EXHIBIT 4.4 ___________________________________________________________________ _____________ _________________________________________________________________ _______________ FIRST SUPPLEMENTAL TRUST INDENTUREOcean Bio Chem Inc • March 31st, 2005 • Specialty cleaning, polishing and sanitation preparations
NET LEASE ---------Lease Agreement • March 31st, 2005 • Ocean Bio Chem Inc • Specialty cleaning, polishing and sanitation preparations
BETWEENOcean Bio Chem Inc • March 31st, 2005 • Specialty cleaning, polishing and sanitation preparations
BY AND AMONG OCEAN BIO-CHEM, INC., STAR-BRITE DISTRIBUTING, INC., STAR BRITE AUTOMOTIVE, INC., STAR BRITE DISTRIBUTING (CANADA), INC. AND KINPACK INC. AND REGIONS BANKSecurity Agreement • March 31st, 2005 • Ocean Bio Chem Inc • Specialty cleaning, polishing and sanitation preparations • Alabama
EXTENSION AGREEMENTExtension Agreement • March 31st, 2005 • Ocean Bio Chem Inc • Specialty cleaning, polishing and sanitation preparations
EXHIBIT 4.5 TRUST INDENTUREOcean Bio Chem Inc • March 31st, 2005 • Specialty cleaning, polishing and sanitation preparations
BY AND AMONGCredit Agreement • March 31st, 2005 • Ocean Bio Chem Inc • Specialty cleaning, polishing and sanitation preparations • Alabama
RESTATED LEASE AGREEMENT BETWEEN THE INDUSTRIAL DEVELOPMENT BOARD OF THE CITY OF MONTGOMERY AND KINPAK INC.Lease Agreement • March 31st, 2005 • Ocean Bio Chem Inc • Specialty cleaning, polishing and sanitation preparations
EXHIBIT 10.8 CREDIT AGREEMENT IRREVOCABLE LETTER OF CREDIT NO. 24057 DATED JULY 22, 2002 Beneficiary: Regions Bank as Trustee under the Indenture referred to below 60 Commerce Street Montgomery, Alabama 36104 Attention: Corporate Trust Department Dear...Credit Agreement • March 31st, 2005 • Ocean Bio Chem Inc • Specialty cleaning, polishing and sanitation preparations
AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • June 22nd, 2022 • Ocean Bio Chem Inc • Specialty cleaning, polishing and sanitation preparations • Florida
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”), is entered into as of June 21, 2022, by and among OCEAN BIO-CHEM, INC., a Florida corporation (the “Company”), ONEWATER MARINE INC., a Delaware corporation (“Parent”), and OBCMS, INC., a Florida corporation and a wholly owned Subsidiary of Parent (“Merger Sub”). Capitalized terms used herein (including in the immediately preceding sentence) and not otherwise defined herein shall have the meanings set forth in Exhibit A attached hereto.
BY AND AMONGLeases and Security Agreement • March 31st, 2005 • Ocean Bio Chem Inc • Specialty cleaning, polishing and sanitation preparations • Alabama
EXHIBIT 2.1Asset Purchase Agreement • March 12th, 1996 • Ocean Bio Chem Inc • Specialty cleaning, polishing and sanitation preparations • Alabama
BUSINESS LOAN AGREEMENT (ASSET BASED)Business Loan Agreement • November 14th, 2017 • Ocean Bio Chem Inc • Specialty cleaning, polishing and sanitation preparations
THIS BUSINESS LOAN AGREEMENT (ASSET BASED) dated August 31, 2017, is made and executed between OCEAN BIO-CHEM, INC. (“Borrower”) and REGIONS BANK (“Lender”) on the following terms and conditions. Borrower has received prior commercial loans from Lender or has applied to Lender for a commercial loan or loans or other financial accommodations, including those which may be described on any exhibit or schedule attached to this Agreement. Borrower understands and agrees that: (A) in granting, renewing, or extending any Loan, Lender is relying upon Borrower’s representations, warranties, and agreements as set forth in this Agreement; (B) the granting, renewing, or extending of any Loan by Lender at all times shall be subject to Lender’s sole judgment and discretion; and (C) all such Loans shall be and remain subject to the terms and conditions of this Agreement.
