THIRD AMENDED AND RESTATED CREDIT AGREEMENT Dated as of May 31, 2011 among CLEAN HARBORS, INC. as the U.S. Borrower, CLEAN HARBORS INDUSTRIAL SERVICES CANADA, INC., as the Canadian Borrower, BANK OF AMERICA, N.A., as Administrative Agent and The Other...Credit Agreement • June 3rd, 2011 • Clean Harbors Inc • Hazardous waste management • New York
This THIRD AMENDED AND RESTATED CREDIT AGREEMENT (“Agreement”) is entered into as of May 31, 2011, among CLEAN HARBORS, INC., a Massachusetts corporation (the “U.S. Borrower”), CLEAN HARBORS INDUSTRIAL SERVICES CANADA, INC., an Alberta corporation (the “Canadian Borrower” and, together with the U.S. Borrower, the “Borrowers”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and BANK OF AMERICA, N.A., as Administrative Agent (in such capacity, together with its successors and assigns appointed pursuant to Section 12.8, the “Agent”).
SECURITY AGREEMENT (CANADIAN DOMICILED LOAN PARTIES)Security Agreement • June 3rd, 2011 • Clean Harbors Inc • Hazardous waste management • Ontario
THIS SECURITY AGREEMENT (CANADIAN DOMICILED LOAN PARTIES) dated as of May 31, 2011 (this “Security Agreement”), among CLEAN HARBORS INDUSTRIAL SERVICES CANADA, INC., an Alberta corporation (the “Canadian Borrower”), each of the Canadian Subsidiaries (as defined in the Credit Agreement, as defined below) listed on Annex A hereto or that becomes a party hereto pursuant to Section 8.13 hereof (each such subsidiary being a “Subsidiary Grantor” and, collectively, the “Subsidiary Grantors”; the Subsidiary Grantors and the Canadian Borrower are referred to collectively as the “Grantors”), and BANK OF AMERICA, N.A., as administrative agent (hereinafter, in such capacity together with its successors and assigns, the “Agent”) under the Credit Agreement referred to below.
REAFFIRMATION OF INTERCREDITOR AGREEMENTIntercreditor Agreement • June 3rd, 2011 • Clean Harbors Inc • Hazardous waste management
THIS REAFFIRMATION OF INTERCREDITOR AGREEMENT (this “Reaffirmation”) is dated as of May 31, 2011, by and among: (a) CLEAN HARBORS, INC., a Massachusetts corporation (“Clean Harbors”), and the Subsidiaries of Clean Harbors that are organized under the laws of a state of the United States or the District of Columbia and are party to the Loan Documents (as defined in the Restated Credit Agreement referred to below) from time to time (together with Clean Harbors, the “U.S. Facility Loan Parties” and each a “U.S. Facility Loan Party”); (b) U.S. BANK NATIONAL ASSOCIATION, in its capacity as the Senior Secured Notes Agent under the Intercreditor Agreement referred to below; and (c) BANK OF AMERICA, N.A., as administrative agent (in such capacity, the “Agent”) under the Restated Credit Agreement referred to below.
GUARANTEE (CANADIAN DOMICILED LOAN PARTIES — CANADIAN FACILITY OBLIGATIONS)Guarantee • June 3rd, 2011 • Clean Harbors Inc • Hazardous waste management • Ontario
GUARANTEE (CANADIAN DOMICILED LOAN PARTIES — CANADIAN FACILITY OBLIGATIONS) (“Guarantee”) dated as of May 31, 2011, by each Canadian Domiciled Loan Party signatory hereto (collectively, the “Guarantors”, and individually, a “Guarantor”) in favor of (i) Bank of America, N.A., as administrative agent (hereinafter, in such capacity together with its successors and assigns, the “Agent”) for itself and the Canadian Facility Secured Parties, including the other lending institutions (hereinafter, collectively, the “Lenders”) which are or may become parties to that certain Third Amended and Restated Credit Agreement dated as of the date hereof (as amended, restated, or otherwise modified and in effect from time to time, the “Credit Agreement”), among Clean Harbors, Inc., a Massachusetts corporation (the “U.S. Borrower”), Clean Harbors Industrial Services Canada, Inc., an Alberta corporation (the “Canadian Borrower” and, together with the U.S. Borrower, the “Borrowers”), the Lenders, and the Ag
GUARANTEE (U.S. DOMICILED LOAN PARTIES — U.S. FACILITY OBLIGATIONS)Guarantee • June 3rd, 2011 • Clean Harbors Inc • Hazardous waste management • New York
GUARANTEE (U.S. DOMICILED LOAN PARTIES — U.S. FACILITY OBLIGATIONS) (“Guarantee”) dated as of May 31, 2011, by the U.S. Domiciled Loan Parties signatory hereto (collectively, the “Guarantors”, and individually, a “Guarantor”) in favor of (i) Bank of America, N.A., as administrative agent (hereinafter, in such capacity together with its successors and assigns, the “Agent”) for itself and the U.S. Facility Secured Parties, including the other lending institutions (hereinafter, collectively, the “Lenders”) which are or may become parties to that certain Third Amended and Restated Credit Agreement dated as of the date hereof (as amended, restated, or otherwise modified and in effect from time to time, the “Credit Agreement”), among Clean Harbors, Inc., a Massachusetts corporation (the “U.S. Borrower”), Clean Harbors Industrial Services Canada, Inc., an Alberta corporation (the “Canadian Borrower” and, together with the U.S. Borrower, the “Borrowers”), the Lenders, and the Agent and (ii) ea
GUARANTEE (U.S. DOMICILED LOAN PARTIES — CANADIAN FACILITY OBLIGATIONS)Guarantee • June 3rd, 2011 • Clean Harbors Inc • Hazardous waste management • New York
GUARANTEE (U.S. DOMICILED LOAN PARTIES — CANADIAN FACILITY OBLIGATIONS) (“Guarantee”) dated as of May 31, 2011, by the U.S. Domiciled Loan Parties signatory hereto (collectively, the “Guarantors”, and individually, a “Guarantor”) in favor of (i) Bank of America, N.A., as administrative agent (hereinafter, in such capacity together with its successors and assigns, the “Agent”) for itself and the Canadian Facility Secured Parties, including the other lending institutions (hereinafter, collectively, the “Lenders”) which are or may become parties to that certain Third Amended and Restated Credit Agreement dated as of the date hereof (as amended, restated, or otherwise modified and in effect from time to time, the “Credit Agreement”), among Clean Harbors, Inc., a Massachusetts corporation (the “U.S. Borrower”), Clean Harbors Industrial Services Canada, Inc., an Alberta corporation (the “Canadian Borrower” and, together with the U.S. Borrower, the “Borrowers”), the Lenders, and the Agent and
