AGREEMENTSEmployment Agreement • May 22nd, 1998 • DXP Enterprises Inc • Wholesale-industrial machinery & equipment • Texas
RECITALSLoan and Security Agreement • May 14th, 1998 • DXP Enterprises Inc • Wholesale-industrial machinery & equipment • Texas
ARTICLE II AMENDMENTS TO LOAN AGREEMENTLoan and Security Agreement • May 14th, 1998 • DXP Enterprises Inc • Wholesale-industrial machinery & equipment • Texas
1 EXHIBIT 1.1 UNDERWRITING AGREEMENT FOR THE OFFERING OF 1,700,000 UNITS OF DXP ENTERPRISES, INC. EACH CONSISTING OF ONE SHARE OF COMMON STOCKUnderwriting Agreement • February 8th, 1999 • DXP Enterprises Inc • Wholesale-industrial machinery & equipment • New York
1 EXHIBIT 10.2 LOAN AND SECURITY AGREEMENT THIS LOAN AND SECURITY AGREEMENT is made effective as of the 16th day of June, 1997, by and between FLEET CAPITAL CORPORATION ("Lender"), a Rhode Island corporation with an office at 2711 North Haskell, Suite...Loan and Security Agreement • November 17th, 1997 • DXP Enterprises Inc • Wholesale-industrial machinery & equipment • Texas
1 EXHIBIT 10.48 CONSULTING AGREEMENTConsulting Agreement • February 8th, 1999 • DXP Enterprises Inc • Wholesale-industrial machinery & equipment • New York
1 EXHIBIT 10.12Loan and Security Agreement • November 17th, 1997 • DXP Enterprises Inc • Wholesale-industrial machinery & equipment • Texas
INDEMNIFICATION AGREEMENTIndemnification Agreement • May 13th, 2022 • DXP Enterprises Inc • Wholesale-industrial machinery & equipment • Texas
THIS INDEMNIFICATION AGREEMENT (“Agreement”) is made as of April 29, 2021 by and between DXP Enterprises, Inc., a Texas corporation (the “Company”), and DXP Enterprises, Inc. Board Member/s (“Indemnitee”). This Agreement supersedes and replaces any and all previous agreements between the Company and Indemnitee covering the subject matter of this Agreement.
RECITALSEmployment Agreement • August 10th, 1998 • DXP Enterprises Inc • Wholesale-industrial machinery & equipment
CREDIT AGREEMENT dated as of August 28, 2008 among DXP ENTERPRISES, INC. The Lenders From Time to Time Party Hereto and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Lead Arranger and Administrative Agent and BANK OF AMERICA, N.A., as Syndication AgentCredit Agreement • July 27th, 2011 • DXP Enterprises Inc • Wholesale-industrial machinery & equipment • Texas
CREDIT AGREEMENT (as amended, modified, restated, supplemented and in effect from time to time, herein called this “Agreement”) dated as of August 28, 2008 (the “Effective Date”), among DXP ENTERPRISES, INC., a Texas corporation, the LENDERS party hereto, BANK OF AMERICA, N.A., as Syndication Agent, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Lead Arranger and Administrative Agent for the Lenders.
RECITALSEmployment Agreement • May 22nd, 1998 • DXP Enterprises Inc • Wholesale-industrial machinery & equipment
Common Stock, $0.01 Par Value Underwriting AgreementUnderwriting Agreement • October 31st, 2016 • DXP Enterprises Inc • Wholesale-industrial machinery & equipment • New York
DXP Enterprises, Inc., a Texas corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of 2,160,000 shares (the “Firm Shares”) and, at the election of the Underwriters, up to 324,000 additional shares (the “Optional Shares”) of Common Stock (“Stock”) of the Company (the Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof being collectively called the “Shares”).
INDENTURE DATED AS OF _____, 200___ BETWEEN DXP ENTERPRISES, INC. as Issuer, AND as Trustee Providing for Issuance of Debt Securities in SeriesDXP Enterprises Inc • May 6th, 2010 • Wholesale-industrial machinery & equipment • New York
THIS INDENTURE, dated as of ______, 200__, between DXP Enterprises, Inc., a corporation duly organized and existing under the laws of the State of Texas (herein called the “Company”), having its principal office at 7272 Pinemont Drive, Houston, Texas 77040, and __________________, a ____________________, as trustee (herein called the “Trustee”).
