Babcock & Wilcox Enterprises, Inc. Contracts & Agreements

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MASTER SEPARATION AGREEMENT between THE BABCOCK &WILCOX COMPANY and BABCOCK & WILCOX ENTERPRISES, INC. dated as of June 8, 2015 TABLE OF CONTENTS
Separation Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
SC
2015
Independent Contractor Agreement, dated September 20, 2024, between Babcock & Wilcox Enterprises, Inc. and Kenny Young
Babcock & Wilcox Enterprises, Inc.
2024
Babcock & Wilcox Enterprises, Inc. Long-Term Cash Incentive Program
Bonus & Incentive Agreements
Babcock & Wilcox Enterprises, Inc.
2024
Share Purchase Agreement by and between B&W PGG Luxembourg Finance Srl and Hitachi Zosen Inova AG
Share Agreements
Babcock & Wilcox Enterprises, Inc.
2024
Sales Agreement, among Babcock & Wilcox Enterprises, Inc., B. Riley Securities, Inc., Seaport Global Securities LLC, Craig-Hallum Capital Group LLC and Lake Street Capital...
Sales Agreements
Babcock & Wilcox Enterprises, Inc.
2024
Severance and Release of Claims Agreement made between The Babcock & Wilcox Company and its parent, subsidiary, related and affiliated entities, and Joseph Buckler, signed and...
Severance Agreements
Babcock & Wilcox Enterprises, Inc.
2024
Fourth Amended Revolving Credit, Guaranty and Security Agreement, dated as of June 26, 2023, by and among the Company, certain of the Companys subsidiaries as guarantors, the...
Loan Agreements
Babcock & Wilcox Enterprises, Inc.
2023
Babcock & Wilcox Enterprises, Inc. 2021 Long-Term Incentive Plan dated May 19, 2022
Bonus & Incentive Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
DE
2022
Amendment to Consultant Agreement by and between The Babcock & Wilcox Company and Henry E. Bartoli, dated January 5, 2022
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
2022
Underwriting Agreement dated December 8, 2021
Underwriting Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
NY
2021
Second Supplemental Indenture dated December 13, 2021
Indenture Agreements
Babcock & Wilcox Enterprises, Inc.
2021
Sales Agreement, between Babcock & Wilcox Enterprises, Inc. and B. Riley Securities, Inc. dated July 7, 2021
Sales Agreements
Babcock & Wilcox Enterprises, Inc.
2021
Letter Agreement between Babcock & Wilcox Enterprises, Inc. and B. Riley Financial, Inc. dated June 1, 2021
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
2021
Babcock & Wilcox Enterprises, Inc. 2021 Long-Term Incentive Plan dated May 20, 2021
Bonus & Incentive Agreements
Babcock & Wilcox Enterprises, Inc.
2021
Amendment No. 5 to Amended and Restated Credit Agreement by and between Babcock and Wilcox Enterprises Inc. and Bank of America, N.A., as Administrative Agent, dated May 10, 2021
Credit Agreements
Babcock & Wilcox Enterprises, Inc.
2021
Amendment No. 5 to Amended and Restated Credit Agreement dated May 10, 2021
Credit Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
NY
2021
Underwriting Agreement, dated May 4, 2021
Underwriting Agreements
Babcock & Wilcox Enterprises, Inc.
2021
Sales Agreement dated March 31, 2021
Sales Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
2021
Amendment No. 4 to Amended and Restated Credit Agreement dated March 26, 2021
Credit Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
2021
Settlement Agreement between Babcock & Wilcox Volund A/S and XL Insurance Company SE dated October 10, 2020
Settlement Agreements
Babcock & Wilcox Enterprises, Inc.
2021
Amendment No. 3 to Amended and Restated Credit Agreement by and between Babcock and Wilcox Enterprises Inc. and Bank of America, N.A., as Administrative Agent, dated March 4 2021
Credit Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
NY
2021
Underwriting Agreement dated February 9, 2021
Underwriting Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
NY
2021
Underwriting Agreement dated February 10, 2021
Underwriting Agreements
Babcock & Wilcox Enterprises, Inc.
2021
Exchange Agreement dated February 12, 2021
Exchange Agreements
Babcock & Wilcox Enterprises, Inc.
2021
Indenture dated February 12, 2021
Indenture Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
NY
2021
Supplemental Indenture dated February 12, 2021
Indenture Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
NY
2021
Amendment No. 2 to Amended and Restated Credit Agreement dated February 8, 2021
Credit Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
NY
2021
Form of 2021 Long-Term Cash Incentive Award Grant Agreement
Bonus & Incentive Agreements
Babcock & Wilcox Enterprises, Inc.
