October 3, 2007Heckmann CORP • October 5th, 2007 • Blank checks
Company FiledOctober 5th, 2007 IndustryThis letter is being delivered to you in accordance with the Underwriting Agreement (the “Underwriting Agreement”) proposed to be entered into by and among Heckmann Corporation, a Delaware corporation (the “Company”), Credit Suisse Securities (USA) LLC, Roth Capital Partners, LLC and Morgan Joseph & Co. Inc. (together, the “Underwriters”), relating to an underwritten initial public offering (the “IPO”) of the Company’s units (the “Units”), each Unit comprised of one share of the Company’s Common Stock, par value $0.001 per share (the “Common Stock”), and one warrant, which is exercisable for one share of Common Stock. Certain capitalized terms used herein are defined in paragraph 13 hereof.
HECKMANN CORPORATION AMENDED AND RESTATED SUBSCRIPTION AGREEMENTSubscription Agreement • October 5th, 2007 • Heckmann CORP • Blank checks • Delaware
Contract Type FiledOctober 5th, 2007 Company Industry JurisdictionTHIS SUBSCRIPTION AGREEMENT (this “Agreement”) is made as of the 3rd day of October, 2007, by and between Heckmann Corporation, a Delaware corporation (the “Company”), and Heckmann Acquisition, LLC, a Delaware limited liability company (“Purchaser”).
Units Heckmann Corporation UNDERWRITING AGREEMENTUnderwriting Agreement • October 5th, 2007 • Heckmann CORP • Blank checks • New York
Contract Type FiledOctober 5th, 2007 Company Industry Jurisdiction
CO-INVESTMENT SECURITIES PURCHASE AGREEMENTCo-Investment Securities Purchase Agreement • October 5th, 2007 • Heckmann CORP • Blank checks • Delaware
Contract Type FiledOctober 5th, 2007 Company Industry JurisdictionThis Co-Investment Securities Purchase Agreement (this “Agreement”), dated as of October 3, 2007, is made and entered into by and between Heckmann Corporation, a Delaware corporation (the “Company”), and Richard J. Heckmann (“Buyer”). Buyer and the Company are collectively referred to herein as the “Parties.”
AMENDED AND RESTATED WARRANT AGREEMENTWarrant Agreement • October 5th, 2007 • Heckmann CORP • Blank checks • New York
Contract Type FiledOctober 5th, 2007 Company Industry JurisdictionTHIS AMENDED AND RESTATED WARRANT AGREEMENT (this “Agreement”) is made as of the 3rd day of October, 2007 between Heckmann Corporation, a Delaware corporation, with offices at 75080 Frank Sinatra Dr., Palm Desert, California 92211 (the “Company”), and American Stock Transfer & Trust Company, with offices at 59 Maiden Lane, New York, New York 10038 (the “Warrant Agent”).
October 3, 2007Heckmann CORP • October 5th, 2007 • Blank checks
Company FiledOctober 5th, 2007 IndustryThis letter is being delivered to you in accordance with the Underwriting Agreement (the “Underwriting Agreement”) proposed to be entered into by and among Heckmann Corporation, a Delaware corporation (the “Company”), Credit Suisse Securities (USA) LLC, Roth Capital Partners, LLC and Morgan Joseph & Co., Inc. (together, the “Underwriters”), relating to an underwritten initial public offering (the “IPO”) of the Company’s units (the “Units”), each Unit comprised of one share of the Company’s Common Stock, par value $0.001 per share (the “Common Stock”), and one warrant, which is exercisable for one share of Common Stock. Certain capitalized terms used herein are defined in paragraph 11 hereof.