FOURTH MODIFICATION AND FORBEARANCE AGREEMENTForbearance Agreement • August 12th, 2015 • HII Technologies, Inc. • Oil & gas field exploration services • New York
This FOURTH MODIFICATION AND FORBEARANCE AGREEMENT (“Agreement”) is entered into as of August 7, 2015 (the “Execution Date”), 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, INC., an Oklahoma corporation (“HIG”), SAGE POWER SOLUTIONS, INC., a Texas corporation (f/k/a KMHVC, Inc., a Texas corporation) (“Sage”; and with HII, Apache Energy Services, Aqua Handling and HIG, individually, “Borrower”, and collectively, the “Borrowers”), HEARTLAND BANK, an Arkansas state bank, as administrative agent for the Lenders (as defined in the Credit Agreement) (in such capacity, “Agent”), MCLARTY CAPITAL PARTNERS SBIC, L.P., a Delaware limited partnership as a Lender (“McLarty”), and MAGNA EQUITIES II LLC (“Magna”).