RECITALSLoan and Security Agreement • May 15th, 2001 • DXP Enterprises Inc • Wholesale-industrial machinery & equipment • Texas
RECITALSEmployment Agreement • May 22nd, 1998 • DXP Enterprises Inc • Wholesale-industrial machinery & equipment
RECITALSLoan and Security Agreement • November 14th, 2000 • DXP Enterprises Inc • Wholesale-industrial machinery & equipment • Texas
RECITALSLoan and Security Agreement • May 14th, 1999 • DXP Enterprises Inc • Wholesale-industrial machinery & equipment • Texas
1 EXHIBIT 2.1 ASSET PURCHASE AGREEMENTAsset Purchase Agreement • June 17th, 1997 • DXP Enterprises Inc • Wholesale-industrial machinery & equipment • Texas
1 EXHIBIT 10.13 AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • October 1st, 1996 • Index Inc • Wholesale-industrial machinery & equipment • Texas
RECITALSLoan and Security Agreement • August 10th, 1998 • DXP Enterprises Inc • Wholesale-industrial machinery & equipment • Texas
ARTICLE II AMENDMENTS TO LOAN AGREEMENTLoan and Security Agreement • November 17th, 1997 • DXP Enterprises Inc • Wholesale-industrial machinery & equipment • Texas
SUBORDINATED INDENTURE DATED AS OF _____, 200__ BETWEEN DXP ENTERPRISES, INC. as Issuer, AND as Trustee Providing for Issuance of Debt Securities in SeriesSubordinated Indenture • May 6th, 2010 • DXP Enterprises Inc • Wholesale-industrial machinery & equipment • New York
TABLE OF CONTENTS RECITALS 1 ARTICLE 1 DEFINITIONS AND OTHER PROVISIONS OF GENERAL APPLICATION 1 SECTION 1.01. Definitions 1 SECTION 1.02. Compliance Certificates and Opinions 7 SECTION 1.03. Forms of Documents Delivered to Trustee 8 SECTION 1.04. Acts of Holders; Record Dates 9 SECTION 1.05. Notices, Etc., to Trustee and Company 10 SECTION 1.06. Notice to Holders; Waiver 11 SECTION 1.07. Conflict with Trust Indenture Act 11 SECTION 1.08. Effect of Headings and Table of Contents 11 SECTION 1.09. Successors and Assigns 11 SECTION 1.10. Separability Clause 11 SECTION 1.11. Benefits of Indenture 12 SECTION 1.12. Governing Law 12 SECTION 1.13. Legal Holidays 12 SECTION 1.14. Incorporators, Shareholders, Directors, Officers and Employees of the Company Exempt from Individual Liability 12 ARTICLE II SECURITY FORM 13 SECTION 2.01 Forms Generally 13 SECTION 2.02 Form of Face of Security 13 SECTION 2.03 Form of Reverse of Security 16 SECTION 2.04 Form of Legend for Global Securities 20 SECTION
EXHIBIT 10.16 CONTINUING GUARANTY AGREEMENT [Indebtedness of Pelican State Supply Company, Inc. - Bayou Pumps, Inc.] FOR VALUE RECEIVED the undersigned (hereinafter referred to as "Guarantor") guarantees unconditionally the full and prompt payment to...Continuing Guaranty Agreement • November 17th, 1997 • DXP Enterprises Inc • Wholesale-industrial machinery & equipment • Texas
CREDIT AGREEMENT dated as of July 11, 2012, by and among DXP ENTERPRISES, INC., as US Borrower, DXP CANADA ENTERPRISES LTD., as Canadian Borrower, the Lenders referred to herein, as Lenders, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as...Credit Agreement • July 13th, 2012 • DXP Enterprises Inc • Wholesale-industrial machinery & equipment • New York
CREDIT AGREEMENT, dated as of July 11, 2012, by and among DXP ENTERPRISES, INC., a Texas corporation, as US Borrower, DXP CANADA ENTERPRISES LTD., a corporation organized under the laws of British Columbia, Canada, as Canadian Borrower, the lenders who are party to this Agreement and the lenders who may become a party to this Agreement pursuant to the terms hereof, as Lenders, and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as Administrative Agent for the Lenders.