2020
Second Amendment to Executive Services Agreement between Babcock & Wilcox Enterprises, Inc. and BRPI Executive Consulting, LLC dated November 9, 2020
Consulting Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
2020
Third Amendment to Executive Employment Agreement between Babcock & Wilcox Enterprises, Inc. and Henry Bartoli dated November 5, 2020
Employment Agreements
Babcock & Wilcox Enterprises, Inc.
2020
Consultant Agreement by and between The Babcock & Wilcox Company and Henry Bartoli effective as of January 1, 2021
Babcock & Wilcox Enterprises, Inc.
2020
Amendment No. 1 to Amended and Restated Credit Agreement dated October 30, 2020
Credit Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
2020
First Amendment to the Executive Services Agreement between Babcock & Wilcox Enterprises, Inc. and BRPI Executive Consulting, LLC
Consulting Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
2020
Second Amendment to the Executive Employment Agreement between Babcock & Wilcox Enterprises, Inc. and Henry Bartoli
Employment Agreements
Babcock & Wilcox Enterprises, Inc.
2020
First Amendment to the Executive Employment Agreement between Babcock & Wilcox Enterprises, Inc. and Louis Salamone
Employment Agreements
Babcock & Wilcox Enterprises, Inc.
2020
Salary Deferral Agreement, dated as of April 21, 2020, by and between Babcock & Wilcox Enterprises, Inc. and Jimmy Morgan
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
2020
Description of Securities Registered Pursuant to Section 12 of the Securities Exchange Act of 1934
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
NY
2020
Executive Employment Agreement dated November 19, 2018 between Babcock & Wilcox Enterprises, Inc. and Henry Bartoli, as amended
Employment Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
OH
2020
Amendment No. 17, dated August 7, 2019, to Credit Agreement, dated as of May 11, 2015, among Babcock & Wilcox Enterprises, Inc., as the borrower, Bank of America, N.A., as...
Credit Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
NY
2020
Amendment No. 18, dated December 31, 2019, to Credit Agreement, dated as of May 11, 2015, among Babcock & Wilcox Enterprises, Inc., as the borrower, Bank of America, N.A., as...
Credit Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
NY
2020
Form of 2019 Restricted Stock Units Director Grant Agreement
Stock Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
DE
2019
Form of Warrant
Warrant Agreements
Babcock & Wilcox Enterprises, Inc.
2019
Form of Rights Certificate
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
2019
Form of Warrant
Warrant Agreements
Babcock & Wilcox Enterprises, Inc.
2019
Backstop Exchange Agreement, dated as of April 30, 2019, by and among Babcock & Wilcox Enterprises, Inc. and B. Riley FBR, Inc
Exchange Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
NY
2019
Investor Rights Agreement, dated as of April 30, 2019, by and among Babcock & Wilcox Enterprises, Inc., B. Riley FBR, Inc. and Vintage Capital Management, LLC
Investor Rights Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
DE
2019
Registration Rights Agreement, dated as of April 30, 2019, by and among Babcock & Wilcox Enterprises, Inc., and certain investors party thereto
Registration Rights Agreements
Babcock & Wilcox Enterprises, Inc.
2019
Babcock & Wilcox Enterprises, Inc. Amended and Restated 2015 Long-Term Incentive Plan (Amended and Restated as of November 2, 2018)
Bonus & Incentive Agreements
Babcock & Wilcox Enterprises, Inc.
2019
Amendment No. 14 dated January 15, 2019 to Credit Agreement, dated as of May 11, 2015, among Babcock & Wilcox Enterprises, Inc., as the borrower, Bank of America, N.A., as...
Credit Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
NY
2019
Consulting Agreement dated November 19, 2018 between Babcock & Wilcox Enterprises, Inc., and BRPI Executive Consulting
Consulting Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
2019
Executive Employment Agreement dated November 19, 2018 between Babcock & Wilcox Enterprises, Inc. and Louis Salamone
Employment Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
OH
2019
Executive Employment Agreement dated November 19, 2018 between Babcock & Wilcox Enterprises, Inc. and Henry Bartoli
Employment Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
OH
2019
Form of Stock Appreciation Right Award Grant Agreement
Stock Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
2019
Amendment No. 11, dated October 4, 2018, to Credit Agreement, dated as of May 11, 2015, among Babcock & Wilcox Enterprises, Inc., as the borrower, Bank of America, N.A., as...
Credit Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
NY
2018
Amendment No. 8, dated August 9, 2018, to Credit Agreement, dated May 11, 2015, among Babcock & Wilcox Enterprises, Inc., as the Borrower, Bank of America, N.A., as Administrative...
Credit Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
NY
2018
Stock Purchase Agreement, dated as of June 5, 2018, among B&W Equity Investments, LLC, Babcock & Wilcox MEGTEC Holdings, Inc., Babcock & Wilcox MEGTEC, LLC, The Babcock & Wilcox...
