AMENDMENT NO. 2 TO ABL CREDIT AGREEMENTAbl Credit Agreement • March 9th, 2022 • Hayward Holdings, Inc. • Refrigeration & service industry machinery • New York
ABL CREDIT AGREEMENT, dated as of August 4, 2017, as amended as of March 30, 2018 and as further amended and restated as of June 1, 2021 (this “Agreement”), by and among Hayward Intermediate, Inc., a Delaware corporation (“Holdings”), Hayward Industries, Inc., a New Jersey corporation (the “US Borrower”), Hayward Pool Products Canada, Inc. / Produits De Piscines Hayward Canada, Inc., a Canadian federal corporation (the “Canadian Borrower”), Hayward Ibérica, S.L.U., a Spanish private limited liability corporation (Sociedad Limitada Unipersonal) (the “Spanish Borrower”), the Lenders from time to time party hereto, including Bank of America, N.A. (“Bank of America”), and Bank of America, in its capacities as administrative agent and collateral agent (together with its designated branches and Affiliates in such capacities, the “Administrative Agent”), the Swingline Lender and an Issuing Bank, with BofA Securities, Inc. (“BofA Securities”), Wells Fargo Bank, National Association and PNC Cap
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • March 9th, 2022 • Hayward Holdings, Inc. • Refrigeration & service industry machinery • New Jersey
This Amended and Restated Employment Agreement (the “Agreement”) is entered into as of March 2, 2021 by and among Hayward Industries, Inc. (the “Company”), Hayward Holdings, Inc. (the “Parent”) and Kevin P. Holleran (the “Executive”) (the Company, the Parent and the Executive, individually, a “Party” and, collectively, the “Parties”) and is effective as of the day prior to the date on which the Parent becomes subject to the reporting obligations of Section 12 of the Securities Exchange Act of 1934, as amended (the “Effective Date”). (Hereinafter the Company and the Parent together may be referred to as the “Companies.”) This Agreement amends and restates in its entirety the employment agreement by and among the Company, the Parent, and the Executive, effective as of August 12, 2019 (the “Prior Agreement”).
AMENDMENT NO. 3 TO FIRST LIEN CREDIT AGREEMENTFirst Lien Credit Agreement • March 9th, 2022 • Hayward Holdings, Inc. • Refrigeration & service industry machinery • New York
FIRST LIEN CREDIT AGREEMENT, dated as of August 4, 2017, as amended as of September 28, 2018, as further amended as of October 28, 2020 and as further amended and restated as of May 28, 2021 (this “Agreement”), by and among Hayward Industries, Inc., a New Jersey corporation (the “Borrower”), Hayward Intermediate, Inc., a Delaware corporation (“Holdings”), the Lenders from time to time party hereto including Bank of America, N.A. (“Bank of America”), in its capacities as administrative agent and collateral agent (the “Administrative Agent”) with Bank of America, BofA Securities, Inc. (“BofA Securities”) and Nomura Securities International, Inc. (“Nomura”) as joint lead arrangers and joint bookrunners (in such capacities, the “Arrangers” and each an “Arranger”).
HAYWARD HOLDINGS, INC. AMENDED AND RESTATED STOCKHOLDERS’ AGREEMENT DATED AS OF March 16, 2021Stockholders’ Agreement • March 9th, 2022 • Hayward Holdings, Inc. • Refrigeration & service industry machinery • Delaware
HAYWARD HOLDINGS, INC. 2021 EQUITY INCENTIVE PLAN Performance Stock Unit AgreementPerformance Stock Unit Agreement • March 9th, 2022 • Hayward Holdings, Inc. • Refrigeration & service industry machinery
This agreement (this “Agreement”) evidences a grant (the “Award”) of Performance Stock Units (“PSUs”) by Hayward Holdings, Inc., a Delaware corporation (the “Company”), to the individual named above (the “Participant”), pursuant to and subject to the terms of the Hayward Holdings, Inc. 2021 Equity Incentive Plan (as from time to time amended and in effect, the “Plan”). Except as otherwise defined herein, all capitalized terms used herein have the same meaning as in the Plan.
