AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • April 30th, 2010 • Global Power Equipment Group Inc/ • Fabricated plate work (boiler shops) • Delaware
This AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this “Agreement”) is dated effective as of November 21, 2006 (the “Effective Date”), by and among Global Power Equipment Group Inc., a Delaware corporation (the “Company”), and John M. Matheson (the “Executive”). Capitalized terms used but not otherwise defined herein shall have the respective meanings assigned to such terms in Section 1 of this Agreement.
Global Power Equipment Group Inc. Amended and Restated Restricted Stock Unit Award Agreement [INSERT NAME] (the “Grantee”) was awarded [INSERT #] of Restricted Stock UnitsRestricted Stock Unit Award Agreement • April 30th, 2010 • Global Power Equipment Group Inc/ • Fabricated plate work (boiler shops) • Delaware
Amended and Restated Restricted Stock Unit Award Agreement (the “Award Agreement”) pursuant to the Global Power Equipment Group Inc. 2008 Management Incentive Plan, as it may be amended from time to time (the “Plan”), which replaces the previously executed Restricted Stock Unit Award Agreement with a Grant Date of June 23, 2008, as amended (the “Original Award Agreement”), except to the extent provided herein.
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • April 30th, 2010 • Global Power Equipment Group Inc/ • Fabricated plate work (boiler shops) • Delaware
This AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this “Agreement”) is dated effective as of October 1, 2007 (the “Effective Date”), by and among Global Power Equipment Group Inc., a Delaware corporation (“Holdings”), Williams Industrial Services Group, L.L.C., a Delaware limited liability company (the “Company”) and Kenneth Robuck (the “Executive”). Capitalized terms used but not otherwise defined herein shall have the respective meanings assigned to such terms in Section 1 of this Agreement.
EMPLOYMENT AGREEMENTEmployment Agreement • April 30th, 2010 • Global Power Equipment Group Inc/ • Fabricated plate work (boiler shops) • Delaware
This Employment Agreement (this “Agreement”) is entered into between Global Power Equipment Group Inc., a Delaware corporation (the “Company”), and David L. Keller (“Executive”) on September 11, 2009 to set forth the terms pursuant to which Executive will become President and Chief Executive Officer of the Company on September 14, 2009 (the “Effective Date”).
AMENDMENT NO. 2 TO CREDIT AGREEMENTCredit Agreement • April 30th, 2010 • Global Power Equipment Group Inc/ • Fabricated plate work (boiler shops) • New York
THIS AMENDMENT NO. 2 TO CREDIT AGREEMENT (the “Amendment”), effective as of July 30, 2008, is made by and among GLOBAL POWER EQUIPMENT GROUP INC., a corporation formed under the laws of Delaware (the “Company” or the “Borrower”), the other Credit Parties party hereto, the Lenders party hereto, MORGAN STANLEY SENIOR FUNDING, INC., a corporation formed under the laws of Delaware, as lead arranger and bookrunner and as administrative agent for the Lenders (in such capacity, together with its successors and assigns, if any, the “Administrative Agent”), MORGAN STANLEY & CO. INCORPORATED, a corporation formed under the laws of Delaware, as collateral agent for the Secured Parties (in such capacity, together with its successors and assigns, if any, the “Collateral Agent”), THE CIT GROUP/BUSINESS CREDIT, INC. a corporation formed under the laws of Delaware, as syndication agent and as revolving agent for the Revolving Lenders (in such capacity, together with its successors and assigns, if any,
ContractGlobal Power Equipment Group Inc/ • April 30th, 2010 • Fabricated plate work (boiler shops) • New York
THIS WARRANT AND THE UNDERLYING SHARES OF THE COMMON STOCK ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), OR ANY OTHER SECURITIES LAWS. THIS WARRANT AND THE UNDERLYING SHARES OF COMMON STOCK ISSUABLE UPON THE EXERCISE OF THE WARRANT MAY NOT BE SOLD OR TRANSFERRED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION INDER THE SECURITIES ACT AND ANY OTHER APPLICABLE SECURITIES LAWS, OR RECEIPT BY THE COMPANY OF AN OPINION OF COUNSEL OR OTHER EVIDENCE ACCEPTABLE TO THE COMPANY THAT SUCH SALE OR TRANSFER OF SUCH SECURITIES IN EXEMPT FROM REGISTRATION UNDER THE SECURITIES ACT.
