INDENTURE Streicher Mobile Fueling, Inc. and Dated as of September 1, 2005 10% Senior Secured Notes due August 31, 2010Indenture • September 8th, 2005 • Streicher Mobile Fueling Inc • Wholesale-petroleum & petroleum products (no bulk stations) • Florida
THIS INDENTURE is dated effective as of September 1, 2005, between Streicher Mobile Fueling, Inc., a Florida corporation (the “Company”), and [________________________], a _______________ corporation (the “Trustee”).
NOTE PURCHASE AGREEMENTNote Purchase Agreement • September 8th, 2005 • Streicher Mobile Fueling Inc • Wholesale-petroleum & petroleum products (no bulk stations) • Florida
This Note Purchase Agreement (this “Agreement”) is made and entered into as of the 1st day of September, 2005, between Streicher Mobile Fueling, Inc., a Florida corporation (the “Company”) and the investors listed on Exhibit A (each, a “Purchaser” and collectively, the “Purchasers” and, together with the Company, the “Parties”) and is delivered and executed in connection with the Company’s sale of Units (as defined below).
ContractPromissory Note • September 8th, 2005 • Streicher Mobile Fueling Inc • Wholesale-petroleum & petroleum products (no bulk stations) • Florida
THIS NOTE IS SUBJECT TO THE TERMS OF A SUBORDINATION AGREEMENT IN FAVOR OF WACHOVIA BANK, NATIONAL ASSOCIATION. NOTWITHSTANDING ANY CONTRARY STATEMENT CONTAINED IN THE WITHIN DOCUMENT, NO PAYMENT ON ACCOUNT OF ANY OBLIGATION ARISING FROM OR IN CONNECTION WITH THE WITHIN INSTRUMENT OR ANY RELATED AGREEMENT (WHETHER OF PRINCIPAL, INTEREST OR OTHERWISE) SHALL BE MADE, PAID, RECEIVED OR ACCEPTED EXCEPT IN ACCORDANCE WITH THE TERMS OF THE SUBORDINATION AGREEMENT. THE PAYMENT OF PRINCIPAL AND INTEREST ON THIS NOTE IS SUBJECT TO CERTAIN SET-OFF PROVISIONS SET FORTH IN THE AGREEMENT (DEFINED BELOW). THIS NOTE WAS ORIGINALLY ISSUED ON SEPTEMBER __, 2005 AND HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED.
STOCK PURCHASE AGREEMENT by and among STREICHER MOBILE FUELING, INC. (Buyer), H&W PETROLEUM CO., INC. (the Company) and EUGENE WAYNE WETZEL, MARY KAY WETZEL, SHARON HARKRIDER, WILLIAM M. HARKRIDER II, W. M. HARKRIDER TESTAMENTARY TRUST, HARKRIDER...Stock Purchase Agreement • September 8th, 2005 • Streicher Mobile Fueling Inc • Wholesale-petroleum & petroleum products (no bulk stations) • Florida
This STOCK PURCHASE AGREEMENT (this “Agreement”) is entered into as of September 7, 2005, by and among STREICHER MOBILE FUELING, INC., a Florida corporation (“Buyer”), H&W PETROLEUM CO., INC., a Texas corporation (the “Company”) and EUGENE WAYNE. WETZEL, MARY KAY WETZEL, SHARON HARKRIDER, WILLIAM M. HARKRIDER II, W. M. HARKRIDER TESTAMENTARY TRUST, HARKRIDER DISTRIBUTING COMPANY, INC., a Texas corporation (“Harkrider”) AND W & H INTERESTS (collectively the “Shareholders”). Buyer and the Shareholders are referred to collectively herein as the “Parties.”
SECURITY AGREEMENTSecurity Agreement • September 8th, 2005 • Streicher Mobile Fueling Inc • Wholesale-petroleum & petroleum products (no bulk stations) • Texas
THIS SECURITY AGREEMENT (this “Security Agreement”) dated ___________, 2005 is entered into by and between Streicher Mobile Fueling, Inc. (“Streicher”), a Florida corporation having its principal place of business at 800 W. Cypress Creek Road, Suite 580, Fort Lauderdale, Florida 33309, ____________, a wholly owned Subsidiary of Streicher (“_____”), having its principal place of business at ________________________ and [_________________, a _________________ corporation located at _________________, ____________, _______________ ______ (the “Trustee”), as indenture trustee for the holders (the “Holders”) of Streicher’s 10% Senior Secured Notes due September 1, 2010 (the “Notes”) pursuant to an indenture between Company and Trustee of even date herewith (the “Indenture”). Streicher and Subsidiary taken together are referred to herein as the “Company.”
