AMENDMENT NO. 1 TO SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • September 29th, 2008 • China Water & Drinks Inc.. • Bottled & canned soft drinks & carbonated waters
This Amendment No. 1 to Securities Purchase Agreement (this “Amendment”) is dated September 18, 2008, by and among China Water and Drinks Inc., a Nevada corporation (the “Company”) and certain of the Investors (as defined below), and amends that certain Securities Purchase Agreement (the “Agreement”) dated May 31, 2007 by and among the Company and the investors identified on the signature pages thereto (collectively, the “Investors”).
Amendment No. 1 to Agreement and Plan of Merger and ReorganizationAgreement and Plan of Merger and Reorganization • September 29th, 2008 • China Water & Drinks Inc.. • Bottled & canned soft drinks & carbonated waters • New York
This Amendment No. 1 to Agreement and Plan of Merger and Reorganization (this “Amendment”) is made and entered into as of September 29, 2008, by and among Heckmann Corporation, a Delaware corporation (“Parent”), Heckmann Acquisition II Corp., a Delaware corporation and a wholly owned Subsidiary of Parent (“Merger Sub”), and China Water and Drinks, Inc., a Nevada corporation (the “Company”), and, solely with respect to Section 2.4, Xu Hong Bin and Cheng Xing Hua, and amends that certain Agreement and Plan of Merger and Reorganization (the “Merger Agreement”) by and among Parent, Merger Sub and the Company dated as of May 19, 2008.
Amendment No. 1 to Majority Stockholder Consent Agreement [Chen Xing Hua]Majority Stockholder Consent Agreement • September 29th, 2008 • China Water & Drinks Inc.. • Bottled & canned soft drinks & carbonated waters • New York
This Amendment No. 1 to Majority Stockholder Consent Agreement (this “Amendment”) is made and entered into as of September 26, 2008, by and among Heckmann Corporation, a Delaware corporation (“Parent”), and Chen Xing Hua (the “Consenting Stockholder”), and amends that certain Majority Stockholder Consent Agreement (the “Agreement”) by and between Parent and the Consenting Stockholder dated as of May 19, 2008.
Amendment No. 1 to Undertaking Agreement [Li Related Holders]Undertaking Agreement • September 29th, 2008 • China Water & Drinks Inc.. • Bottled & canned soft drinks & carbonated waters • New York
This Amendment No. 1 to Undertaking Agreement (this “Amendment”) is made and entered into as of September 26, 2008, by and among Heckmann Corporation, a Delaware corporation (“Parent”), China Water and Drinks, Inc., a Nevada corporation (the “Company”) and the Persons and Entities listed on Schedule A hereto (each a “Selling Stockholder,” and collectively, the “Selling Stockholders”), and amends that certain Undertaking Agreement (the “Agreement”) by and among Parent, the Company and the Selling Stockholders dated as of May 19, 2008.
Amendment No. 2 to Majority Stockholder Consent Agreement [Xu Hong Bin]Majority Stockholder Consent Agreement • September 29th, 2008 • China Water & Drinks Inc.. • Bottled & canned soft drinks & carbonated waters • New York
This Amendment No. 2 to Majority Stockholder Consent Agreement (this “Amendment”) is made and entered into as of September 26, 2008, by and among Heckmann Corporation, a Delaware corporation (“Parent”), and Xu Hong Bin (the “Consenting Stockholder”), and amends that certain Majority Stockholder Consent Agreement (the “Agreement”) by and between Parent and the Consenting Stockholder dated as of May 19, 2008, as amended by Amendment No. 1 to Majority Stockholder Consent Agreement dated as of September 19, 2008.
AMENDMENT NO. 1 TO MAKE GOOD ESCROW AGREEMENTMake Good Escrow Agreement • September 29th, 2008 • China Water & Drinks Inc.. • Bottled & canned soft drinks & carbonated waters
This Amendment No. 1 to Make Good Escrow Agreement (this “Amendment”) is dated September 18, 2008, by and among China Water and Drinks Inc., a Nevada corporation (the “Company”), The Pinnacle Fund, L.P., as agent (“Agent”), Mr. Xu Hong Bin, in his individual capacity (“Make Good Pledgor”), and Loeb & Loeb LLP, as escrow agent (“Escrow Agent”) and amends that certain Make Good Escrow Agreement (the “Escrow Agreement”) dated May 31, 2007, by and among the parties hereto.