DXP ENTERPRISES, INC. Common Stock ($0.01 par value) EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • September 16th, 2013 • DXP Enterprises Inc • Wholesale-industrial machinery & equipment • New York
The undersigned, the duly qualified and elected _______________________, of DXP ENTERPRISES, INC. (“Company”), a Texas corporation, does hereby certify in such capacity and on behalf of the Company, pursuant to Section 7(n) of the Equity Distribution Agreement dated September 16, 2013 (the “Agreement”) between the Company and Liquidnet, Inc. (“Liquidnet”):
EXHIBIT 4.3 WARRANT AGREEMENT THIS AGREEMENT, dated this ____ day of February, 1999 by and between DXP ENTERPRISES, INC., a Texas corporation (the "Company"), and AMERICAN STOCK TRANSFER & TRUST COMPANY, as Warrant Agent (the "Warrant Agent"). W I T N...Warrant Agreement • February 8th, 1999 • DXP Enterprises Inc • Wholesale-industrial machinery & equipment • New York
PLACEMENT AGENCY AGREEMENTPlacement Agency Agreement • May 31st, 2007 • DXP Enterprises Inc • Wholesale-industrial machinery & equipment • New York
DXP Enterprises, Inc., a Texas corporation (the “Company”), proposes to sell to certain investors (collectively, the “Investors”) up to an aggregate of 1,000,000 shares (the “Shares”) of Common Stock, $.01 par value per share (the “Common Stock”), of the Company. Pursuant to this Agreement, the Company engages Stephens Inc. (the “Placement Agent”) as the exclusive placement agent in connection with the sale of the Shares. The Shares are described in the Prospectus that is referred to below.
AMENDED AND RESTATED CREDIT AGREEMENT dated as of January 2, 2014, by and among DXP ENTERPRISES, INC., as US Borrower, DXP CANADA ENTERPRISES LTD., as Canadian Borrower, the Lenders referred to herein, as Lenders, and WELLS FARGO BANK, NATIONAL...Credit Agreement • January 6th, 2014 • DXP Enterprises Inc • Wholesale-industrial machinery & equipment • New York
AMENDED AND RESTATED CREDIT AGREEMENT, dated as of January 2, 2014, by and among DXP ENTERPRISES, INC., a Texas corporation, as US Borrower, DXP CANADA ENTERPRISES LTD., a corporation organized under the laws of British Columbia, Canada, as Canadian Borrower, the lenders who are party to this Agreement and the lenders who may become a party to this Agreement pursuant to the terms hereof, as Lenders, and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as Administrative Agent for the Lenders.
STOCK PURCHASE AGREEMENT by and among DXP ENTERPRISES, INC., PRECISION INDUSTRIES, INC. and THE SELLING STOCKHOLDERS Dated as of August 19, 2007Stock Purchase Agreement • August 21st, 2007 • DXP Enterprises Inc • Wholesale-industrial machinery & equipment • Nebraska
This STOCK PURCHASE AGREEMENT, dated August 19, 2007 (the “Agreement”), by and among DXP Enterprises, Inc., a corporation existing under the laws of Texas (“Purchaser”), Precision Industries, Inc., a Nebraska corporation, (the “Company”), and the stockholders of the Company listed on the signature pages hereof under the heading “Selling Stockholders” (collectively, the “Selling Stockholders”).
