INDENTUREIndenture • April 27th, 2005 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • New York
Contract Type FiledApril 27th, 2005 Company Industry Jurisdiction
FORM OF SECOND AMENDED AND RESTATED STOCKHOLDERS AGREEMENTStockholders Agreement • April 27th, 2005 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • Delaware
Contract Type FiledApril 27th, 2005 Company Industry Jurisdiction
UNDERWRITING AGREEMENTUnderwriting Agreement • June 6th, 2005 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • New York
Contract Type FiledJune 6th, 2005 Company Industry Jurisdiction
EXHIBIT 10.13 BUILDERS FIRSTSOURCE, INC. FORM OF DIRECTOR INDEMNIFICATION AGREEMENT AGREEMENT, dated as of _______ ___, 2005 between Builders FirstSource, Inc., a Delaware corporation (the "Company"), and [DIRECTOR] ("Indemnitee"). WHEREAS, it is...Indemnification Agreement • May 26th, 2005 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • Delaware
Contract Type FiledMay 26th, 2005 Company Industry Jurisdiction
Exhibit 4.3 REGISTRATION RIGHTS AGREEMENT Dated as of February 11, 2005Registration Rights Agreement • April 27th, 2005 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • New York
Contract Type FiledApril 27th, 2005 Company Industry Jurisdiction
AMONG BUILDERS FIRSTSOURCE, INC. AS BORROWER,Credit Agreement • April 27th, 2005 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • New York
Contract Type FiledApril 27th, 2005 Company Industry Jurisdiction
Exhibit 10.3 EMPLOYMENT AGREEMENT AGREEMENT made as of January 15, 2004, by and between Builders FirstSource, Inc., a Delaware corporation (the "Company"), and Donald F. McAleenan (the "Executive"). WHEREAS, the Company desires that Executive serve as...Employment Agreement • November 2nd, 2005 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • Delaware
Contract Type FiledNovember 2nd, 2005 Company Industry Jurisdiction
EXECUTION COPY EMPLOYMENT AGREEMENT AGREEMENT made as of September 1, 2001, by and between Builders FirstSource, Inc., a Delaware corporation (the "Company"), and Floyd Sherman (the "Executive"). WHEREAS, the Company desires that Executive serve as...Employment Agreement • April 27th, 2005 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • Delaware
Contract Type FiledApril 27th, 2005 Company Industry Jurisdiction
EXHIBIT 10.3 PLEDGE AND SECURITY AGREEMENTPledge and Security Agreement • April 27th, 2005 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • New York
Contract Type FiledApril 27th, 2005 Company Industry Jurisdiction
FORM OF BUILDERS FIRSTSOURCE, INC. 2005 EQUITY INCENTIVE PLAN RESTRICTED STOCK AWARD AGREEMENTRestricted Stock Award Agreement • June 30th, 2005 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • Delaware
Contract Type FiledJune 30th, 2005 Company Industry Jurisdiction
AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • June 6th, 2005 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • Delaware
Contract Type FiledJune 6th, 2005 Company Industry Jurisdiction
BUILDERS FIRSTSOURCE, INC., the GUARANTORS party hereto from time to time AND WILMINGTON TRUST, NATIONAL ASSOCIATION, as Trustee 6.375% Senior Notes due 2034 INDENTURE Dated as of February 29, 2024Indenture • February 29th, 2024 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • New York
Contract Type FiledFebruary 29th, 2024 Company Industry JurisdictionINDENTURE dated as of February 29, 2024, among BUILDERS FIRSTSOURCE, INC. (the “Company”), the Guarantors party hereto from time to time and WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee”).
