REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • March 22nd, 2011 • Advanced Environmental Recycling Technologies Inc • Millwood, veneer, plywood, & structural wood members • Delaware
This REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of March 18, 2011, is by and among Advanced Environmental Recycling Technologies, Inc., a Delaware corporation with offices located at 914 N Jefferson Street, Springdale, Arkansas 72764 (the “Company”), and the undersigned buyer (the “Buyer”).
SERIES D PREFERRED STOCK EXCHANGE AGREEMENTSeries D Preferred Stock Exchange Agreement • March 22nd, 2011 • Advanced Environmental Recycling Technologies Inc • Millwood, veneer, plywood, & structural wood members • Delaware
This SERIES D PREFERRED STOCK EXCHANGE AGREEMENT (the “Agreement”), dated as of March 18, 2011, is by and among Advanced Environmental Recycling Technologies, Inc., a Delaware corporation with offices located at 914 N Jefferson Street, Springdale, Arkansas 72764 (the “Company”), and the persons listed on Schedule I attached hereto (each a “Stockholder” and collectively, the “Stockholders”).
ADVANCED ENVIRONMENTAL RECYCLING TECHNOLOGIES, INC. VOTING AGREEMENTVoting Agreement • March 22nd, 2011 • Advanced Environmental Recycling Technologies Inc • Millwood, veneer, plywood, & structural wood members • Delaware
This Voting Agreement (this “Agreement”) is made as of March 18, 2011, by and among Advanced Environmental Recycling Technologies, Inc., a Delaware corporation (the “Company”), the persons and entities listed on Exhibit A attached hereto (each an “Investor,” and collectively the “Investors”) and the persons listed on Exhibit B hereto (each an “Other Stockholder,” and collectively the “Other Stockholders”). The Investors and the Other Stockholders are referred to herein collectively as the “Voting Parties.”
SECURITIES EXCHANGE AGREEMENTSecurities Exchange Agreement • March 22nd, 2011 • Advanced Environmental Recycling Technologies Inc • Millwood, veneer, plywood, & structural wood members • Delaware
This SECURITIES EXCHANGE AGREEMENT (the “Agreement”), dated as of March 18, 2011, is by and among Advanced Environmental Recycling Technologies, Inc., a Delaware corporation with offices located at 914 N Jefferson Street, Springdale, Arkansas 72764 (the “Company”), and the investor listed on Schedule I attached hereto (the “Buyer”).
SERIES B TERM NOTESeries B Term Note • March 22nd, 2011 • Advanced Environmental Recycling Technologies Inc • Millwood, veneer, plywood, & structural wood members
This Term Note is a “Series B Note” referred to in, and is entitled to the benefits of, the Credit Agreement (as the same may be amended, restated, supplemented, or otherwise modified from time to time, the “Credit Agreement”; capitalized terms used herein without definition having the meanings ascribed thereto in the Credit Agreement) dated as of March 18, 2011, by and among the Borrower, H.I.G. AERT, LLC, as Administrative Agent and the other Lenders who from time to time are parties thereto, and the additional Credit Documents which, among other things, provide for the acceleration of the maturity hereof upon the occurrence of certain events and for prepayments in certain circumstances and upon certain terms and conditions specified therein. Notwithstanding any other provision of this Term Note, interest paid or becoming due hereunder shall in no event exceed the maximum rate permitted by applicable law.
ADVANCED ENVIRONMENTAL RECYCLING TECHNOLOGIES, INC. INDEMNITY AGREEMENTIndemnity Agreement • March 22nd, 2011 • Advanced Environmental Recycling Technologies Inc • Millwood, veneer, plywood, & structural wood members • Delaware
This Indemnity Agreement (this “Agreement”) is made and entered into as of March 18, 2011, by and between Advanced Environmental Recycling Technologies, Inc., a Delaware corporation (the “Company”), and Michael Phillips (“Agent”).
SECURITY AGREEMENTSecurity Agreement • March 22nd, 2011 • Advanced Environmental Recycling Technologies Inc • Millwood, veneer, plywood, & structural wood members • New York
THIS SECURITY AGREEMENT, dated as of March 18, 2011, is entered into by and between Advanced Environmental Recycling Technologies, Inc., a Delaware corporation (“Borrower”) and the Additional Grantors (as hereinafter defined) (the Borrower and the Additional Grantors collectively called the “Grantors” and each, individually, a “Grantor”), in favor of H.I.G. AERT, LLC, as administrative agent (in such capacity, the “Administrative Agent”) for the benefit of the Secured Parties (as defined in the Credit Agreement referred to below).
