasers whose names appear at the end hereof (each, a “Purchaser” and, collectively, the “Purchasers”) as follows:
