AMENDMENT NO. 4 TO CREDIT AGREEMENTCredit Agreement • March 3rd, 2006 • Nalco Finance Holdings LLC • Miscellaneous chemical products • New York
OMNIBUS AMENDMENT TO RECEIVABLES PURCHASE AGREEMENT, RECEIVABLES TRANSFER AGREEMENT SUPPORT AGREEMENT AND PARENT GUARANTYReceivables Purchase Agreement • March 3rd, 2006 • Nalco Finance Holdings LLC • Miscellaneous chemical products • New York
BACKGROUND:Consulting Agreement • March 2nd, 2006 • Nalco Finance Holdings LLC • Miscellaneous chemical products • Illinois
EXHIBIT 10.60 NALCO HOLDING COMPANY 2004 STOCK INCENTIVE PLAN RESTRICTED STOCK UNIT AGREEMENTRestricted Stock Unit Agreement • March 3rd, 2006 • Nalco Finance Holdings LLC • Miscellaneous chemical products • New York
EXHIBIT 10.67 AMENDMENT NO. 5 THIS AMENDMENT NO. 5 TO THE RECEIVABLES TRANSFER AGREEMENT (the "Amendment") is entered into as of December 31, 2005 by and among Nalco Receivables LLC, as transferor (the "Transferor"), Nalco Company ("NALCO" and...Receivables Transfer Agreement • March 3rd, 2006 • Nalco Finance Holdings LLC • Miscellaneous chemical products • New York
EXHIBIT 10.37 NALCO HOLDING COMPANY 2004 STOCK INCENTIVE PLAN RESTRICTED STOCK UNIT AGREEMENTAgreement • March 24th, 2005 • Nalco Finance Holdings LLC • Miscellaneous chemical products • New York
CONCERNING NALCO LLCManagement Members Agreement • March 2nd, 2006 • Nalco Finance Holdings LLC • Miscellaneous chemical products • Delaware
FIRST AMENDMENT TO LIMITED LIABILITY COMPANY AGREEMENTLimited Liability Company Agreement • March 3rd, 2006 • Nalco Finance Holdings LLC • Miscellaneous chemical products • Delaware
AMENDMENT NO. 3 TO CREDIT AGREEMENTCredit Agreement • November 16th, 2005 • Nalco Finance Holdings LLC • Miscellaneous chemical products • New York
This AMENDMENT NO. 3 to CREDIT AGREEMENT, dated as of October 19, 2005 (this "Amendment"), is entered into among NALCO HOLDINGS LLC, a Delaware limited liability company ("Holdings"), NALCO COMPANY, a Delaware corporation (the "U.S. Borrower") and CITICORP NORTH AMERICA, INC., a Delaware corporation, in its capacity as administrative agent for the Lenders and as agent for the Secured Parties (in such capacity, the "Administrative Agent"), and amends the Credit Agreement dated as of November 4, 2003 (as amended to the date hereof and as the same may be further amended, supplemented or otherwise modified from time to time, the "Credit Agreement") entered into among Holdings, the U.S. Borrower, the institutions from time to time party thereto as Lenders (the "Lenders"), the Administrative Agent, Bank of America, N.A., as Documentation Agent, and Deutsche Bank Securities Inc., J.P. Morgan Securities Inc., Goldman Sachs Credit Partners L.P. and UBS Securities LLC, as Co-Syndication Agents a
NON PLAN INDUCEMENT AWARDNon Plan Inducement Award • March 12th, 2008 • Nalco Finance Holdings LLC • Miscellaneous chemical products • Illinois
THIS AGREEMENT (the “Agreement”), is made effective as of March 7, 2008 (the “Grant Date”), between Nalco Holding Company, a Delaware corporation (the “Company”), and J. Erik Fyrwald (“Fyrwald”).
Common Stock (par value $0.01 per share) Underwriting AgreementUnderwriting Agreement • November 6th, 2006 • Nalco Finance Holdings LLC • Miscellaneous chemical products • New York
The stockholders of Nalco Holding Company, a Delaware corporation (the “Company”), named in Schedule I hereto (the “Selling Stockholders”) propose, severally and not jointly, subject to the terms and conditions stated herein, to sell to Citigroup Global Markets Inc. (the “Underwriter”) an aggregate of 20,000,000 shares (the “Shares”) of Common Stock, par value $0.01 per share (“Stock”), of the Company.
MANAGEMENT MEMBERS AGREEMENT CONCERNING NALCO LLC DATED AS OF JUNE 11, 2004.Management Members Agreement • March 5th, 2007 • Nalco Finance Holdings LLC • Miscellaneous chemical products • Delaware
This MANAGEMENT MEMBERS AGREEMENT (the “Agreement”) dated as of June 11, 2004 by and among Nalco LLC (the “Company”), a Delaware limited liability company and the Persons who are or after the date hereof become signatories hereto (the “Management Members”).
