EXHIBIT 10.1 CREDIT AGREEMENT DATED AS OF NOVEMBER 26, 2003Credit Agreement • December 19th, 2003 • Nacg Finance LLC • Alberta
LIMITED LIABILITY COMPANY AGREEMENT OF NACG FINANCE LLCLimited Liability Company Agreement • December 19th, 2003 • Nacg Finance LLC • Delaware
BY AND AMONGRegistration Rights Agreement • December 19th, 2003 • Nacg Finance LLC • New York
EACH OF THE GUARANTORS PARTY HERETO, as Guarantors and WELLS FARGO BANK, N.A., as Trustee INDENTUREIndenture • December 19th, 2003 • Nacg Finance LLC • New York
LOGO OF WAJAX Finance] MASTER LEASE -------------- AGREEMENT NO. -------------- 6035 South Service Road, Box 5072, Burlington, Ontario L7R 3YB ================ ================================================================ LESSEE: North American...Master Lease Agreement • December 19th, 2003 • Nacg Finance LLC
EXHIBIT 10.5 INDEMNITY AGREEMENT THIS AGREEMENT made as of the 25th day of November, 2003. B E T W E E N: NORTH AMERICAN ENERGY PARTNERS INC., a corporation incorporated under the provisions of the Canada Business Corporations Act (the "Act") (the...Indemnification Agreement • December 19th, 2003 • Nacg Finance LLC • Ontario
NORAMA INC. (hereinafter called "the Landlord")Renewal Lease Agreement • December 19th, 2003 • Nacg Finance LLC • Alberta
FIRST AMENDING AGREEMENT DATED AS OF MARCH 31, 2004 AMONG NORTH AMERICAN ENERGY PARTNERS INC. as Borrower, THE LENDERS LISTED HEREIN, as Lenders, ROYAL BANK OF CANADA, as Administrative Agent and BNP PARIBAS SECURITIES CORPORATION RBC CAPITAL MARKETS...First Amending Agreement • May 10th, 2004 • Nacg Finance LLC • Mining & quarrying of nonmetallic minerals (no fuels) • Alberta
This FIRST AMENDING AGREEMENT is dated as of March 31, 2004 and entered into by and among NORTH AMERICAN ENERGY PARTNERS INC., a Canadian corporation (“Company”), THE FINANCIAL INSTITUTIONS LISTED ON THE SIGNATURE PAGES HEREOF (each individually referred to herein as a “Lender” and collectively as “Lenders”), BNP PARIBAS, as syndication agent for Lenders (in such capacity, “Syndication Agent”), and ROYAL BANK OF CANADA (“RBC”), as administrative agent for Lenders (in such capacity, “Administrative Agent”).
SECOND AMENDING AGREEMENT Dated as of June 30, 2004 AMONG NORTH AMERICAN ENERGY PARTNERS INC. as Borrower, THE LENDERS LISTED HEREIN, as Lenders, ROYAL BANK OF CANADA, as Administrative Agent and BNP PARIBAS SECURITIES CORPORATION RBC CAPITAL MARKETS...Second Amending Agreement • August 12th, 2004 • Nacg Finance LLC • Mining & quarrying of nonmetallic minerals (no fuels) • Alberta
This SECOND AMENDING AGREEMENT is dated as of June 30, 2004 and entered into by and among NORTH AMERICAN ENERGY PARTNERS INC., a Canadian corporation (“Company”), THE FINANCIAL INSTITUTIONS LISTED ON THE SIGNATURE PAGES HEREOF (each individually referred to herein as a “Lender” and collectively as “Lenders”), BNP PARIBAS, as syndication agent for Lenders (in such capacity, “Syndication Agent”), and ROYAL BANK OF CANADA (“RBC”), as administrative agent for Lenders (in such capacity, “Administrative Agent”).