OPERATING AGREEMENT OF ODORSTAR TECHNOLOGY, LLC a Florida Limited Liability Company (Adopted Effective as of May 4, 2010)Operating Agreement • March 31st, 2011 • Ocean Bio Chem Inc • Specialty cleaning, polishing and sanitation preparations • Florida
The undersigned Members of ODORSTAR TECHNOLOGY, LLC, a Florida limited liability company (“Company”), hereby adopt the following Limited Liability Company Agreement (“Agreement”) which shall govern and control the management and regulation of the affairs of the Company, effective as of May 4, 2010 (“Effective Date”).
August 31, 2017 Mr. Jeffrey Barocas Ocean Bio-Chem, Inc.Ocean Bio Chem Inc • November 14th, 2017 • Specialty cleaning, polishing and sanitation preparations
SECOND SUPPLEMENTAL LEASE AGREEMENT BETWEEN THE INDUSTRIAL DEVELOPMENT BOARD OF THE CITY OF MONTGOMERY AND KINPAK INC.Supplemental Lease Agreement • March 31st, 2005 • Ocean Bio Chem Inc • Specialty cleaning, polishing and sanitation preparations
BUSINESS LOAN AGREEMENT (ASSET BASED)Business Loan Agreement • March 31st, 2011 • Ocean Bio Chem Inc • Specialty cleaning, polishing and sanitation preparations • Alabama
THIS BUSINESS LOAN AGREEMENT (ASSET BASED) dated June 1, 2010, is made and executed between OCEAN BIO CHEM INC (“Borrower”) and REGIONS BANK (“Lender”) on the following terms and conditions. Borrower has received prior commercial loans from Lender or has applied to Lender for a commercial loan or loans or other financial accommodations, Including those which may be described on any exhibit or schedule attached to this Agreement. Borrower understands and agrees that: (A) In granting, renewing, or extending any Loan, Lender is relying upon Borrower’s representations, warranties, and agreements as set forth in this Agreement; (B) the granting, renewing, or extending of any Loan by Lender at all times shall be subject to Lender’s sole judgment and discretion; and (C) all such Loans shall be and remain subject to the terms and conditions of this Agreement.
GUARANTY AGREEMENTGuaranty Agreement • August 16th, 2021 • Ocean Bio Chem Inc • Specialty cleaning, polishing and sanitation preparations • Alabama
THIS GUARANTY AGREEMENT (“this Agreement”), made as of the ___th day of July, 2021 by Ocean Bio-Chem, Inc., a Florida corporation (the “Guarantor”) with Regions Bank, an Alabama banking corporation (the “Bank”).
August 5, 2014 Mr. Jeff Barocas Ocean Bio-Chem, Inc.Ocean Bio Chem Inc • August 8th, 2014 • Specialty cleaning, polishing and sanitation preparations
GUARANTY AGREEMENTGuaranty Agreement • October 2nd, 2017 • Ocean Bio Chem Inc • Specialty cleaning, polishing and sanitation preparations • Alabama
THIS GUARANTY AGREEMENT (this “Guaranty”) is executed as of September 1, 2017, by OCEAN BIO-CHEM, INC., a Florida corporation (“OBC”), and its consolidated subsidiaries a party hereto (collectively with OBC, the “Guarantor”), in favor of REGIONS CAPITAL ADVANTAGE, INC., a Tennessee corporation (the “Lender”).
