CREDIT AGREEMENT (Term Loan) By and Between HII TECHNOLOGIES, INC., a Delaware corporation and HEARTLAND BANK, as Administrative Agent Dated as of August 12, 2014Credit Agreement • August 15th, 2014 • HII Technologies, Inc. • Fabricated structural metal products
This CREDIT AGREEMENT is entered into as of August 12, 2014, by and among HII TECHNOLOGIES, INC., a Delaware corporation (“HII”), APACHE ENERGY SERVICES, LLC, a Nevada limited liability company (“Apache Energy Services”), AQUA HANDLING OF TEXAS, LLC, a Texas limited liability company (“Aqua Handling”), HAMILTON INVESTMENT GROUP, an Oklahoma corporation (“HIG”), KMHVC, INC., a Texas corporation (“KMHVC”; and with HII, Apache Energy Services, Aqua Handling and HIG, the “Borrower”) and HEARTLAND BANK, an Arkansas state bank, as administrative agent (in such capacity, “Agent”), and the financial institutions from time to time signatory hereto (individually a “Lender,” and any and all such financial institutions collectively the “Lenders”).
LEASE AGREEMENTLease Agreement • August 15th, 2014 • HII Technologies, Inc. • Fabricated structural metal products • Oklahoma
THIS LEASE AGREEMENT (“Lease”) is made and entered into as of this 12th day of August, 2014, by and between S & M Assets, LLC, an Oklahoma limited liability company ("Lessor") and Hamilton Investment Group, Inc., an Oklahoma corporation and HII Technologies, Inc., a Delaware Corporation ("Lessee").
COMMON STOCK PURCHASE WARRANT HII TECHNOLOGIES, INC.Agreement • August 15th, 2014 • HII Technologies, Inc. • Fabricated structural metal products • New York
THIS CERTIFIES THAT, for value received, HEARTLAND BANK or its registered assigns (the “Holder”), is entitled to purchase from HII Technologies, Inc., a Delaware corporation (the “Company”), at any time or from time to time during the period specified in Section 2 hereof, 825,000 fully paid and nonassessable shares of the Company’s Common Stock, par value $.001 per share (the “Common Stock”), at an exercise price per share equal to $1.00 (the “Exercise Price”). The term “Warrant Shares,” as used herein, refers to the shares of Common Stock purchasable hereunder. The Warrant Shares and the Exercise Price are subject to adjustment as provided in Section 4 hereof. The term “Warrants” means this Warrant and the other warrants issued pursuant to that certain Credit Agreement dated August 11, 2014 (the “Commencement Date”), as amended or supplemented, by and among the Company, Heartland Bank, as Administrative Agent and the other Lenders thereto.
EMPLOYMENT AGREEMENTEmployment Agreement • August 15th, 2014 • HII Technologies, Inc. • Fabricated structural metal products • Texas
This EMPLOYMENT AGREEMENT, dated as of August 12, 2014 (this “Agreement”), by and between William M. Hamilton (“Executive”) and Hamilton Investment Group, Inc., an Oklahoma corporation (the “Company”). Capitalized terms not otherwise defined in this Agreement shall have the meanings given to them on Annex I hereto.
ACCOUNT PURCHASE AGREEMENTAccount Purchase Agreement • August 15th, 2014 • HII Technologies, Inc. • Fabricated structural metal products • New York
SECURITY AGREEMENTSecurity Agreement • August 15th, 2014 • HII Technologies, Inc. • Fabricated structural metal products • New York
THIS SECURITY AGREEMENT (“Security Agreement”) is entered into as of ______________, 2014 by and between _______________________ (“Borrower”), and HEARTLAND BANK, an Arkansas state bank (“Agent”).
PURCHASE OF EXCLUDED ASSETSPurchase of Excluded Assets • August 15th, 2014 • HII Technologies, Inc. • Fabricated structural metal products • Oklahoma
WHEREAS, the Shareholders of Hamilton Investment Group, Inc., an Oklahoma corporation, have entered into a Stock Purchase Agreement with HII Technologies, Inc., a Delaware corporation (the “Stock Purchase Agreement”), whereby HII Technologies, Inc. is to purchase all of the stock of Hamilton Investment Group, Inc.
PROMISSORY NOTE (Term Loan)Promissory Note • August 15th, 2014 • HII Technologies, Inc. • Fabricated structural metal products
FOR VALUE RECEIVED, the undersigned, HII TECHNOLOGIES, INC., a Delaware corporation, APACHE ENERGY SERVICES, LLC, a Nevada limited liability company, AQUA HANDLING OF TEXAS, LLC, a Texas limited liability company, HAMILTON INVESTMENT GROUP, an Oklahoma corporation, and KMHVC, INC., a Texas corporation (individually and collectively, the “Borrower”), hereby jointly and severally promise to pay to the order of HEARTLAND BANK, an Arkansas state bank, as agent (the “Agent”) for the benefit of ___________________, an Arkansas state bank, and any successors and assigns (the “Payee”), at One Information Way, Suite 300, Little Rock, Arkansas 72202, the principal sum of ______________ MILLION AND NO/100 DOLLARS ($___________________) (or the unpaid balance of all principal advanced under this Note, if that amount is less) together with interest on the unpaid principal balance of this Note from day to day outstanding, as hereinafter provided. All capitalized terms herein, unless otherwise define
STOCK PURCHASE AGREEMENTStock Purchase Agreement • August 15th, 2014 • HII Technologies, Inc. • Fabricated structural metal products • Texas
This STOCK PURCHASE AGREEMENT (this “Agreement”), dated as of August 11, 2014, by and among, HII Technologies, Inc., a Delaware corporation (“Buyer”) Hamilton Investment Group, Inc., an Oklahoma corporation (the “Company”), and each of the stockholders set forth on Schedule 1 hereto (collectively, the “Stockholders”).
