ASSET PURCHASE AGREEMENTAsset Purchase Agreement • June 7th, 2024 • Hudson Technologies Inc /Ny • Wholesale-machinery, equipment & supplies • New York
Upon the terms and subject to the conditions set forth elsewhere in that certain Asset Purchase Agreement, dated as of May 31, 2024 (the “Agreement”), by and among Hudson Technologies Company (“Buyer”), USA United Suppliers of America, Inc. (“USAR”), B&B Jobber Services, Inc. (“B&B” and, collectively with USAR, “Sellers”), and the individual Equity Holders of Seller listed on the signature pages thereto (each, an “Equity Holder” and, collectively, the “Equity Holders”) of which this Exhibit D is a part, and in partial consideration for the sale of the Purchased Assets pursuant to the Agreement, Buyer will pay, or cause to be paid, to the extent earned, the amounts described in this Exhibit D to Sellers (the “Earnout Payment”) as follows:
FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT AND LIMITED CONSENTCredit Agreement • June 7th, 2024 • Hudson Technologies Inc /Ny • Wholesale-machinery, equipment & supplies • New York
THIS AMENDED AND RESTATED CREDIT AGREEMENT, is entered into as of March 2, 2022 by and among the lenders identified on the signature pages hereof (each of such lenders, together with its successors and permitted assigns, is referred to hereinafter as a “Lender”, as that term is hereinafter further defined), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as administrative agent for each member of the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, “Agent”), HUDSON TECHNOLOGIES, INC., a New York corporation (“Parent”), HUDSON HOLDINGS, INC., a Nevada corporation (“Hudson Holdings”), HUDSON TECHNOLOGIES COMPANY (formerly known as ASPEN REFRIGERANTS, INC.), a Delaware corporation (“Aspen”; and together with Hudson Holdings and those additional entities that hereafter become parties hereto as Borrowers in accordance with the terms hereof by executing the form of Joinder attached hereto as Exhi
