PREFERRED STOCK PURCHASE AGREEMENTPreferred Stock Purchase Agreement • July 10th, 2008 • Home Solutions of America Inc • Services-management services • New York
THIS PREFERRED STOCK PURCHASE AGREEMENT (“Agreement”) dated as of the 3rd day of July, 2008, is entered into by and between Home Solutions of America, Inc., a Delaware corporation (the “Company”), and the entities listed on Schedule 1 hereto (each, a “Purchaser” and collectively, the “Purchasers”).
ASSET PURCHASE AGREEMENT among PW STEPHENS, INC. as Seller HOME SOLUTIONS OF AMERICA, INC. as Parent and P.W. STEPHENS ENVIRONMENTAL, INC. as Buyer dated as of July 3, 2008Asset Purchase Agreement • July 10th, 2008 • Home Solutions of America Inc • Services-management services • Maryland
THIS ASSET PURCHASE AGREEMENT (this “Agreement”) is entered into as of July 3, 2008 (the “Effective Date”) among PW STEPHENS, INC., a California corporation (“Seller”), Home Solutions of America, Inc., a Delaware corporation (“Parent”), and P.W. STEPHENS ENVIRONMENTAL, INC., a Delaware corporation (“Buyer”). Seller, Parent and Buyer are sometimes referred to herein interchangeably and collectively, as context requires, as a “Party” or the “Parties.”
July 1, 2008Forbearance Agreement • July 10th, 2008 • Home Solutions of America Inc • Services-management services
We refer to (i) the Credit Agreement dated as of November 1, 2006, (ii) the Forbearance Agreement dated as of February 6, 2008 (iii) Amendment No. 1 to Forbearance Agreement dated on or about June 3, 2008 and (iv) proposed Amendment No. 2 to Forbearance Agreement (the “Second Amendment”), each of which is among Home Solutions of America, Inc. (“HSOA”), the guarantors named therein, the lenders party thereto (the “Lenders”) and Texas Capital Bank, National Association, as administrative agent (the “Agent”).
AMENDMENT NO. 2 TO FORBEARANCE AGREEMENTForbearance Agreement • July 10th, 2008 • Home Solutions of America Inc • Services-management services
AMENDMENT NO. 2 TO FORBEARANCE AGREEMENT, dated as of June 27, 2008 (this “Amendment”), among (a) Home Solutions of America, Inc., a Delaware corporation (the “Borrower”), (b) each of the lenders party hereto (individually, together with its successors and assigns, a “Lender” and collectively, the “Lenders”), (c) each of the Debtors set forth in the Pledge and Security Agreement dated as of November 1, 2006 (collectively, the “Debtors” or each, a “Debtor”), (d) the Guarantors (as such term is defined in the Credit Agreement) (collectively, with the Debtors and the Borrower, the “Credit Parties” and each, individually, a “Credit Party”) and (e) Texas Capital Bank, National Association, as Lender, Administrative Agent, Arranger and Sole Bookrunner (the “Agent”).
