EX-10.46
from 10-K
3 pages
Second Amendment to Consulting Agreement This Second Amendment (The ”Second Amendment”) to the Consulting Agreement Between the Babcock & Wilcox Company (“B&W”) and Henry Bartoli (The “Consultant”) Dated November 5th, 2020 (“Consulting Agreement”) Is Effective as of January 1, 2024 (The “Effective Date”). Recitals Whereas, B&W and Consultant Desire to Extend the Term of the Consulting Agreement and Define the Compensation Structure Associated With Such Term Extension, on the Terms and Conditions Specified in This Second Amendment; and Whereas, B&W and Consultant Desire to Set Forth in Writing Their Understandings and Agreement With Respect to Such Matter. Now, Therefore, in Consideration of the Foregoing, the Consultant’s Continued Consulting to B&W, the Mutual Promises Hereinafter Set Forth, and Other Good and Valuable Consideration, the Receipt and Sufficiency of Which Is Hereby Acknowledged, the Parties Hereto, Intended to Be Legally Bound, Agree to the Following Revisions to the Consulting Agreement: (10) Term – Replace the First Sentence With the Following: “This Agreement Shall Remain in Effect Through December 31, 2024 Unless Earlier Terminated as Otherwise Provided Herein.” Exhibit B – Replace Exhibit B in Its Entirety With the Following: Compensation Type Compensation Amount/Method Base Fee $18,750/Month Ltip Award 30,000 Restricted Stock Units Vesting Schedule and Terms: 15,000 Shares on June 30, 2024 15,000 Shares on December 31, 2024 Vesting of the Restricted Stock Units Is Contingent Upon the Agreement Being in Effect as of the Applicable Vesting Date; All Other Terms Outlined in Corresponding Grant Agreement Business Related Travel Reimbursement for Cash Expenses Related to Business Travel
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EX-10.43
from 10-K
2 pages
Third Amendment to Executive Services Agreement This Third Amendment (The “Third Amendment”) to the Executive Services Agreement Between Babcock & Wilcox Enterprises, Inc. (The “Company”) and Brpi Executive Consulting, LLC (“Brpi”) Dated November 19, 2018 (The “Services Agreement”) Is Made and Entered Into as of December 29, 2023 (The “Effective Date”). Recitals Whereas, the Company and Brpi Desire to Amend the Services Agreement as Amended by the First Amendment Thereto Dated April 22, 2020 and the Second Amendment Thereto Dated November 5, 2020 (The “Existing Agreement”) to Extend the Term of the Agreement, on the Terms and Conditions Specified in This Third Amendment; and Whereas, Section 10.2 of the Existing Agreement Sets Forth That the Existing Agreement May Only Be Amended by an Agreement in Writing Signed Be Each Party; and Whereas, Each of the Company and Brpi Desire to Amend the Existing Agreement. Now, Therefore, in Consideration of the Foregoing, Section 2 of the Existing Agreement Is Hereby Deleted in Its Entirety and Restated as Follows: “2. Term the Term of This Agreement Shall Commence on November 19, 2018 and Shall Continue Through December 31, 2028, (The “Term”), Unless Terminated by Either Party by Giving Thirty (30) Days Prior Written Notice to the Other Party.” Except as Set Forth Above, Nothing in This Third Amendment Shall Be Deemed to Alter, Amend, or Modify Any Other Provisions of the Existing Agreement. in Witness Whereof, the Parties Hereto Have Agreed to and Have Executed This Third Amendment as of the Effective Date. Brpi Executive Consulting, LLC: By: _ Name: Title: Babcock & Wilcox Enterprises, Inc. By: _ Name: John J. Dziewisz Title: Executive Vice President & Corporate Secretary Verified by Signnow 464fc0d11fb14c35b3a6 01/03/2024 14:26:03 Utc Docusign Envelope Id: 6bf822f5-3762-4fc7-8d60-D37271e59f29 CFO Phil Ahn
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