Better Minerals & Aggregates Co Sample Contracts

AMENDMENT NO. 4 AND WAIVER TO THE CREDIT AGREEMENT
Credit Agreement • March 29th, 2002 • Better Minerals & Aggregates Co • Mining & quarrying of nonmetallic minerals (no fuels) • New York
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WITNESSETH:
Supplemental Indenture • March 27th, 2001 • Better Minerals & Aggregates Co • Mining & quarrying of nonmetallic minerals (no fuels) • New York
AMENDMENT NO. 3 TO THE CREDIT AGREEMENT
Credit Agreement • March 6th, 2001 • Better Minerals & Aggregates Co • Mining & quarrying of nonmetallic minerals (no fuels) • New York
PURCHASE AGREEMENT by and between BETTER MINERALS & AGGREGATES COMPANY and HANSON BMC ACQUISITION CO. Dated as of April 10, 2003
Purchase Agreement • April 18th, 2003 • Better Minerals & Aggregates Co • Mining & quarrying of nonmetallic minerals (no fuels) • New York

PURCHASE AGREEMENT dated as of April 10, 2003 (herein, together with the Schedules attached hereto, referred to as the “Agreement”) among BETTER MINERALS & AGGREGATES COMPANY, a Delaware corporation (the “Seller”), HANSON BMC ACQUISITION CO., a Delaware corporation (“Purchaser”), solely for the purposes of Article 14 hereof, U.S. Silica Company, a Delaware corporation (“Seller Guarantor”), and, solely for the purposes of Article 15 hereof, Hanson Building Materials America, Inc., a Delaware corporation (“Purchaser Guarantor”).

AMENDMENT NO. 6 AND WAIVER TO THE CREDIT AGREEMENT
Credit Agreement • April 18th, 2003 • Better Minerals & Aggregates Co • Mining & quarrying of nonmetallic minerals (no fuels) • New York

AMENDMENT NO. 6 AND WAIVER TO THE CREDIT AGREEMENT (this “Amendment”) among BMAC Holdings, Inc., a Delaware corporation (the “Parent Guarantor”), Better Minerals & Aggregates Company, a Delaware corporation (the “Borrower”), George F. Pettinos (Canada) Limited, a corporation organized and existing under the laws of Ontario, Canada (the “Canadian Borrower”), the banks, financial institutions and other institutional lenders party to the Credit Agreement referred to below (collectively, the “Lenders”), and BNP Paribas (formerly Banque Nationale de Paris), as the issuing bank (the “Issuing Bank”), as the swing line bank (the “Swing Line Bank”), and as agent (together with any successors appointed pursuant to Article VII of the Credit Agreement referred to below, the “Agent”) for the Lender Parties.

AMENDMENT NO. 3 TO STOCKHOLDERS AGREEMENT AND CONSENT OF STOCKHOLDERS
Stockholders Agreement • March 30th, 2004 • Better Minerals & Aggregates Co • Mining & quarrying of nonmetallic minerals (no fuels)

AMENDMENT NO. 3 AND CONSENT OF STOCKHOLDERS dated as of May 15, 2001 (“Amendment No. 3”), among USS Holdings, Inc., a Delaware corporation (the “Corporation”), and the stockholders of the Corporation (each a “Stockholder” and collectively the “Stockholders”) listed on the signature pages hereof, to the Stockholders Agreement (the “Agreement”) dated as of February 9, 1996, as amended, among the Corporation and the Stockholders. In this Amendment No. 3, unless otherwise defined herein or unless the context requires otherwise, capitalized terms shall have the meaning ascribed to them in the Agreement.

USS HOLDINGS, INC. AMENDMENT No. 4 AMENDED AND RESTATED STOCKHOLDERS AGREEMENT Dated as of October 28, 2003
Stockholders Agreement • March 30th, 2004 • Better Minerals & Aggregates Co • Mining & quarrying of nonmetallic minerals (no fuels) • New York

AMENDED AND RESTATED STOCKHOLDERS AGREEMENT (the “Agreement”) dated as of October 28, 2003, among USS HOLDINGS, INC., a Delaware corporation (the “Corporation”), and the stockholders of the Corporation (each a “Stockholder” and collectively the “Stockholders”) listed on the signature pages hereof.

AMENDMENT NO. 7 AND WAIVER TO THE CREDIT AGREEMENT
Credit Agreement • April 18th, 2003 • Better Minerals & Aggregates Co • Mining & quarrying of nonmetallic minerals (no fuels) • New York

AMENDMENT NO. 7 AND WAIVER TO THE CREDIT AGREEMENT (this “Amendment”) among BMAC Holdings, Inc., a Delaware corporation (the “Parent Guarantor”), Better Minerals & Aggregates Company, a Delaware corporation (the “Borrower”), George F. Pettinos (Canada) Limited, a corporation organized and existing under the laws of Ontario, Canada (the “Canadian Borrower”), the banks, financial institutions and other institutional lenders party to the Credit Agreement referred to below (collectively, the “Lenders”), and BNP Paribas (formerly Banque Nationale de Paris), as the issuing bank (the “Issuing Bank”), as the swing line bank (the “Swing Line Bank”), and as agent (together with any successors appointed pursuant to Article VII of the Credit Agreement referred to below, the “Agent”) for the Lender Parties.

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