AMENDMENT NO. 3 TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • May 10th, 2021 • B. Riley Financial, Inc. • Services-business services, nec • New York
This AMENDMENT NO. 3 TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”), dated as of March 4, 2021, is among BABCOCK & WILCOX ENTERPRISES, INC., a Delaware corporation (the “Borrower”), BANK OF AMERICA, N.A., in its capacity as administrative agent for the Lenders (as defined in the Credit Agreement described below) (in such capacity, the “Administrative Agent”), and each of the Lenders party hereto, for purposes of Sections 1, 2, 5(a), 6, and 8 hereof, acknowledged and agreed by certain Subsidiaries of the Borrower, as Guarantors, and, for purposes of Section 5(b), B. Riley Financial, Inc., as Limited Guarantor.
AMENDMENT NO. 4 TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • May 10th, 2021 • B. Riley Financial, Inc. • Services-business services, nec • New York
This AMENDMENT NO. 4 TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”), dated as of March 26, 2021, is among BABCOCK & WILCOX ENTERPRISES, INC., a Delaware corporation (the “Borrower”), BANK OF AMERICA, N.A., in its capacity as administrative agent for the Lenders (as defined in the Credit Agreement described below) (in such capacity, the “Administrative Agent”), and each of the Lenders party hereto, for purposes of Sections 1, 2, 5(a), 6, and 8 hereof, acknowledged and agreed by certain Subsidiaries of the Borrower, as Guarantors, and, for purposes of Section 5(b), B. Riley Financial, Inc., as Limited Guarantor.
AMENDMENT NO. 2 TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • May 10th, 2021 • B. Riley Financial, Inc. • Services-business services, nec • New York
This AMENDMENT NO. 2 TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”), dated as of February 8, 2021, is among BABCOCK & WILCOX ENTERPRISES, INC., a Delaware corporation (the “Borrower”), BANK OF AMERICA, N.A., in its capacity as administrative agent for the Lenders (as defined in the Credit Agreement described below) (in such capacity, the “Administrative Agent”), and each of the Lenders party hereto, for purposes of Sections 1, 2, 5(a), 6, and 8 hereof, acknowledged and agreed by certain Subsidiaries of the Borrower, as Guarantors, and, for purposes of Section 5(b), B. Riley Financial, Inc., as Limited Guarantor.
DASH MEDICAL HOLDINGS, LLC SUBSCRIPTION AGREEMENTSubscription Agreement • May 10th, 2021 • B. Riley Financial, Inc. • Services-business services, nec • Delaware
JOINDER TO LIMITED LIABILITY COMPANY AGREEMENTJoinder to Limited Liability Company Agreement • May 10th, 2021 • B. Riley Financial, Inc. • Services-business services, nec
This Joinder to Limited Liability Company Agreement (this “Joinder Agreement”), dated as of March 1, 2021, is by and between DASH Medical Holdings, LLC, a Delaware limited liability company (the “Company”) and the undersigned Unitholder of the Company (the “Investor”). Capitalized terms used in this Joinder Agreement without definition shall have the meanings assigned to them in the Limited Liability Company Agreement of the Company dated effective on or about March 1, 2021, as may be amended from time to time in accordance with the terms thereof (the “LLC Agreement”).
SUBORDINATION AGREEMENTSubordination Agreement • May 10th, 2021 • B. Riley Financial, Inc. • Services-business services, nec • New York
THIS SUBORDINATION AGREEMENT is entered into as of March 2, 2021 (the “Subordination Agreement”) among (a) TREE LINE CAPITAL PARTNERS, LLC (“Tree Line”), as administrative agent (Tree Line, in such capacity, together with its successors and assigns, the “Administrative Agent”), and (b) BRF FINANCE CO., LLC (together with his successors or permitted assigns, the “Subordinated Creditor”), and acknowledged and agreed by each of DASH HOLDING COMPANY, INC., a Delaware corporation (“Holdings”), and DASH MEDICAL GLOVES, LLC, a Wisconsin limited liability company and a Subsidiary of Holdings (the “Borrower”).