RECEIVABLES PURCHASE AGREEMENT Dated as of June 22, 2007 among NALCO COMPANY as Seller and NALCO RECEIVABLES LLC as BuyerReceivables Purchase Agreement • June 26th, 2007 • Nalco Finance Holdings LLC • Miscellaneous chemical products • New York
NALCO COMPANY, a Delaware corporation (“Nalco Company”), as seller (the “Seller”), and NALCO RECEIVABLES LLC, a Delaware limited liability company (“Nalco Receivables”), as buyer (the “Buyer”), agree as follows:
AMENDMENT NO. 3 TO THE RECEIVABLES TRANSFER AGREEMENTReceivables Transfer Agreement • November 14th, 2005 • Nalco Finance Holdings LLC • Miscellaneous chemical products • New York
THIS AMENDMENT NO. 3 TO THE RECEIVABLES TRANSFER AGREEMENT (the "Amendment") is entered into as of September 30, 2005 by and among Nalco Receivables LLC, as transferor (the "Transferor"), Nalco Company ("NALCO" and together with the Transferor, the "Nalco Parties"), as Collection Agent, Park Avenue Receivables Company, LLC, as a CP Issuer and JPMorgan Chase Bank, N.A., as a Funding Agent, an APA Bank and as Administrative Agent. Defined terms used herein and not otherwise defined herein shall have the meaning given to them in the RTA (defined below).
RECEIVABLES TRANSFER AGREEMENT by and among NALCO RECEIVABLES LLC, as Transferor, NALCO COMPANY, as Collection Agent, BANK OF AMERICA, NATIONAL ASSOCIATION, as Administrative Agent and THE SEVERAL TRANSFEREES AND FUNDING AGENTS PARTY HERETO FROM TIME...Receivables Transfer Agreement • June 26th, 2007 • Nalco Finance Holdings LLC • Miscellaneous chemical products • New York
RECEIVABLES TRANSFER AGREEMENT (as amended, supplemented or otherwise modified and in effect from time to time, this “Agreement”), dated as of June 22, 2007, by and among NALCO RECEIVABLES LLC, a Delaware limited liability company, as transferor (in such capacity, the “Transferor”), NALCO COMPANY, a Delaware corporation, as collection agent (in such capacity, the “Collection Agent”), YC SUSI TRUST, a Delaware statutory trust (“SUSI Issuer”), and BANK OF AMERICA, NATIONAL ASSOCIATION, a national banking association (“Bank of America”), as a Funding Agent, an APA Bank and administrative agent for the benefit of the Transferees (in such capacity, the “Administrative Agent”).
NALCO HOLDING COMPANY RESTRICTED STOCK UNIT AGREEMENT2004 Stock Incentive Plan • May 27th, 2005 • Nalco Finance Holdings LLC • Miscellaneous chemical products • New York
THIS AGREEMENT, is made effective as of May 26, 2005 (the “Grant Date”), between Nalco Holding Company (the “Company”) and Richard B. Marchese (the “Participant”).
AMENDED AND RESTATED EMPLOYMENT AND CONSULTING AGREEMENTEmployment and Consulting Agreement • November 2nd, 2007 • Nalco Finance Holdings LLC • Miscellaneous chemical products • Illinois
EMPLOYMENT AND CONSULTING AGREEMENT (this “Agreement”), dated as of November 2, 2007 by and between Na1co Holding Company, a Delaware corporation (the “Company”), Nalco LLC, a Delaware limited liability company (“LLC”) and William H. Joyce (“Executive”).
NALCO HOLDING COMPANY AMENDED AND RESTATED 2004 STOCK INCENTIVE PLAN RESTRICTED STOCK UNIT AGREEMENTRestricted Stock Unit Agreement • February 11th, 2008 • Nalco Finance Holdings LLC • Miscellaneous chemical products • New York
WHEREAS, the Company has adopted the Plan (as defined below), the terms of which are hereby incorporated by reference and made a part of this Agreement; and
RECITALSRegistration Rights Agreement • March 2nd, 2006 • Nalco Finance Holdings LLC • Miscellaneous chemical products
AMENDMENT NO. 1 TO REGISTRATION RIGHTS AGREEMENT (the "Amendment"), dated as of December 30, 2005, by and among Nalco Holding Company, a Delaware corporation (the "Company"), Nalco LLC, a Delaware limited liability company ("Nalco LLC"), the Sponsor Members, the Management Members and the other Holders, to the Registration Rights Agreement (as amended, supplemented or otherwise modified, the "Agreement"), dated as of November 16, 2004.
AMENDMENT TO MANAGEMENT MEMBERS AGREEMENT CONCERNING NALCO LLC June 30, 2006Management Members Agreement • March 5th, 2007 • Nalco Finance Holdings LLC • Miscellaneous chemical products
This Amendment to Management Members Agreement (the “Amendment”) is made between Nalco LLC (the “Company” or “Nalco”) and Philippe F. Creteur (“Mr. Creteur”).
DEATH BENEFIT AGREEMENT Gregory N. NelsonDeath Benefit Agreement • March 5th, 2007 • Nalco Finance Holdings LLC • Miscellaneous chemical products • Illinois
THIS AGREEMENT, effective January 17, 2005, between Nalco Company (hereinafter “Nalco”), a corporation organized and existing under the laws of Delaware, and Gregory N. Nelson name (hereinafter “Executive”).
NALCO HOLDING COMPANY FORM OF NONQUALIFIED STOCK OPTION AGREEMENT2004 Stock Incentive Plan • March 5th, 2007 • Nalco Finance Holdings LLC • Miscellaneous chemical products • New York
THIS AGREEMENT, is made effective as of May 6, 2005 (the “Date of Grant”), between Nalco Holding Company (the “Company”) and Gregory N. Nelson (the “Participant”).
