FOURTH AMENDMENT TO CREDIT AND SECURITY AGREEMENTCredit and Security Agreement • August 8th, 2008 • Pure Earth, Inc. • Refuse systems
THIS FOURTH AMENDMENT (the “Amendment”), dated as of April 30, 2008, is entered into by and between PURE EARTH, INC., a Delaware corporation (“Pure Earth”) and all of its wholly owned subsidiaries, including, but not limited to PURE EARTH MATERIALS, a Pennsylvania corporation, PURE EARTH TRANSPORTATION & DISPOSAL SYSTEMS, LTD., a Delaware corporation, JUDA CONSTRUCTION, LTD., a New York corporation, ECHO LAKE BROWNFIELD, LLC, PEI DISPOSAL GROUP, INC., a Delaware corporation, and PURE EARTH MATERIALS (NJ), INC., a Delaware corporation, (collectively, the “Borrower”) and WELLS FARGO BANK, NATIONAL ASSOCIATION (the “Lender”), acting through its Wells Fargo Business Credit operating division.
INVESTMENT AGREEMENTInvestment Agreement • August 8th, 2008 • Pure Earth, Inc. • Refuse systems • Delaware
THIS INVESTMENT AGREEMENT (this “Agreement”) is made and entered into effective June 29, 2008, by and among PURE EARTH, INC., a Delaware corporation (the “Company”), BLACK CREEK CAPITAL CORP. (“Black Creek”), AND CHARLES M. HALLINAN (“Hallinan”) (Black Creek and Hallinan are each referred to individually as an “Investor,” and collectively, as the “Investors”).
