SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • August 9th, 2005 • Modtech Holdings Inc • Prefabricated wood bldgs & components • New York
SECURITIES PURCHASE AGREEMENT (this “Agreement”), dated as of August 5, 2005, by and among Modtech Holdings, Inc., a Delaware corporation, with headquarters located at 2830 Barrett Avenue, Perris, California 92751 (the “Company”), and the investors listed on the Schedule of Buyers attached hereto (each, a “Buyer” and collectively, the “Buyers”).
FIRST AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • August 9th, 2005 • Modtech Holdings Inc • Prefabricated wood bldgs & components • New York
This FIRST AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of August 5, 2005, by and among Modtech Holdings, Inc., a Delaware corporation, with headquarters located at 2830 Barrett Avenue, Perris, California 92571 (the “Company”), and the undersigned buyers (each, a “Buyer”, and collectively, the “Buyers”).
CONSENT, WAIVER, AMENDMENT AND EXCHANGE AGREEMENTAmendment and Exchange Agreement • August 9th, 2005 • Modtech Holdings Inc • Prefabricated wood bldgs & components
CONSENT, WAIVER, AMENDMENT AND EXCHANGE AGREEMENT (this “Agreement”), dated as of August 5, 2005, by and between Modtech Holdings, Inc., a Delaware corporation, with headquarters located at 2830 Barrett Avenue, Perris, California 92571 (the “Company”), and Amphora Limited, a Cayman Islands company (the “Investor”).
FIRST AMENDMENT AND WAIVER OF FINANCING AGREEMENTFirst Amendment and Waiver of Financing Agreement • August 9th, 2005 • Modtech Holdings Inc • Prefabricated wood bldgs & components • New York
THIS FIRST AMENDMENT AND WAIVER OF THE FINANCING AGREEMENT, dated as of August 5, 2005 (this “Amendment and Waiver”), is by and among each of the lenders that from time to time is a party hereto (such lenders, each individually a “Lender” and collectively, the “Lenders”), Fortress Credit Corp., as administrative agent for the Lenders (in such capacity, together with its successors and assigns, if any, for the benefit of the Agents and the Lenders in such capacity, the “Administrative Agent”), Fortress Credit Corp., as collateral agent (in such capacity, together with its successors and assigns, if any, in such capacity, the “Collateral Agent”, and together with the Administrative Agent, each an “Agent” and collectively the “Agents”) and Modtech Holdings, Inc., a Delaware corporation (the “Parent” or “Borrower”).
FORM OF VOTING AGREEMENTForm of Voting Agreement • August 9th, 2005 • Modtech Holdings Inc • Prefabricated wood bldgs & components • Delaware
VOTING AGREEMENT, dated as of August 5, 2005 (this “Agreement”), by and among Modtech Holdings, Inc., a Delaware corporation (the “Company”), and (the “Stockholder”).