AMENDMENT NO. 1 TO CREDIT AGREEMENTCredit Agreement • April 30th, 2010 • Global Power Equipment Group Inc/ • Fabricated plate work (boiler shops) • New York
THIS AMENDMENT NO. 1 TO CREDIT AGREEMENT (the “Amendment”), effective as of April 24, 2008, is made by and among GLOBAL POWER EQUIPMENT GROUP INC., a corporation formed under the laws of Delaware (the “Company” or the “Borrower”), the other Credit Parties party hereto, the Lenders party hereto, MORGAN STANLEY SENIOR FUNDING, INC., a corporation formed under the laws of Delaware, as lead arranger and bookrunner and as administrative agent for the Lenders (in such capacity, together with its successors and assigns, if any, the “Administrative Agent”), MORGAN STANLEY & CO. INCORPORATED, a corporation formed under the laws of Delaware, as collateral agent for the Secured Parties (in such capacity, together with its successors and assigns, if any, the “Collateral Agent”), THE CIT GROUP/BUSINESS CREDIT, INC. a corporation formed under the laws of Delaware, as syndication agent and as revolving agent for the Revolving Lenders (in such capacity, together with its successors and assigns, if any
Global Power Equipment Group Inc. Restricted Stock Award AgreementRestricted Stock Award Agreement • April 30th, 2010 • Global Power Equipment Group Inc/ • Fabricated plate work (boiler shops) • Delaware
[INSERT NAME] (the “Grantee”) was awarded [INSERT] shares of common stock (“Common Stock”) of Global Power Equipment Group Inc., a Delaware corporation (the “Company’), subject to the terms and conditions hereof.
CREDIT AGREEMENT by and among GLOBAL POWER EQUIPMENT GROUP INC., as the Borrower and the other Credit Parties hereto from time to time, as Guarantors and the LENDERS party hereto from time to time and MORGAN STANLEY SENIOR FUNDING, INC., as Lead...Credit Agreement • April 30th, 2010 • Global Power Equipment Group Inc/ • Fabricated plate work (boiler shops) • New York
This Credit Agreement, dated as of January 22, 2008 (as it may be amended, restated, modified, supplemented or extended from time to time, including all schedules hereto, or otherwise modified, this “Agreement”), by and among GLOBAL POWER EQUIPMENT GROUP INC., a corporation formed under the laws of Delaware (the “Company” or the “Borrower”), certain Subsidiaries of the Company party hereto from time to time, as Guarantors, the Lenders party hereto from time to time, MORGAN STANLEY SENIOR FUNDING, INC., a corporation formed under the laws of Delaware, as lead arranger and bookrunner (in such capacity, the “Lead Arranger”) and as administrative agent for the Lenders (in such capacity, together with its successors and assigns, if any, the “Administrative Agent”), MORGAN STANLEY & CO. INCORPORATED, a corporation formed under the laws of Delaware, as collateral agent for the Secured Parties (in such capacity, together with its successors and assigns, if any, the “Collateral Agent”), THE CIT
AMENDMENT NO. 3 TO CREDIT AGREEMENTCredit Agreement • April 30th, 2010 • Global Power Equipment Group Inc/ • Fabricated plate work (boiler shops) • New York
THIS AMENDMENT NO. 3 TO CREDIT AGREEMENT (the “Amendment No. 3”), dated as of December 31, 2009, is made by and among GLOBAL POWER EQUIPMENT GROUP INC., a corporation formed under the laws of Delaware (the “Company” or the “Borrower”), the other Credit Parties party hereto, the Lenders party hereto, MORGAN STANLEY SENIOR FUNDING, INC., a corporation formed under the laws of Delaware, as administrative agent for the Lenders (in such capacity, together with its successors and assigns, if any, the “Administrative Agent”) and revolving agent for the Revolving Lenders (in such capacity, together with its successors and assigns, if any, the “Revolving Agent”), MORGAN STANLEY & CO. INCORPORATED, a corporation formed under the laws of Delaware, as collateral agent for the Secured Parties (in such capacity, together with its successors and assigns, if any, the “Collateral Agent”), and GENERAL ELECTRIC CAPITAL CORPORATION, a corporation formed under the laws of Delaware, as documentation agent (
SEPARATION AGREEMENTSeparation Agreement • April 30th, 2010 • Global Power Equipment Group Inc/ • Fabricated plate work (boiler shops) • Delaware
This Separation Agreement (this “Agreement”) is entered into between Global Power Equipment Group Inc., a Delaware corporation (the “Company”), and John M. Matheson (“Matheson”) on September 11, 2009.
REGISTRATION RIGHTS AGREEMENT among GLOBAL POWER EQUIPMENT GROUP INC. and THE INVESTORS PARTY HERETO Dated as of January 22, 2008Registration Rights Agreement • April 30th, 2010 • Global Power Equipment Group Inc/ • Fabricated plate work (boiler shops) • New York
REGISTRATION RIGHTS AGREEMENT, dated as January 22, 2008 (this “Agreement”), by and among Global Power Equipment Group Inc., a Delaware corporation (the “Company”), and the parties identified as “Investors” on the signature pages hereof and any parties identified on the signature pages of any joinder agreements executed and delivered pursuant to Section 4.2 of this Agreement.
