0001144204-19-035770 Sample Contracts

EXCHANGE AND PURCHASE AGREEMENT
Exchange and Purchase Agreement • July 24th, 2019 • Vintage Capital Management LLC • Heating equipment, except electric & warm air furnaces • Delaware

This Exchange and Purchase Agreement (this “Agreement”), dated as of July 23, 2019, is made by and between Babcock & Wilcox Enterprises, Inc., a Delaware corporation (the “Company”) and Vintage Capital Management, LLC, a Delaware limited liability company and holder of the Tranche A-1 Term Loan under the Company’s Credit Agreement (each as defined herein) (the “Purchaser”). As used herein, “Parties” refers collectively to the Company and the Purchaser.

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