ARTICLE IStock Purchase Agreement • April 27th, 2005 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • Delaware
Contract Type FiledApril 27th, 2005 Company Industry Jurisdiction
LOAN AND SECURITY AGREEMENT by and among BUILDERS FIRSTSOURCE — DALLAS, LLC BUILDERS FIRSTSOURCE — ATLANTIC GROUP, LLC BUILDERS FIRSTSOURCE — RALEIGH, LLC BUILDERS FIRSTSOURCE — SOUTHEAST GROUP, LLC BUILDERS FIRSTSOURCE — FLORIDA, LLC BUILDERS...Loan and Security Agreement • December 20th, 2007 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • New York
Contract Type FiledDecember 20th, 2007 Company Industry JurisdictionThis Loan and Security Agreement (“Agreement”) dated December 14, 2007 is entered into by and among Builders FirstSource — Dallas, LLC, a Delaware limited liability company (“Builders Dallas”), Builders FirstSource — Atlantic Group, LLC, a Delaware limited liability company (“Builders Atlantic”), Builders FirstSource — Raleigh, LLC, a Delaware limited liability company (“Builders Raleigh”), Builders FirstSource — Southeast Group, LLC, a Delaware limited liability company (“Builders Southeast”), Builders FirstSource — Florida, LLC, a Delaware limited liability company (“Builders Florida”), Builders FirstSource — Northeast Group, LLC, a Delaware limited liability company (“Builders Northeast”), Builders FirstSource — Ohio Valley, LLC, a Delaware limited liability company (“Builders Ohio”), Builders FirstSource — Texas Group, L.P., a Texas limited partnership (“Builders Texas Group”), Builders FirstSource — Texas Installed Sales, L.P., a Texas limited partnership (“Builders Texas Installe
AMENDMENT NO. 2 TO CREDIT AGREEMENTCredit Agreement • April 30th, 2019 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • New York
Contract Type FiledApril 30th, 2019 Company Industry JurisdictionThis AMENDED AND RESTATED ABL CREDIT AGREEMENT is entered into as of July 31, 2015 (as amended, restated, amended and restated, supplemented or otherwise modified from time to time in accordance with the terms hereof, this “Agreement”) among the following: (i) BUILDERS FIRSTSOURCE, INC., a Delaware corporation (the “Borrower”); (iii) the LENDERS from time to time party hereto (each a “Lender” and collectively, the “Lenders”); (iv) SUNTRUST BANK, as the administrative agent (the “Administrative Agent”) and as the Collateral Agent (as hereinafter defined), (iv) SUNTRUST BANK as the Swing Line Lender (as hereinafter defined), (v) SUNTRUST BANK, as an LC Issuer (as hereinafter defined); (vi) CITIGROUP GLOBAL MARKETS, INC. and DEUTSCHE BANK AG NEW YORK BRANCH, as syndication agent (the “Co-Syndication Agents”); (vii) BANK OF AMERICA, N.A. and WELLS FARGO BANK, NATIONAL ASSOCIATION (the “Co-Documentation Agents”); and (viii) SUNTRUST ROBINSON HUMPHREY, INC., CITIGROUP GLOBAL MARKETS, INC., C
amongCollateral Trust Agreement • April 27th, 2005 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • New York
Contract Type FiledApril 27th, 2005 Company Industry Jurisdiction
12,000,000 Shares BUILDERS FIRSTSOURCE, INC. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • July 31st, 2015 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • New York
Contract Type FiledJuly 31st, 2015 Company Industry Jurisdiction
EMPLOYMENT AGREEMENTEmployment Agreement • May 10th, 2022 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • Delaware
Contract Type FiledMay 10th, 2022 Company Industry JurisdictionThis EMPLOYMENT AGREEMENT (this “Agreement”) between Amy Bass Messersmith (“Executive”), Builders FirstSource, Inc., a Delaware corporation (the “Company”), is entered into as of March 14, 2022 (the “Effective Date”).
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • August 23rd, 2016 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • New York
Contract Type FiledAugust 23rd, 2016 Company Industry JurisdictionWHEREAS, the Borrower is party to that certain Credit Agreement dated as of July 31, 2015, by and among the Borrower, each lender from time to time party thereto and the Administrative Agent (as amended, restated, supplemented or otherwise modified prior to the First Amendment Effective Date, the “Existing Credit Agreement”);
BUILDERS FIRSTSOURCE, INC. AND EACH OF THE GUARANTORS PARTY HERETO SECOND PRIORITY SENIOR SECURED FLOATING RATE NOTES DUE 2016 INDENTURE Dated as of January 21, 2010 Wilmington Trust Company TrusteeBuilders FirstSource, Inc. • January 22nd, 2010 • Retail-lumber & other building materials dealers • New York
Company FiledJanuary 22nd, 2010 Industry JurisdictionINDENTURE dated as of January 21, 2010, by and among Builders FirstSource, Inc., a Delaware corporation, the Guarantors (as defined), and Wilmington Trust Company, a Delaware banking corporation, as Trustee.
Employment AgreementEmployment Agreement • March 1st, 2019 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • Delaware
Contract Type FiledMarch 1st, 2019 Company Industry JurisdictionThis Employment Agreement (the “Agreement”) is made effective as of November 29, 2018, by and between Builders FirstSource, Inc., a Delaware corporation (the “Company”), and David E. Rush (“Executive”).