LEASE REINSTATEMENT, SETTLEMENT AND WAIVER AGREEMENTLease Reinstatement, Settlement and Waiver Agreement • March 22nd, 2011 • Advanced Environmental Recycling Technologies Inc • Millwood, veneer, plywood, & structural wood members
This Lease Reinstatement, Settlement and Waiver Agreement (the “Agreement”) is made and entered into March ___, 2011 (the “Effective Date”), by and among BANC OF AMERICA LEASING & CAPITAL, LLC as successor-in-interest to LASALLE NATIONAL LEASING CORPORATION, a Delaware limited liability company having its principal office at 2059 Northlake Parkway, 4 South, Tucker, GA 30084 (the “Lessor”), and ADVANCED ENVIRONMENTAL RECYCLING TECHNOLOGIES, INC., a Delaware corporation having its principal office at 914 N. Jefferson, Springdale, AR 72764 (the “Lessee”).
ADVISORY SERVICES AGREEMENTAdvisory Services Agreement • March 22nd, 2011 • Advanced Environmental Recycling Technologies Inc • Millwood, veneer, plywood, & structural wood members • Delaware
THIS ADVISORY SERVICES AGREEMENT (this “Agreement”) is made and entered into as of March 18, 2011, by and between Advanced Environmental Recycling Technologies Inc. among (the “Company”), and H.I.G. Capital, L.L.C., a Delaware limited liability company (“H.I.G.”).
SERIES A TERM NOTETerm Note • March 22nd, 2011 • Advanced Environmental Recycling Technologies Inc • Millwood, veneer, plywood, & structural wood members
This Term Note is a “Series A Note” referred to in, and is entitled to the benefits of, the Credit Agreement (as the same may be amended, restated, supplemented, or otherwise modified from time to time, the “Credit Agreement”; capitalized terms used herein without definition having the meanings ascribed thereto in the Credit Agreement) dated as of March 18, 2011, by and among the Borrower, H.I.G. AERT, LLC, as Administrative Agent and the other Lenders who from time to time are parties thereto, and the additional Credit Documents which, among other things, provide for the acceleration of the maturity hereof upon the occurrence of certain events and for prepayments in certain circumstances and upon certain terms and conditions specified therein. Notwithstanding any other provision of this Term Note, interest paid or becoming due hereunder shall in no event exceed the maximum rate permitted by applicable law.
FIFTEENTH LOAN MODIFICATION AGREEMENTLoan Modification Agreement • March 22nd, 2011 • Advanced Environmental Recycling Technologies Inc • Millwood, veneer, plywood, & structural wood members • Arkansas
THIS FIFTEENTH LOAN MODIFICATION AGREEMENT, executed on the 18th day of March, 2011 (the “Agreement”), is made by and among LIBERTY BANK OF ARKANSAS, an Arkansas state chartered bank whose address is 4706 South Thompson, Suite 101, Springdale, Arkansas 72764, Attention: D. Scott Hancock, Executive Vice President (“Lender”); ADVANCED ENVIRONMENTAL RECYCLING TECHNOLOGIES, INC., a Delaware corporation whose mailing address is Post Office Box 1237, Springdale, Arkansas 72765 (“Borrower”); MARJORIE S. BROOKS, an individual and resident of the State of Arkansas whose mailing address is P.O. Box 32, Springdale, Arkansas 72765 ( “MB”); STEPHEN W. BROOKS, an individual and resident of the State of Arkansas whose mailing address is Post Office Box 1237, Springdale, Arkansas 72765 (“SB”); JOE G. BROOKS, an individual and resident of the State of Arkansas whose mailing address is Post Office Box 1237, Springdale, Arkansas 72765 (“JB”); and MACRICH, LLC, an Arkansas limited liability company whose
CREDIT AGREEMENT dated as of MARCH 18, 2011 among ADVANCED ENVIRONMENTAL RECYCLING TECHNOLOGIES, INC., The Lenders Party Hereto, and H.I.G. AERT, LLC, as Administrative AgentCredit Agreement • March 22nd, 2011 • Advanced Environmental Recycling Technologies Inc • Millwood, veneer, plywood, & structural wood members • New York
This Credit Agreement, dated as of March 18, 2011 (as amended, restated, supplemented or modified from time to time, this “Agreement”), is made among ADVANCED ENVIRONMENTAL RECYCLING TECHNOLOGIES, INC., a Delaware corporation (the “Company”), the lenders from time to time parties hereto, and H.I.G. AERT, LLC, as Administrative Agent. Capitalized terms used in this opening paragraph or the recitals set forth below and not otherwise defined herein have the meanings assigned to them in Section 1.01 below.
