TMCI ELECTRONICS, INC. CONVERTIBLE SUBORDINATED DEBENTURES DUE 2001 No. Principal Amount: $ Issue Date: February 10, 1998 Stated Maturity Date: February 10, 2001 Interest Rate: 5.00% per annum TMCI ELECTRONICS, INC., a Delaware corporation (the...Tmci Electronics Inc • April 1st, 1998 • Sheet metal work • New York
ARTICLE I DEFINITIONSPurchase Agreement • February 25th, 2002 • Obsidian Enterprises Inc • Sheet metal work • Indiana
ANDStock Purchase Agreement • February 25th, 2002 • Obsidian Enterprises Inc • Sheet metal work • Indiana
Exhibit 10.16 Loan and Security Agreement This Loan and Security Agreement (as it may be amended, this "Agreement") is entered into on January 21, 2000 between BANC OF AMERICA COMMERCIAL FINANCE CORPORATION, THROUGH ITS COMMERCIAL FUNDING DIVISION...Loan and Security Agreement • February 25th, 2002 • Obsidian Enterprises Inc • Sheet metal work • Illinois
Exhibit 10.3 STOCK OPTION AGREEMENT STOCK OPTION AGREEMENT dated as of October 10, 2003 (this "Agreement") by and among Euramax International, Inc., a Delaware corporation ("Parent"), Amerimax Pennsylvania, Inc., a Pennsylvania corporation and an...Stock Option Agreement • October 14th, 2003 • Berger Holdings LTD • Sheet metal work • Pennsylvania
WITNESSETH:Warrant Agreement • July 16th, 1998 • Tmci Electronics Inc • Sheet metal work • New York
BY AND AMONGAsset Purchase Agreement • January 20th, 1998 • Berger Holdings LTD • Sheet metal work • Pennsylvania
Exhibit 10.47 NOTE PURCHASE AGREEMENT This Note Purchase Agreement (this "Agreement"), dated as of July 27, 2001, is by and between United Acquisition, Inc., an Indiana corporation (the "Company"), and The Huntington Capital Investment Company, an...Note Purchase Agreement • February 13th, 2003 • Obsidian Enterprises Inc • Sheet metal work • Ohio
Exhibit 4.1 REGISTRATION RIGHTS AGREEMENT DATED AS OF JUNE 21, 2001 BY AND AMONG DANZER CORPORATIONRegistration Rights Agreement • February 25th, 2002 • Obsidian Enterprises Inc • Sheet metal work • Indiana
STOCK PURCHASE AGREEMENT BY AND BETWEEN BERGER HOLDINGS, LTD.Stock Purchase Agreement • February 20th, 1997 • Berger Holdings LTD • Sheet metal work • Pennsylvania
Exhibit 10.2 THIRD AMENDMENT TO CREDIT AGREEMENT UNITED EXPRESSLINE, INC., an Indiana corporation, formerly known as United Acquisition, Inc. (the "Company") and FIRST INDIANA BANK, N.A., a national banking association, formerly known as First Indiana...Credit Agreement • March 21st, 2003 • Obsidian Enterprises Inc • Sheet metal work
TMCI ELECTRONICS, INC. TOUCHE MANUFACTURING COMPANY, INC., TOUCHE ELECTRONICS, INC., ENTERPRISE INDUSTRIES, INC., and TRINITY ELECTRONICS, INC. LOAN AND SECURITY AGREEMENT Dated: March 2, 1998 $25,000,000.00...Loan and Security Agreement • April 1st, 1998 • Tmci Electronics Inc • Sheet metal work • Connecticut
November 12,2003 Obsidian Enterprises, Inc. 111 Monument Circle Suite 4800 Indianapolis, Indiana 46204 Attention: Chief Executive Officer Re: Strategic Advisory Services Gentlemen: This Letter agreement ("Agreement") confirms the agreement of Obsidian...Letter Agreement • March 11th, 2004 • Obsidian Enterprises Inc • Sheet metal work
PREFERRED STOCK PURCHASE AGREEMENTPreferred Stock Purchase Agreement • January 20th, 1998 • Berger Holdings LTD • Sheet metal work • Tennessee
Exhibit 10.9 MANAGEMENT AGREEMENT THIS AGREEMENT is entered into as of December 29, 2000 by and between Obsidian Capital Company, LLC, an Indiana limited liability company, maintaining offices at 111 Monument Circle, Suite 3680, Indianapolis, Indiana...Management Agreement • February 25th, 2002 • Obsidian Enterprises Inc • Sheet metal work • Indiana
BETWEENGuaranty Agreement • March 21st, 2003 • Obsidian Enterprises Inc • Sheet metal work • Indiana