This instrument prepared by and upon recording return to: James L. Webb Bradley Arant Boult Cummings LLP One Federal PlaceOcean Bio Chem Inc • October 2nd, 2017 • Specialty cleaning, polishing and sanitation preparations • Alabama
SECOND RESTATED LEASE AGREEMENT between THE INDUSTRIAL DEVELOPMENT BOARD OF THE CITY OF MONTGOMERY and KINPAK INC. Relating to The Industrial Development Board of the City of Montgomery $4,500,000 Industrial Development Revenue Bonds (KINPAK INC....Lease Agreement • October 2nd, 2017 • Ocean Bio Chem Inc • Specialty cleaning, polishing and sanitation preparations
This SECOND RESTATED LEASE AGREEMENT (as the same may hereafter be amended or supplemented, this “Lease”) made and entered into as of September 1, 2017, between THE INDUSTRIAL DEVELOPMENT BOARD OF THE CITY OF MONTGOMERY, its successors and assigns (the “IDB”), a public corporation organized under the laws of the State of Alabama (the “State”), and KINPAK INC:, an Alabama corporation, its successors and assigns (the “Company”), under the circumstances summarized in the following recitals (the capitalized terms not defined in the recitals being used therein as defined in Article •I hereof):
CREDIT AGREEMENTCredit Agreement • August 16th, 2021 • Ocean Bio Chem Inc • Specialty cleaning, polishing and sanitation preparations • Alabama
THIS CREDIT AGREEMENT is made and entered into this 20th day of July 2021, by and between: Kinpak Inc., an Alabama Corporation (hereinafter “Borrower”); and Regions Bank, an Alabama banking corporation (hereinafter referred to as the “Bank”).
November 17, 2016 Mr. Jeffrey Barocas Ocean Bio-Chem, Inc. Ft. Lauderdale, FL 33314 Dear Jeff:Security Agreement • March 31st, 2017 • Ocean Bio Chem Inc • Specialty cleaning, polishing and sanitation preparations
The purpose of this letter is to document an agreement between Ocean Bio-Chem, Inc. and Regions Bank regarding specific terms and conditions relating to the renewal of a $4,000,000 line of credit. These terms presented below will supersede any conflicting language in the Business Loan Agreement (BLA), the Promissory Note (Note) and Commercial Security Agreement (Security Agreement), each dated November 17th, 2016. Capitalized terms not defined in this letter will have the meanings ascribed to them in the BLA, the Note or the Security Agreement, as applicable.
FIRST SUPPLEMENTAL LEASE AGREEMENT BETWEEN THE INDUSTRIAL DEVELOPMENT BOARD OF THE CITY OF MONTGOMERY AND KINPAK INC. INDEX -----First Supplemental Lease Agreement • March 31st, 2005 • Ocean Bio Chem Inc • Specialty cleaning, polishing and sanitation preparations
R E C I T A L S:Credit Agreement • March 31st, 2005 • Ocean Bio Chem Inc • Specialty cleaning, polishing and sanitation preparations
AMENDMENT NUMBER TWO TO NET LEASEOcean Bio Chem Inc • March 31st, 2014 • Specialty cleaning, polishing and sanitation preparations
This Amendment Number Two to Net Lease is made and entered into as of this 16 day of May, 2013, by and between PEJE, INC. as Landlord and:
August 31, 2018 Mr. Jeffrey Barocas Ocean Bio-Chem, Inc. Ft. Lauderdale, FL 33314 Dear Jeff:Ocean Bio Chem Inc • November 14th, 2018 • Specialty cleaning, polishing and sanitation preparations
The purpose of this letter is to document an agreement between Ocean Bio-Chem, Inc. and Regions Bank regarding specific terms and conditions relating to the renewal of a $6,000,000 line of credit. The terms presented below will supersede any conflicting language in the Promissory Note (Note), Business Loan Agreement (BLA), and Commercial Security Agreement (Security Agreement), each to be dated August 31, 2018. Capitalized terms not defined in this letter will have the meanings ascribed to them in the Note, BLA, or the Security Agreement, as applicable.
