Amendment to Nycon Asset Purchase and Consulting Agreements Dated April 1, 2008 and March 9, 2008Nycon Asset Purchase and Consulting Agreements • April 15th, 2010 • Pure Earth, Inc. • Refuse systems
A Seller, Frank Gencarelli, has agreed to revisions to Article 3.1 of the Asset Purchase Agreement between New Nycon, Inc. and Seller as well as the Seller Consulting Agreement in accordance with the following new terms and conditions.
ContractTerm Loan Note • April 15th, 2010 • Pure Earth, Inc. • Refuse systems • New Jersey
THIS FIRST AMENDMENT TO TERM LOAN NOTE (the “Amendment to Note”) is made this 16th day of November, 2009, by and between by and among SUSQUEHANNA BANK, a Pennsylvania chartered bank (the “Bank”), as lender and by PURE EARTH TREATMENT (NJ), INC. (formerly named CASIE ECOLOGY OIL SALVAGE, INC.), a New Jersey corporation with a principal office at 3209 North Mill Rd., Vineland, NJ 08360, PURE EARTH RECYCLING (NJ), INC. (formerly named MIDATLANTIC RECYCLING TECHNOLOGIES, INC.), a Delaware corporation with a principal office at 3137 Chammings Court, Vineland, NJ 08360, and REZULTZ, INCORPORATED, a New Jersey corporation with a principal office at 3209 North Mill Rd., Vineland, NJ 08360, with joint and several liability (each individually a “Borrower” or “Obligor” and, collectively, “Borrower” or “Obligors”).
LOAN RESTRUCTURE AGREEMENTLoan Restructure Agreement • April 15th, 2010 • Pure Earth, Inc. • Refuse systems • Pennsylvania
This Loan Restructure Agreement (hereafter referred to as the “Agreement”) is entered into as of December 7, 2009 by and among CoActiv Capital Partners, Inc. (hereinafter referred to as “CoActive”), and Pure Earth, inc. Pure Earth Materials, Inc., (Pennsylvania Corporations) and Juda Construction, Ltd., as co-Borrowers (“Borrowers”).
FIRST AMENDMENT TO TERM LOAN AGREEMENTTerm Loan Agreement • April 15th, 2010 • Pure Earth, Inc. • Refuse systems • New Jersey
THIS FIRST AMENDMENT TO TERM LOAN AGREEMENT (the “Amendment Agreement”) is made this 16th day of November, 2009, by and between by and among SUSQUEHANNA BANK, a Pennsylvania chartered bank (the “Bank”), as lender and by PURE EARTH TREATMENT (NJ), INC. (formerly named CASIE ECOLOGY OIL SALVAGE, INC.), a New Jersey corporation with a principal office at 3209 North Mill Rd., Vineland, NJ 08360, PURE EARTH RECYCLING (NJ), INC. (formerly named MIDATLANTIC RECYCLING TECHNOLOGIES, INC.), a Delaware corporation with a principal office at 3137 Chammings Court, Vineland, NJ 08360, and REZULTZ, INCORPORATED, a New Jersey corporation with a principal office at 3209 North Mill Rd., Vineland, NJ 08360, with joint and several liability (each individually a “Borrower” or “Obligor” and, collectively, “Borrower” or “Obligors”).
Amendment to the Nycon Asset Purchase and Consulting Agreements Dated April 1, 2008 and March 9, 2008Pure Earth, Inc. • April 15th, 2010 • Refuse systems
A Seller, Frank Gencarelli, has agreed, as of December 10, 2009 to these revisions to Article 3.1 of the Asset Purchase Agreement between New Nycon, Inc. (Buyer) and Frank Gencarelli (Seller) as well as the Consulting Agreement in accordance with the following terms and conditions.
as of November 13, 2009 Pure Earth Treatment (NJ), Inc. Pure Earth Recycling (NJ), Inc. Rezultz, IncorporatedIsda Master Agreement • April 15th, 2010 • Pure Earth, Inc. • Refuse systems
TERM LOAN NOTEPure Earth, Inc. • April 15th, 2010 • Refuse systems
This Term Loan Note (“Note”) is the Term Loan Note referred to in, and is entitled to the benefits of and subject to the terms and conditions of, the Term Loan Agreement dated on or about the date hereof (as amended, restated or otherwise modified, the “Loan Agreement”) by and among the Obligors party thereto and the Bank. Terms capitalized but not defined herein shall have the meanings given to them respectively in the Loan Agreement. The Loan Agreement contains, among other things, provisions for the time, place and manner of payment of this Note, the determination of the interest rate borne by and fees payable in respect of this Note, acceleration of the payment of this Note upon the happening of certain stated events and the mandatory repayment of this Note under certain circumstances. The terms of the Loan Agreement are incorporated herein by reference.
FIRST AMENDMENT TO GUARANTY AGREEMENTGuaranty Agreement • April 15th, 2010 • Pure Earth, Inc. • Refuse systems • New Jersey
THIS FIRST AMENDMENT TO GUARANTY AGREEMENT (the “Amendment to Guaranty”) is made this 16th day of November, 2009, PURE EARTH, INC., a Delaware corporation (the “Guarantor”), in favor of SUSQUEHANNA BANK, a Pennsylvania chartered bank (the “Bank”) to secure the obligations of PURE EARTH TREATMENT (NJ), INC. (formerly named CASIE ECOLOGY OIL SALVAGE, INC.), a New Jersey corporation with a principal office at 3209 North Mill Rd., Vineland, NJ 08360, PURE EARTH RECYCLING (NJ), INC. (formerly named MIDATLANTIC RECYCLING TECHNOLOGIES, INC.), a Delaware corporation with a principal office at 3137 Chammings Court, Vineland, NJ 08360, and REZULTZ, INCORPORATED, a New Jersey corporation with a principal office at 3209 North Mill Rd., Vineland, NJ 08360, with joint and several liability (each individually and collectively a “Borrower”).