Stock Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
NY
2018
Babcock & Wilcox Enterprises, Inc. Executive Severance Plan, as revised effective June 1, 2018
Severance Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
2018
Babcock & Wilcox Enterprises, Inc. Second Amended and Restated 2015 Long-Term Incentive Plan
Bonus & Incentive Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
NY
2018
Equity Commitment Agreement, dated March 1, 2018, by and between Babcock & Wilcox Enterprises, Inc. and Vintage Capital Management, LLC
Management Agreements
Babcock & Wilcox Enterprises, Inc.
2018
Supplement to Employment Agreement, dated March 1, 2018, by and between Babcock & Wilcox Enterprises, Inc. and E. James Ferland
Employment Agreements
Babcock & Wilcox Enterprises, Inc.
2018
Amendment No. 5 dated March 1, 2018, to Credit Agreement, dated as of May 11, 2015, among Babcock & Wilcox Enterprises, Inc., as the borrower, Bank of America, N.A., as...
Credit Agreements
Babcock & Wilcox Enterprises, Inc.
2018
Kass Offer Letter dated as of January 31, 2018
Babcock & Wilcox Enterprises, Inc.
2018
Ferland Supplement to Employment Agreement dated as of January 31, 2018
Employment Agreements
Babcock & Wilcox Enterprises, Inc.
2018
Agreement, dated as of January 3, 2018, among Babcock & Wilcox Enterprises, Inc., Vintage Capital Management, LLC, Kahn Capital Management, LLC and Brian R. Kahn
Management Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
DE
2018
Form of Joinder Agreement
Joinder Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
2018
Amendment No. 4 dated September 20, 2017 to Credit Agreement, dated May 11, 2015, among Babcock & Wilcox Enterprises, Inc., as the borrower, Bank of America, N.A. as...
Credit Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
NY
2017
Amendment No. 3, dated August 9, 2017, to Credit Agreement, dated May 11, 2015, among Babcock & Wilcox Enterprises, Inc., as the Borrower, Bank of America, N.A., as Administrative...
Credit Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
NY
2017
Form of Performance Unit Award Grant Agreement (Cash Settled)
Bonus & Incentive Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
2017
Form of Special Restricted Stock Unit Award Grant Agreement
Stock Agreements
Babcock & Wilcox Enterprises, Inc.
2017
CHANGE IN CONTROL SEVERANCE AGREEMENT
Change of Control Agreements
Babcock & Wilcox Enterprises, Inc.
2016
CHANGE IN CONTROL SEVERANCE AGREEMENT
Change of Control Agreements
Babcock & Wilcox Enterprises, Inc.
2016
* * *
Babcock & Wilcox Enterprises, Inc.
2016
[date]
Babcock & Wilcox Enterprises, Inc.
2016
BABCOCK & WILCOX ENTERPRISES, INC. AMENDED AND RESTATED 2015 LONG-TERM INCENTIVE PLAN ARTICLE 1 Establishment, Objectives and Duration
Bonus & Incentive Agreements
Babcock & Wilcox Enterprises, Inc.
2016
20__ PERFORMANCE RESTRICTED STOCK UNITS GRANT AGREEMENT
Bonus & Incentive Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
2016
DIRECTOR AND OFFICER INDEMNIFICATION AGREEMENT
Indemnification Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
DE
2016
RESTRICTED STOCK GRANT AGREEMENT (SPIN-OFF AWARD)
Stock Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
2015
RESTRICTED STOCK UNITS GRANT AGREEMENT
Stock Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
2015
STOCK OPTION GRANT AGREEMENT
Stock Agreements
Babcock & Wilcox Enterprises, Inc.
2015
TAX SHARINGAGREEMENT by and between Remainco and Spinco Dated as of June 8, 2015 TABLE OF CONTENTS
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
2015
EMPLOYEE MATTERS AGREEMENT between THEBABCOCK & WILCOX COMPANY and BABCOCK & WILCOX ENTERPRISES, INC. dated as of June 8,2015 TABLE OF CONTENTS
Babcock & Wilcox Enterprises, Inc.
2015
TRANSITION SERVICES AGREEMENT between THE BABCOCK &WILCOX COMPANY (as service provider) and BABCOCK & WILCOXENTERPRISES, INC. (as service receiver) Dated June 8, 2015 TABLE OF...
Transition Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
DE
2015
TRANSITION SERVICES AGREEMENT between BABCOCK &WILCOX ENTERPRISES, INC. (as service provider) and THE BABCOCK &WILCOX COMPANY (as service receiver) Dated June 8, 2015 TABLE OF...
Transition Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
DE
2015
ASSUMPTION AND LOSS ALLOCATION AGREEMENT by and among ACE AmericanInsurance Company, acting for itself and the ACE Affiliates (as defined below) and Babcock & WilcoxEnterprises,...
Babcock & Wilcox Enterprises, Inc.
