CONFIDENTIALITY AGREEMENT
By clicking the button granting you access to the Confidential Offering Memorandum,
you acknowledge that the Exchange Materials (as defined below) are the proprietary and
confidential information of Charah Solutions, Inc. (the “Issuer”) and/or its affiliates, related
parties, current and prospective business partners and other entities (collectively with the Issuer ,
the “Covered Parties”), and you agree to advise your directors, officers, employees, agents,
affiliates and advisers, including, without limitation, your attorneys, accountants, professional
consultants, valuation experts, pricing services, and investment bankers (with respect to any
person, the foregoing persons are hereinafter referred to as such person’s “Representatives”)
who are provided any Exchange Materials of their confidential nature and that such Exchange
Materials are subject to this confidentiality agreement (this “Agreement”). Notwithstanding the
foregoing, by accepting the terms of this Agreement, the party accepting these terms is not
obligated to undertake any monitoring or enforcement activities with respect to any of its
Representatives.
In addition, by accepting this Agreement, you represent to the Issuer that you are, or are
an advisor to, a holder of the Issuer’s 8.50% Senior Notes due 2026 (CUSIP number:
15957P204; ISIN: US15957P2048) (the “Old Notes”), which the Issuer is offering to exchange
for 10.00% Senior Third Lien Secured Notes due 2031 (the “New Third Lien Secured Notes”).
In connection with the receipt of the Exchange Materials, you represent that you have no intent
to, and will not, provide information gained through such access to a competitor of the Issuer,
except as may be required by applicable law. Additionally, you represent that you will comply in
all material respects with applicable law, including any laws relating to the use and publication
of the Exchange Materials.
The information furnished to you pursuant to this Agreement, together with any analyses,
compilations, studies or other documents prepared by you or your Representatives that
reproduce, in whole or in part, such information furnished to you or your Representatives is
collectively referred to as the “Exchange Materials.” Notwithstanding the foregoing, the term
Exchange Materials does not include information that (i) was or becomes available to you on a
non-confidential basis from a source other than the Covered Parties or their Representatives,
provided that such source was not known by you or your Representatives to be bound by any
agreement to keep such information confidential or (iii) the Issuer or any other Covered Party
has specifically marked or otherwise designated in writing as not being confidential.
In connection with such Exchange Materials, you hereby agree that, you shall keep all
such Exchange Materials confidential and not disclose any Exchange Materials to any third
party, except that disclosure of Exchange Materials shall be permitted if such disclosure (i) has
been consented to in writing by the Issuer, (ii) is required by law, or otherwise requested
pursuant to or by any regulation, regulatory authority, stock exchange rule or other applicable
judicial or governmental order (collectively, the “Regulatory Parties”) or (iii) is made to your
Representatives who need to know such information for the purpose of reviewing, assessing and
advising you with respect to potentially purchasing, selling or continuing to hold the Old Notes
(it being understood that such Representatives shall have been advised of this Agreement).
Notwithstanding the foregoing, nothing herein contained shall be construed so as to prevent any advisor to a holder of the Old Notes from disclosing information to clients, client representatives
or similar parties holding an interest (beneficial or otherwise) in the Old Notes.
The Issuer acknowledges and agrees with you that the confidential nature and treatment
of all of the Exchange Materials will expire upon the date on which the information in the
Exchange Materials is otherwise made public (the “Expiration”).
IF YOU ARE NOT PREPARED TO ACCEPT THE TERMS SET FORTH ABOVE,
YOU MUST EXIT THIS PAGE. BY CLICKING ON THE “I AGREE” BUTTON, YOU
ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THE
TERMS AND CONDITIONS OF THIS AGREEMENT.