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AGREEMENT
effective as of the 28 th day of December, 2005 among Waste Services,
Inc., a Delaware corporation (“WSI”) and Kelso
Investment Associates VI, L.P., a Delaware limited partnership, and
KEP VI, LLC, a Delaware limited liability company, (collectively,
the “Kelso Parties”).
WHEREAS, the Kelso
Parties are the holders of all of the issued and outstanding shares
of Series A Preferred Stock of WSI;
AND WHEREAS, WSI
has, pursuant to the Fourth Amendment to Amended and Restated
Credit Agreement dated as of December 28, 2005 (the
“Fourth Amendment”), agreed to incur additional
indebtedness in an aggregate principal amount of up to
$50 million under the incremental term loan facility pursuant
to Section 10.1(b) of the Amended and Restated Credit
Agreement, dated as of April 30, 2004, as amended;
and
AND WHEREAS, the
Kelso Parties have agreed that the limitations and restrictions of
the of the Amended Certificate of Designations of the Series A
Preferred Stock of WSI shall be amended as provided
herein.
NOW, THEREFORE, it
is agreed as follows:
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1.
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Amendment to
Section 5(c). The number $320&nb
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