2015
REINSURANCE NOVATION AND ASSUMPTION AGREEMENT by and among ACE AmericanInsurance Company, acting for itself and its affiliates including, without limitation, Pacific Employers...
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
PA
2015
NOVATION AND ASSUMPTION AGREEMENT by and among THEBABCOCK & WILCOX COMPANY, a Delaware corporation, and BABCOCK & WILCOXENTERPRISES, INC., a Delaware corporation, and DAMPKRAFT...
Babcock & Wilcox Enterprises, Inc.
2015
BABCOCK & WILCOX ENTERPRISES, INC. 2015 LONG-TERM INCENTIVE PLAN ARTICLE 1 Establishment, Objectives and Duration
Bonus & Incentive Agreements
Babcock & Wilcox Enterprises, Inc.
2015
BABCOCK & WILCOX ENTERPRISES, INC. EXECUTIVE INCENTIVE COMPENSATION PLAN Effective as of June 1, 2015 Table of Contents
Bonus & Incentive Agreements
Babcock & Wilcox Enterprises, Inc.
2015
BABCOCK & WILCOX ENTERPRISES, INC. MANAGEMENT INCENTIVE COMPENSATION PLAN Effective as of June 1, 2015 TABLE OF CONTENTS
Bonus & Incentive Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
2015
Supplemental Executive Retirement Plan of Babcock & Wilcox Enterprises, Inc. Effective June 1, 2015 ARTICLE I Purpose
Retirement Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
DE
2015
Babcock & Wilcox Enterprises, Inc. Defined Contribution Restoration Plan Effective June 1, 2015 ARTICLE I Purpose
Contribution Agreements
Babcock & Wilcox Enterprises, Inc.
2015
INTELLECTUAL PROPERTY AGREEMENT between BABCOCK &WILCOX POWER GENERATION GROUP, INC. and BWXT FOREIGN HOLDINGS, LLC datedas of June 26, 2015 TABLE OF CONTENTS
Babcock & Wilcox Enterprises, Inc.
2015
INTELLECTUAL PROPERTY AGREEMENT between BABCOCK &WILCOX TECHNOLOGY, LLC and BABCOCK & WILCOX INVESTMENT COMPANY dated as of June 27, 2015 TABLE OF CONTENTS
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
DE
2015
INTELLECTUAL PROPERTY AGREEMENT between BABCOCK &WILCOX CANADA LTD. and BABCOCK & WILCOX POWER GENERATION GROUP CANADA CORP. dated as of May 29, 2015 TABLE OF CONTENTS
Babcock & Wilcox Enterprises, Inc.
2015
INTELLECTUAL PROPERTY AGREEMENT between BABCOCK &WILCOX mPOWER, INC. and BABCOCK & WILCOX POWER GENERATION GROUP, INC. dated as of May 29, 2015 TABLE OF CONTENTS
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
DE
2015
INTELLECTUAL PROPERTY AGREEMENT between THE BABCOCK &WILCOX COMPANY and BABCOCK & WILCOX ENTERPRISES, INC. dated as of June 26, 2015 TABLE OF CONTENTS
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
DE
2015
Amendment No. 19, dated January 17, 2020, to Credit Agreement, dated as of May 11, 2015, among Babcock & Wilcox Enterprises, Inc., as the borrower, Bank of America, N.A., as...
Credit Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
NY
2020
Amendment No. 13 dated December 31, 2018, to Credit Agreement, dated as of May 11, 2015, among Babcock & Wilcox Enterprises, Inc., as the borrower, Bank of America, N.A., as...
Credit Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
NY
2019
Amendment No. 15 and Limited Waiver dated March 19, 2019 to Credit Agreement, dated as of May 11, 2015, among Babcock & Wilcox Enterprises, Inc., as the borrower, Bank of America,...
Credit Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
NY
2019
Amendment No. 9, dated September 14, 2018, to Credit Agreement, dated as of May 11, 2015, among Babcock & Wilcox Enterprises, Inc., as the borrower, Bank of America, N.A., as...
Credit Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
NY
2018
Amendment No. 10, dated September 28, 2018, to Credit Agreement, dated as of May 11, 2015, among Babcock & Wilcox Enterprises, Inc., as the borrower, Bank of America, N.A., as...
Credit Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
NY
2018
Amendment No. 12, dated October 31, 2018, to Credit Agreement, dated as of May 11, 2015, among Babcock & Wilcox Enterprises, Inc., as the borrower, Bank of America, N.A., as...
Credit Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
NY
2018
Amendment No. 7, dated May 31, 2018, to Credit Agreement, dated as of May 11, 2015, among Babcock & Wilcox Enterprises, Inc., as the borrower, Bank of America, N.A., as...
Credit Agreements
Babcock & Wilcox Enterprises, Inc.
Electrical Equipment
NY
2018