Builders FirstSource, Inc. 6.750% Senior Secured Notes due 2027 Purchase AgreementBuilders FirstSource, Inc. • July 12th, 2019 • Retail-lumber & other building materials dealers • New York
Company FiledJuly 12th, 2019 Industry JurisdictionTerms used in paragraph (a) and this paragraph (b) and not otherwise defined in this Agreement have the meanings given to them by Regulation S.
AMENDMENT NO. 5 TO CREDIT AGREEMENTCredit Agreement • February 8th, 2022 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • New York
Contract Type FiledFebruary 8th, 2022 Company Industry JurisdictionThis AMENDED AND RESTATED ABL CREDIT AGREEMENT is entered into as of July 31, 2015 (as amended, restated, amended and restated, supplemented or otherwise modified from time to time in accordance with the terms hereof, this “Agreement”) among the following: (i) BUILDERS FIRSTSOURCE, INC., a Delaware corporation (the “Borrower”); (iii) the LENDERS from time to time party hereto (each a “Lender” and collectively, the “Lenders”); (iv) TRUIST BANK (as successor by merger to SUNTRUST BANK), as the administrative agent (the “Administrative Agent”) and as the Collateral Agent (as hereinafter defined), (iv) TRUIST BANK (as successor by merger to SUNTRUST BANK) as the Swing Line Lender (as hereinafter defined), (v) TRUIST BANK (as successor by merger to SUNTRUST BANK), as an LC Issuer (as hereinafter defined); (vi) CITIGROUP GLOBAL MARKETS, INC. and DEUTSCHE BANK AG NEW YORK BRANCH, as syndication agent (the “Co-Syndication Agents”); (vii) BANK OF AMERICA, N.A. and WELLS FARGO BANK, NATIONAL ASS
AMENDMENT NO. 1 TO CREDIT AGREEMENTAbl Credit Agreement • March 28th, 2017 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • New York
Contract Type FiledMarch 28th, 2017 Company Industry JurisdictionThis AMENDED AND RESTATED ABL CREDIT AGREEMENT is entered into as of July 31, 2015 (as amended, restated, amended and restated, supplemented or otherwise modified from time to time in accordance with the terms hereof, this “Agreement”) among the following: (i) BUILDERS FIRSTSOURCE, INC., a Delaware corporation (the “Borrower”); (iii) the LENDERS from time to time party hereto (each a “Lender” and collectively, the “Lenders”); (iv) SUNTRUST BANK, as the administrative agent (the “Administrative Agent”) and as the Collateral Agent (as hereinafter defined), (iv) SUNTRUST BANK as the Swing Line Lender (as hereinafter defined), (v) SUNTRUST BANK, as an LC Issuer (as hereinafter defined); (vi) CITIGROUP GLOBAL MARKETS, INC. and DEUTSCHE BANK AG NEW YORK BRANCH, as syndication agent (the “Co-Syndication Agents”); (vii) BANK OF AMERICA, N.A. and WELLS FARGO BANK, NATIONAL ASSOCIATION (the “Co-Documentation Agents”); and (viii) SUNTRUST ROBINSON HUMPHREY, INC., CITIGROUP GLOBAL MARKETS, INC., C
ARTICLE IStockholders Agreement • April 27th, 2005 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • Texas
Contract Type FiledApril 27th, 2005 Company Industry Jurisdiction
BUILDERS FIRSTSOURCE, INC. First Amendment to the Employment Agreement with M. Chad CrowEmployment Agreement • August 4th, 2017 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers
Contract Type FiledAugust 4th, 2017 Company IndustryThis First Amendment to the Employment Agreement dated as of February 23, 2010, (the “Employment Agreement”) between Builders FirstSource, Inc. (the “Company”) and M. Chad Crow (“Executive”) is entered into and effective as of the 19th day of May, 2017.
NOTES COLLATERAL AGREEMENT dated as of May 30, 2019, among BUILDERS FIRSTSOURCE, INC., THE OTHER GRANTORS PARTY HERETO, and WILMINGTON TRUST, NATIONAL ASSOCIATION, as Notes Collateral AgentNotes Collateral Agreement • May 31st, 2019 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • New York
Contract Type FiledMay 31st, 2019 Company Industry JurisdictionWHEREAS, reference is made to the Indenture dated as of the date hereof (as amended, supplemented or otherwise modified from time to time, the “Indenture”), by and among the Issuer, the Guarantors party thereto from time to time (the “Guarantors”) and Wilmington Trust, National Association, as trustee (the “Trustee”) and Notes Collateral Agent. Pursuant to the Indenture, the Issuer has agreed to issue $400,000,000 in aggregate principal amount of 6.750% Senior Secured Notes due 2027 (together with any Additional Notes, the “Notes”), and the Issuer and the Guarantors have agreed to enter into this Agreement for the benefit of the Notes Collateral Agent and the Trustee and for the equal and ratable benefit of the holders of the Notes.