Among BERGER HOLDINGS, LTD., BERGER FINANCIAL CORP., BERGER BROS COMPANY, COPPER CRAFT, INC., WALKER METAL PRODUCTS, INC., as Borrowers and WACHOVIA BANK, NATIONAL ASSOCIATION as BankLoan and Security Agreement • August 14th, 2002 • Berger Holdings LTD • Sheet metal work • Pennsylvania
Exhibit 10(n) CHANGE OF CONTROL AGREEMENT THIS AGREEMENT, made this 1st day of January, 2001, by and between Berger Holdings, Ltd., a Pennsylvania corporation (hereinafter called "Company"), and ______________ (hereinafter called "Employee"). 1. If...Change of Control Agreement • March 29th, 2001 • Berger Holdings LTD • Sheet metal work • Pennsylvania
WITHSubordination Agreement • February 13th, 2003 • Obsidian Enterprises Inc • Sheet metal work • Indiana
amongCredit Agreement • February 5th, 1998 • Wahlco Environmental Systems Inc • Sheet metal work • New York
ASSUMPTION AGREEMENT AND SECOND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • February 25th, 2002 • Obsidian Enterprises Inc • Sheet metal work
THIS WARRANT AND THE SECURITIES ISSUABLE UPON THE EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933. THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, HYPOTHECATED, OR OTHERWISE TRANSFERRED EXCEPT PURSUANT TO AN EFFECTIVE...Obsidian Enterprises Inc • February 13th, 2004 • Sheet metal work • Texas
WARRANTObsidian Enterprises Inc • February 25th, 2002 • Sheet metal work • Texas
Exhibit 10.9 FIRST AMENDMENT TO PROMISSORY NOTE (LINE OF CREDIT) WHEREAS, Obsidian Enterprises, Inc., a Delaware corporation, executed as "Maker", a certain Promissory Note dated January 9, 2002 in favor of Fair Holdings, Inc, an Ohio corporation,...Obsidian Enterprises Inc • March 21st, 2003 • Sheet metal work • Indiana
Exhibit 2.2Assumption Agreement • February 11th, 2003 • Obsidian Enterprises Inc • Sheet metal work • Indiana
GUARANTYGuaranty • January 30th, 2001 • Quixote Corp • Sheet metal work • California
1 EXHIBIT 4.5 REGISTRATION RIGHTS AGREEMENT REGISTRATION RIGHTS AGREEMENT (this "AGREEMENT"), dated as of February ___, 1998, by and among TMCI Electronics, Inc., a Delaware corporation, located at 1875 Dobbin Drive, San Jose, California 95133 (the...Registration Rights Agreement • May 8th, 1998 • Tmci Electronics Inc • Sheet metal work • New York
1 Exhibit 4.3 SECURITIES PURCHASE AGREEMENT SECURITIES PURCHASE AGREEMENT (the "AGREEMENT"), dated as of February____, 1998, by and among TMCI Electronics, Inc., a Delaware corporation, located at 1875 Dobbin Drive, San Jose, California 95133 (the...Securities Purchase Agreement • May 8th, 1998 • Tmci Electronics Inc • Sheet metal work • New York
TMCI ELECTRONICS, INC. TOUCHE MANUFACTURING COMPANY, INC. TOUCHE ELECTRONICS, INC. ENTERPRISE INDUSTRIES, INC. TRINITY ELECTRONICS, INC. TRY-DIE, INC. 1875 DOBBIN DRIVE SAN JOSE, CA 95133 October 15, 1998Tmci Electronics Inc • November 16th, 1998 • Sheet metal work • Connecticut
BACKGROUNDLoan and Security Agreement • March 30th, 2000 • Berger Holdings LTD • Sheet metal work • Pennsylvania
Exhibit 99.2 EXCHANGE AGENT AGREEMENT THIS EXCHANGE AGENT AGREEMENT (the "Agreement") is entered into as of this 15th day of December, 2003 by and between Obsidian Enterprises, Inc., a Delaware corporation (the "Company"), and StockTrans, Inc., a...Exchange Agent Agreement • December 17th, 2003 • Obsidian Enterprises Inc • Sheet metal work • Pennsylvania
by and amongExhibit 1 • July 2nd, 2001 • Durham Timothy S • Sheet metal work • Indiana
EXHIBIT 10.22 COMMERCIAL SECURITY AGREEMENTSecurity Agreement • February 25th, 2002 • Obsidian Enterprises Inc • Sheet metal work • Indiana
WITNESSETH: ----------Employment Agreement • March 29th, 2001 • Berger Holdings LTD • Sheet metal work • Pennsylvania
RECITALSRestructuring Agreement • July 8th, 1998 • Wes Acquisition Corp • Sheet metal work • New York
