0001630805-18-000004 Sample Contracts

Babcock & Wilcox Enterprises, Inc. 13024 Ballantyne Corporate Place Suite 700 Charlotte, NC 28277
Babcock & Wilcox Enterprises, Inc. • January 3rd, 2018 • Heating equipment, except electric & warm air furnaces

Reference is made to the form of agreement, dated as of January 3, 2018 (the “Vintage Agreement”), by and among Babcock & Wilcox Enterprises, Inc. (“BW”), Vintage Capital Management, LLC (“Vintage”), Kahn Capital Management, LLC and Brian R. Kahn, which has been furnished to the undersigned. Capitalized terms used but not defined herein have the meaning ascribed to such terms in the Vintage Agreement.

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AGREEMENT
Agreement • January 3rd, 2018 • Babcock & Wilcox Enterprises, Inc. • Heating equipment, except electric & warm air furnaces • Delaware

This Agreement (this “Agreement”) is entered into as of the date set forth on the signature page hereto by and among Babcock & Wilcox Enterprises, Inc. (the “Company”), on the one hand, and Vintage Capital Management, LLC (“Vintage”), Kahn Capital Management, LLC and Brian R. Kahn (collectively, the “Shareholders”), on the other hand. Each of the Company and the Shareholders are a “Party” and, collectively, the “Parties.”

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