13,263,266 Shares BUILDERS FIRSTSOURCE, INC. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • May 24th, 2016 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • New York
Contract Type FiledMay 24th, 2016 Company Industry Jurisdiction
BUILDERS FIRSTSOURCE, INC. Amendment to the Employment Agreement with Morris E. TollyEmployment Agreement • March 2nd, 2009 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers
Contract Type FiledMarch 2nd, 2009 Company IndustryThis Amendment to the Employment Agreement dated as of January 15, 2004, (the “Agreement”) between Builders FirstSource, Inc. (the “Company”) and Morris E. Tolly (“Executive”) is made this 29th day of October, 2008.
7,000,000 Shares BUILDERS FIRSTSOURCE, INC. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • November 25th, 2015 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • New York
Contract Type FiledNovember 25th, 2015 Company Industry Jurisdiction
INDENTURE Dated as of May 29, 2013 Among BUILDERS FIRSTSOURCE, INC., THE GUARANTORS NAMED ON THE SIGNATURE PAGES HERETO and WILMINGTON TRUST, NATIONAL ASSOCIATION, as Trustee and Notes Collateral Agent 7.625% SENIOR SECURED NOTES DUE 2021Passu Intercreditor Agreement • June 3rd, 2013 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • New York
Contract Type FiledJune 3rd, 2013 Company Industry JurisdictionINDENTURE, dated as of May 29, 2013, among Builders FirstSource, Inc., a Delaware corporation (the “Issuer”), the Guarantors (as defined herein) listed on the signature pages hereto and Wilmington Trust, National Association, a national banking association, as Trustee and Notes Collateral Agent.
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • January 22nd, 2010 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • Delaware
Contract Type FiledJanuary 22nd, 2010 Company Industry JurisdictionThis REGISTRATION RIGHTS AGREEMENT (“Agreement”), dated as of January , 2010, is made by and among JLL Partners Fund V, L.P., a Delaware limited partnership (“JLL Fund V”), and Warburg Pincus Private Equity IX, L.P., a Delaware limited partnership (“Warburg Pincus”) (each of JLL Fund V and Warburg Pincus, an “Investor,” and collectively, the “Investors”), and Builders FirstSource, Inc., a Delaware corporation (the “Company”).
13,482,177 Shares BUILDERS FIRSTSOURCE, INC. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • September 8th, 2017 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • New York
Contract Type FiledSeptember 8th, 2017 Company Industry Jurisdiction
FIRST AMENDMENT TO FINANCING AGREEMENT AND TO PLEDGE AND SECURITY AGREEMENTFinancing Agreement • December 21st, 2012 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • New York
Contract Type FiledDecember 21st, 2012 Company Industry JurisdictionFIRST AMENDMENT, dated as of December 17, 2012 (this “Amendment”), to (a) the Financing Agreement, dated as of December 2, 2011 (as amended, restated or otherwise modified from time to time, the “Financing Agreement”), by and among Builders FirstSource, Inc., a Delaware corporation (the “Parent”), Builders FirstSource—Dallas, LLC, a Delaware limited liability company (“Builders Dallas”), Builders FirstSource—Atlantic Group, LLC, a Delaware limited liability company (“Builders Atlantic”), Builders FirstSource—Raleigh, LLC, a Delaware limited liability company (“Builders Raleigh”), Builders FirstSource—Southeast Group, LLC, a Delaware limited liability company (“Builders Southeast”), Builders FirstSource—Florida, LLC, a Delaware limited liability company (“Builders Florida”), Builders FirstSource—Ohio Valley, LLC, a Delaware limited liability company (“Builders Ohio”), Builders FirstSource—Texas Group, L.P., a Texas limited partnership (“Builders Texas Group”), Builders FirstSource—Texas
ContractSecond Supplemental Indenture • April 24th, 2020 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • New York
Contract Type FiledApril 24th, 2020 Company Industry JurisdictionSECOND SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), dated as of April 24, 2020, by and among Builders FirstSource, Inc., a Delaware corporation (the “Issuer”), the guarantors party hereto (the “Guarantors”) and Wilmington Trust, National Association, as trustee (the “Trustee”) and as collateral agent (the “Notes Collateral Agent”).