NEITHER THIS STOCK PURCHASE WARRANT NOR THE SECURITIES ISSUABLE UPON ITS EXERCISE OR CONVERSION HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "ACT"), OR ANY APPLICABLE STATE SECURITIES LAW AND MAY NOT BE TRANSFERRED UNTIL (I)...Stock Purchase Warrant • May 31st, 2005 • Home Solutions of America Inc • Services-management services • Delaware
This STOCK PURCHASE WARRANT (the "Warrant") is issued as of this 27th day of May, 2005 by HOME SOLUTIONS OF AMERICA, INC., a Delaware corporation (the "Company"), to PATRIOT CAPITAL, L.P., a Delaware limited partnership (Patriot Capital, L.P. and any subsequent assignee or transferee hereof are hereinafter referred to collectively as "Holder" or "Holders").
JOINDER TO AND AMENDMENT OF INVESTORS' RIGHTS AGREEMENTInvestors' Rights Agreement • May 31st, 2005 • Home Solutions of America Inc • Services-management services • Delaware
This JOINDER TO AND AMENDMENT OF INVESTORS' RIGHTS AGREEMENT dated as of May 27, 2005 is made by and among PATRIOT CAPITAL, L.P., a Delaware limited partnership (the "Additional Investor"), PETRA MEZZANINE FUND, L.P., a Delaware limited partnership ("Petra"), LADDCAP VALUE PARTNERS L.P., a Delaware limited partnership ("Laddcap"), HOME SOLUTIONS OF AMERICA, INC., a Delaware corporation (the "Company") and FRANK J. FRADELLA and RICK J. O'BRIEN (collectively, the "Management Stockholders"). The Company, Petra and the Management Stockholders are parties to an Investors' Rights Agreement dated as of March 31, 2005 (as amended, restated, modified, substituted, extended and renewed from time to time, the "Investors' Rights Agreement") and wish to provide for the Additional Investor to become party thereto and amend certain terms and provisions of that Investors' Rights Agreement. Accordingly, the parties hereto hereby agree as follows:
AMENDED AND RESTATED LOAN AGREEMENTAmended and Restated Loan Agreement • May 31st, 2005 • Home Solutions of America Inc • Services-management services • Tennessee
THIS AMENDED AND RESTATED LOAN AGREEMENT ("Agreement"), dated May 27, 2005, is made and entered into on the terms and conditions hereinafter set forth, by and among HOME SOLUTIONS OF AMERICA, INC., a Delaware corporation (the "Borrower"), those lenders who are or become parties to this Agreement (collectively, the "Lenders" and, individually, a "Lender") and PETRA MEZZANINE FUND, L.P., a Delaware limited partnership, as administrative agent for the Lenders (in such capacity, the "Administrative Agent").