1 EXHIBIT 10.47 Dated: February ____, 1999 170,000 UNDERWRITERS' WARRANTS UNDERWRITERS' WARRANT THIS CERTIFIES THAT J.P. Turner & Company, L.L.C., Millenium Financial Group, Inc. And HD Brous & Co., Inc. (referred to hereinafter as either the...DXP Enterprises Inc • February 8th, 1999 • Wholesale-industrial machinery & equipment
ASSET PURCHASE AGREEMENT Between DXP ENTERPRISES, INC. (“Buyer”) and D&F DISTRIBUTORS, INC. (“Seller”) and THE SHAREHOLDERS NOVEMBER 22, 2010Asset Purchase Agreement • November 23rd, 2010 • DXP Enterprises Inc • Wholesale-industrial machinery & equipment • Texas
AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT Dated as of July 19, 2022 DXP ENTERPRISES, INC., DXP HOLDINGS, INC., APO PUMPS & COMPRESSORS, LLC, TOTAL EQUIPMENT COMPANY, CARTER & VERPLANCK, LLC and CISCO AIR SYSTEMS, INC., as U.S. Borrowers DXP...Loan and Security Agreement • July 25th, 2022 • DXP Enterprises Inc • Wholesale-industrial machinery & equipment • New York
THIS AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT is dated as of July 19, 2022 (this “Agreement”), among DXP ENTERPRISES, INC., a Texas corporation (the “Company”), DXP HOLDINGS, INC., a Texas corporation (“DXP Holdings”), APO PUMPS & COMPRESSORS, LLC, a Delaware limited liability company (“APO”), TOTAL EQUIPMENT COMPANY, a Pennsylvania corporation (“Total”), CARTER & VERPLANCK, LLC, a Florida limited liability company (“Carter”), CISCO AIR SYSTEMS, INC., a California corporation (“Cisco”, together with the Company, DXP Holdings, APO, Total and Carter, collectively, the “U.S. Borrowers” and each a “U.S. Borrower”), DXP CANADA ENTERPRISES LTD., a corporation organized under the laws of British Columbia, Canada, (“DXP Canada”), INDUSTRIAL PARAMEDIC SERVICES LTD., a corporation amalgamated under the laws of Alberta, Canada (“IPS”), HSE INTEGRATED LTD., a corporation amalgamated under the laws of Alberta, Canada (“HSE”) and NATIONAL PROCESS EQUIPMENT INC., a corporation incorporated un
DXP Enterprises, Inc. Shares of Common Stock (par value $0.01 per share) EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • May 12th, 2020 • DXP Enterprises Inc • Wholesale-industrial machinery & equipment • New York
DXP Enterprises, Inc., a Texas corporation (the “Company”), hereby confirms its agreement (this “Agreement”) with BMO Capital Markets Corp., a Delaware corporation (“BMOCM”), with respect to the issuance and sale from time to time by the Company of shares (the “Shares”) of the Company’s common stock, par value $0.01 per share (the “Common Stock”), having an aggregate offering price of up to $37.5 million (the “Maximum Amount”) through or to BMOCM, as sales agent or principal, on the terms and subject to the conditions set forth in this Agreement.
TERM LOAN AND SECURITY AGREEMENT Dated as of December 23, 2020 DXP Enterprises, Inc. as Borrower THE OTHER PERSONS PARTY HERETO FROM TIME TO TIME, as Guarantors GOLDMAN SACHS BANK USA, as Administrative Agent and CERTAIN FINANCIAL INSTITUTIONS, as...Term Loan and Security Agreement • December 30th, 2020 • DXP Enterprises Inc • Wholesale-industrial machinery & equipment • New York
Exhibit C-1 U.S. Tax Compliance Certificate (For Foreign Lenders That Are Not Partnerships For U.S. Federal Income Tax Purposes)
DXP ENTERPRISES, INC. RESTRICTED STOCK AWARD AGREEMENTRestricted Stock Award Agreement • August 19th, 2016 • DXP Enterprises Inc • Wholesale-industrial machinery & equipment • Texas
This RESTRICTED STOCK AWARD AGREEMENT (this “Agreement”) is entered into by and between DXP Enterprises, Inc., a Texas corporation (the “Company”), and [RECIPIENT NAME] (the “Recipient”), pursuant to the terms and conditions of the DXP Enterprises, Inc. 2016 Omnibus Incentive Plan, as it may be amended from time to time (the “Plan”), a copy of which has previously been made available to the Recipient and the terms and provisions of which are incorporated by reference herein. Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Plan.