HAYWARD HOLDINGS, INC. (a Delaware corporation) [●] Shares of Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • March 3rd, 2021 • Hayward Holdings, Inc. • Refrigeration & service industry machinery • New York
INDEMNIFICATION AGREEMENTIndemnification Agreement • March 3rd, 2021 • Hayward Holdings, Inc. • Refrigeration & service industry machinery
This Indemnification Agreement (this “Agreement”) is made and entered into as of [●], 2021, by and among Hayward Holdings, Inc., a Delaware corporation (the “Company”), and [NAME OF DIRECTOR/OFFICER] (“Indemnitee”).
EMPLOYMENT AGREEMENTEmployment Agreement • March 3rd, 2021 • Hayward Holdings, Inc. • Refrigeration & service industry machinery • New Jersey
This Employment Agreement (the “Agreement”) is entered into effective immediately following the Effective Time (as hereinafter defined) by and among Hayward Industries, Inc. (the “Company”), Hayward Holdings, Inc. (the “Parent”) and Anthony P. Colucci (the “Executive”) (the Company, the Parent and the Executive, individually, a “Party” and, collectively, the “Parties”). (Hereinafter the Company and the Parent together may be referred to as the “Companies.”)
Hayward Holdings, Inc. 2021 Equity Incentive Plan Non-Statutory Stock Option AgreementNon-Statutory Stock Option Agreement • March 3rd, 2021 • Hayward Holdings, Inc. • Refrigeration & service industry machinery
This agreement (this “Agreement”) evidences a stock option granted by Hayward Holdings, Inc., a Delaware corporation (the “Company”), to the individual named above (the “Participant”), pursuant to and subject to the terms of the Hayward Holdings, Inc. 2021 Equity Incentive Plan (as from time to time amended and in effect, the “Plan”). Except as otherwise defined herein, all capitalized terms used herein have the same meaning as in the Plan.
HAYWARD HOLDINGS, INC. AMENDED AND RESTATED STOCKHOLDERS’ AGREEMENT DATED AS OF March [●], 2021Stockholders’ Agreement • March 3rd, 2021 • Hayward Holdings, Inc. • Refrigeration & service industry machinery • Delaware
AMENDED AND RESTATED STOCKHOLDERS’ AGREEMENT dated as of March [●], 2021 (as amended, modified, supplemented or restated from time to time, this “Agreement”), by and among (i) HAYWARD HOLDINGS, INC., a Delaware corporation (the “Company”), (ii) CCMP CAPITAL INVESTORS III, L.P., a Delaware limited partnership (“CCMP III”), (iii) CCMP CAPITAL INVESTORS III (EMPLOYEE), L.P., a Delaware limited partnership (“CCMP-E III”), (iv) MSD AQUA PARTNERS, LLC, a Delaware limited liability company (“MSD”), (v) PE16PX ROCKY MOUNTAIN LTD., an Alberta corporation (“AIMCo PX”), (vi) PE16GV ROCKY MOUNTAIN LTD., an Alberta corporation (“AIMCo GV”), and (vii) such persons designated as “Other Stockholders” or “Management Stockholders” under the Original Agreement (as defined below), and any other Person signatory hereto from time to time.
Hayward Holdings, Inc. 2021 Equity Incentive Plan Restricted Stock Unit AgreementRestricted Stock Unit Agreement • March 3rd, 2021 • Hayward Holdings, Inc. • Refrigeration & service industry machinery
This agreement (this “Agreement”) evidences a grant (the “Award”) of Restricted Stock Units (“RSUs”) by Hayward Holdings, Inc., a Delaware corporation (the “Company”), to the individual named above (the “Participant”), pursuant to and subject to the terms of the Hayward Holdings, Inc. 2021 Equity Incentive Plan (as from time to time amended and in effect, the “Plan”). Except as otherwise defined herein, all capitalized terms used herein have the same meaning as in the Plan.
Amended and restated EMPLOYMENT AGREEMENTEmployment Agreement • March 3rd, 2021 • Hayward Holdings, Inc. • Refrigeration & service industry machinery • New Jersey
This Amended and Restated Employment Agreement (the “Agreement”) is made and entered into as of March 2, 2021 by and among Hayward Industries, Inc. (the “Company”), Hayward Holdings, Inc. (the “Parent”) and Rick Roetken (the “Executive”) (the Company, the Parent and the Executive, individually, a “Party” and, collectively, the “Parties”) and is effective as of the day prior to the date on which the Parent becomes subject to the reporting obligations of Section 12 of the Securities Exchange Act of 1934, as amended (the “Effective Date”). (Hereinafter the Company and the Parent together may be referred to as the “Companies.”) This Agreement amends and restates in its entirety the employment agreement by and among the Company, the Parent, and the Executive, effective as of August 4, 2017, as revised on August 8, 2018 (the “Prior Agreement”).
EXECUTIVE PLAN BASIC PLAN DOCUMENT CORPORATEplan for Retirement EXECUTIVE BASIC PLAN DOCUMENTHayward Holdings, Inc. • March 3rd, 2021 • Refrigeration & service industry machinery • Massachusetts
