OMNIBUS AMENDMENT AND REAFFIRMATION AGREEMENTOmnibus Amendment and Reaffirmation Agreement • November 14th, 2011 • Ada-Es Inc • Miscellaneous chemical products • Colorado
This OMNIBUS AMENDMENT AND REAFFIRMATION AGREEMENT (this “Agreement”), is entered into as of the 9th day of September, 2011, by and between Clean Coal Solutions, LLC, a Colorado limited liability company, as Borrower (“Borrower”), and CoBiz Bank, a bank doing business in the State of Colorado as Colorado Business Bank, as Lender (“Lender”).
FIRST AMENDMENT TO SECOND AMENDED AND RESTATED OPERATING AGREEMENT OF CLEAN COAL SOLUTIONS, LLCOperating Agreement • November 14th, 2011 • Ada-Es Inc • Miscellaneous chemical products
This First Amendment to Second Amended and Restated Operating Agreement of Clean Coal Solutions, LLC (this “Amendment”) is agreed to, approved and entered into as of September 9, 2011 and is made effective as of July 31, 2011. Capitalized terms used but not otherwise defined herein shall have the meanings given to them in the Second Amended and Restated Operating Agreement of Clean Coal Solutions, LLC dated as of May 27, 2011 (the “LLC Agreement”).
SETTLEMENT AGREEMENTSettlement Agreement • November 14th, 2011 • Ada-Es Inc • Miscellaneous chemical products • Delaware
The matters in issue in the above-entitled action having been amicably resolved by and between Plaintiff Norit Americas, Inc. (“Plaintiff”) and Defendants ADA-ES, Inc. and ADA Environmental Solutions, LLC (collectively, the “ADA Defendants”), pursuant to the parties’ Confidential Settlement Agreement and Release, it is hereby stipulated and ordered that the claims asserted by Plaintiff against the ADA Defendants and by the ADA Defendants against Plaintiff are hereby dismissed with prejudice, pursuant to TEX. R. CIV. P. 11 and 162. All costs and attorneys’ fees are to be borne by the party incurring same.
