AMENDMENT NO. 3 TO SECOND AMENDED AND RESTATED PRECIOUS METALS AGREEMENTPrecious Metals Agreement • October 8th, 2009 • Brush Engineered Materials Inc • Metal forgings & stampings • New York
THIS AMENDMENT NO. 3 TO SECOND AMENDED AND RESTATED PRECIOUS METALS AGREEMENT (this “Amendment”) is made as of October 2, 2009, by and among THE BANK OF NOVA SCOTIA, a Canadian chartered bank (the “Metal Lender”); BRUSH ENGINEERED MATERIALS INC., an Ohio corporation (“BEM”); WILLIAMS ADVANCED MATERIALS INC., a New York corporation (“WAM”); TECHNICAL MATERIALS, INC., an Ohio corporation (“TMI”); BRUSH WELLMAN INC., an Ohio corporation (“BWI”); ZENTRIX TECHNOLOGIES INC., an Arizona corporation (“ZTI”); WILLIAMS ACQUISITION, LLC, a New York limited liability company d/b/a Pure Tech (“Pure Tech”); THIN FILM TECHNOLOGY, INC., a California corporation (“TFT”), TECHNI-MET, LLC, a Delaware limited liability company (“Techni-Met”) and such other Subsidiaries of BEM who may from time to time become parties by means of their execution and delivery with the Metal Lender of a Joinder Agreement under the Precious Metals Agreement (as defined below). BEM, WAM, TMI, BWI, ZTI, Pure Tech, TFT, Techni-Me
CONSIGNMENT AGREEMENTConsignment Agreement • October 8th, 2009 • Brush Engineered Materials Inc • Metal forgings & stampings • New York
other Subsidiaries (as hereinafter defined) of BEM who may from time to time become parties hereto by means of their execution and delivery with the Metal Lenders (as hereinafter defined) of a Joinder Agreement (as hereinafter defined) (BEM, WAM, TMI, BWI, ZTI, Pure Tech, TFT, TML and such Subsidiaries are herein sometimes referred to collectively as the “Customers” and individually as a “Customer”).
