0000950123-05-010082 Sample Contracts

RECAPITALIZATION AGREEMENT dated as of August 17, 2005 among DIAMOND TRIUMPH AUTO GLASS, INC., KENNETH LEVINE and GREEN EQUITY INVESTORS II, L.P.
Recapitalization Agreement • August 18th, 2005 • Diamond Triumph Auto Glass Inc • Services-automotive repair, services & parking • Delaware

THIS RECAPITALIZATION AGREEMENT (the “Agreement”), dated as of August 17, 2005, is entered into by and among Diamond Auto Triumph Glass, Inc., a Delaware corporation (the “Company”), Kenneth Levine, an individual (“Levine”), and Green Equity Investors II, L.P., a Delaware limited partnership (“GEI”).

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DIAMOND TRIUMPH AUTO GLASS, INC. as Issuer and FIRST SUPPLEMENTAL INDENTURE Dated as of August 16, 2005 to the INDENTURE Dated as of March 31, 1998 91/4% Senior Notes due 2008
First Supplemental Indenture • August 18th, 2005 • Diamond Triumph Auto Glass Inc • Services-automotive repair, services & parking

This FIRST SUPPLEMENTAL INDENTURE, dated as of August 16, 2005 (this “Supplemental Indenture”), to the Indenture (as defined below) is entered into by and between DIAMOND TRIUMPH AUTO GLASS, INC., a Delaware corporation (the “Company”) and U.S. BANK NATIONAL ASSOCIATION (as successor in interest to State Street Bank and Trust Company), as Trustee (the “Trustee”). Defined terms used herein and not otherwise defined herein shall have the meanings given in the Indenture.

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