THIRD AMENDED, RESTATED AND SUBSTITUTED REVOLVING CREDIT NOTEPerma Fix Environmental Services Inc • April 1st, 2019 • Hazardous waste management
This Third Amended, Restated and Substituted Revolving Credit Note is executed and delivered under and pursuant to the terms of that certain Amended and Restated Revolving Credit, Term Loan and Security Agreement dated as of October 31, 2011 (as amended, restated, supplemented or modified from time to time, the “Credit Agreement”) by and among the undersigned, as Borrower, the various financial institutions named therein or which hereafter become a party thereto (each individually a “Lender” and collectively, “Lenders”) and PNC BANK, NATIONAL ASSOCIATION (in its individual capacity, “PNC”), as agent for Lenders (in such capacity, “Agent”). Capitalized terms not otherwise defined herein shall have the meanings provided in the Credit Agreement.
FIRST AMENDMENT to (“2017 NONQUALIFED STOCK OPTION AGREEMENT”)2017 Stock Option Plan Nonqualified Stock Option Agreement • April 1st, 2019 • Perma Fix Environmental Services Inc • Hazardous waste management
WHEREAS, on July 27, 2017, Robert Ferguson (the “Consultant”) and Perma-Fix Environmental Services, Inc. (the “Company”) entered into the 2017 Nonqualified Stock Option Agreement.
THIRD AMENDMENT TO AMENDED AND RESTATED REVOLVING CREDIT, TERM LOAN AND SECURITY AGREEMENTSecurity Agreement • April 1st, 2019 • Perma Fix Environmental Services Inc • Hazardous waste management
THIS THIRD AMENDMENT TO AMENDED AND RESTATED REVOLVING CREDIT, TERM LOAN AND SECURITY AGREEMENT, dated as of August 2, 2013 (this “Amendment”), relating to the Credit Agreement referenced below, is by and among PERMA-FIX ENVIRONMENTAL SERVICES, INC., a Delaware corporation (the “Borrower”), the lenders identified on the signature pages hereto (the “Lenders”), and PNC Bank, National Association, a national banking association, as agent for the Lenders (in such capacity, the “Agent”). Terms used herein but not otherwise defined herein shall have the meanings provided to such terms in the Credit Agreement.
ELEVENTH AMENDMENT TO AMENDED AND RESTATED REVOLVING CREDIT, TERM LOAN AND SECURITY AGREEMENT AND WAIVERTerm Loan and Security Agreement and Waiver • April 1st, 2019 • Perma Fix Environmental Services Inc • Hazardous waste management
THIS ELEVENTH AMENDMENT TO AMENDED AND RESTATED REVOLVING CREDIT, TERM LOAN AND SECURITY AGREEMENT AND WAIVER, dated as of March 29, 2019 (this “Amendment”), relating to the Credit Agreement referenced below, is by and among PERMA-FIX ENVIRONMENTAL SERVICES, INC., a Delaware corporation (the “Borrower”), the lenders identified on the signature pages hereto (the “Lenders”), and PNC Bank, National Association, a national banking association, as agent for the Lenders (in such capacity, the “Agent”). Terms used herein but not otherwise defined herein shall have the meanings provided to such terms in the Credit Agreement.
SECOND AMENDMENT TO AMENDED AND RESTATED REVOLVING CREDIT, TERM LOAN AND SECURITY AGREEMENT AND WAIVERLoan and Security Agreement and Waiver • April 1st, 2019 • Perma Fix Environmental Services Inc • Hazardous waste management
THIS SECOND AMENDMENT TO AMENDED AND RESTATED REVOLVING CREDIT, TERM LOAN AND SECURITY AGREEMENT AND WAIVER, dated as of May 9, 2013 (this “Amendment”), relating to the Credit Agreement referenced below, is by and among PERMA-FIX ENVIRONMENTAL SERVICES, INC., a Delaware corporation (the “Borrower”), the lenders identified on the signature pages hereto (the “Lenders”), and PNC Bank, National Association, a national banking association, as agent for the Lenders (in such capacity, the “Agent”). Terms used herein but not otherwise defined herein shall have the meanings provided to such terms in the Credit Agreement.
LOAN AND SECURITIES PURCHASE AGREEMENTLoan and Securities Purchase Agreement • April 1st, 2019 • Perma Fix Environmental Services Inc • Hazardous waste management • Delaware
THIS LOAN AND SECURITIES PURCHASE AGREEMENT (this “Loan Agreement”) is entered into on this 1st day of April, 2019, between PERMA-FIX ENVIRONMENTAL SERVICES, INC., a Delaware corporation (“PESI”), having a notice address of 8302 Dunwoody Place #250, Atlanta, Georgia 30350, and ROBERT LOUIS FERGUSON, an individual, residing at, and having a notice address at, 160 Bradley Blvd., Richland, Washington 99352 (“Lender”).
COMMON STOCK PURCHASE WARRANT To Purchase 60,000 Shares of Common Stock of PERMA-FIX ENVIRONMENTAL SERVICES, INC. April 1, 2019Common Stock Purchase Warrant • April 1st, 2019 • Perma Fix Environmental Services Inc • Hazardous waste management • Delaware
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) CERTIFIES that, for value received, ROBERT FERGUSON, an individual (the “Holder”), is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after six months from the date of issuance of this Warrant (the “Initial Exercise Date”) and on or prior to the fifth anniversary of the date of this Warrant (the “Termination Date”) but not thereafter, to subscribe for and purchase from Perma-Fix Environmental Services, Inc., a Delaware corporation (the “Company”), up to 60,000 shares (the “Warrant Shares”) of common stock, par value $0.001 per share, of the Company (“Common Stock”). The purchase price of one share of Common Stock (the “Exercise Price”) under this Warrant is $3.51, which is the closing bid price for a share of the Company’s Common Stock on Nasdaq.com immediately preceding the execution of the Loan Agreement (as defined below), subject to adjustment hereunder
