UNDERWRITING AGREEMENTUnderwriting Agreement • June 6th, 2005 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • New York
FORM OF SECOND AMENDED AND RESTATED STOCKHOLDERS AGREEMENTStockholders Agreement • April 27th, 2005 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • Delaware
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
AMONG BUILDERS FIRSTSOURCE, INC. AS BORROWER,Credit Agreement • April 27th, 2005 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • New York
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
EXHIBIT 10.3 PLEDGE AND SECURITY AGREEMENTPledge and Security Agreement • April 27th, 2005 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • New York
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
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 2021Indenture • June 3rd, 2013 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • New York
INDENTURE, 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.
INDENTUREIndenture • April 27th, 2005 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • New York
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
INDENTURE 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
AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • June 6th, 2005 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • Delaware
AMENDMENT NO. 2 TO CREDIT AGREEMENTCredit Agreement • April 30th, 2019 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • New York
This 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
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
This 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
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...Director Indemnification Agreement • May 26th, 2005 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • Delaware
amongCollateral Trust Agreement • April 27th, 2005 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • New York
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
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
ARTICLE IStockholders Agreement • April 27th, 2005 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • Texas
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • August 23rd, 2016 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • New York
WHEREAS, 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 TrusteeIndenture • January 22nd, 2010 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • New York
INDENTURE 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 • May 10th, 2022 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • Delaware
This 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”).
AMENDED AND RESTATED ABL CREDIT AGREEMENT dated as of July 31, 2015 among BUILDERS FIRSTSOURCE, INC. as the Borrower, THE LENDING INSTITUTIONS FROM TIME TO TIME PARTY HERETO, as Lenders, SUNTRUST BANK, as Administrative Agent and Collateral Agent,...Abl Credit Agreement • August 6th, 2015 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • New York
This AMENDED AND RESTATED CREDIT AGREEMENT is entered into as of July 31, 2015 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., CREDIT SUISSE AG, DEUTSCHE BANK SECURITIES INC. and KEYBANC CAPITAL MARKETS, INC., as Joint Lead Arrangers and Joint Bookrunners.
Builders FirstSource, Inc. 6.750% Senior Secured Notes due 2027 Purchase AgreementPurchase Agreement • July 12th, 2019 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • New York
Terms used in paragraph (a) and this paragraph (b) and not otherwise defined in this Agreement have the meanings given to them by Regulation S.
Employment AgreementEmployment Agreement • March 1st, 2019 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • Delaware
This 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. First Amendment to the Employment Agreement with M. Chad CrowEmployment Agreement • August 4th, 2017 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers
This 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.
AMENDMENT NO. 5 TO CREDIT AGREEMENTCredit Agreement • February 8th, 2022 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • New York
This 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
BUILDERS FIRSTSOURCE, INC. 2007 INCENTIVE PLAN RESTRICTED STOCK AWARD AGREEMENTRestricted Stock Award Agreement • May 1st, 2008 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • Delaware
THIS RESTRICTED STOCK AWARD AGREEMENT, (the “Agreement”), dated as of (the “Grant Date”), is made by and between Builders FirstSource, Inc., a Delaware corporation (the “Company”), and (the “Grantee”).
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
WHEREAS, 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
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
This 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.
TERM LOAN CREDIT AGREEMENT dated as of July 31, 2015, among BUILDERS FIRSTSOURCE, INC., as Borrower, The Lenders Party Hereto and DEUTSCHE BANK AG NEW YORK BRANCH, as Term Administrative Agent DEUTSCHE BANK SECURITIES INC., CITIGROUP GLOBAL MARKETS...Term Loan Credit Agreement • August 6th, 2015 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • Delaware
TERM LOAN CREDIT AGREEMENT dated as of July 31, 2015 (this “Agreement”), among BUILDERS FIRSTSOURCE, INC., a Delaware corporation (the “Borrower”), the LENDERS party hereto and DEUTSCHE BANK AG NEW YORK BRANCH (“DBNY”), as Term Administrative Agent.
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
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • January 22nd, 2010 • Builders FirstSource, Inc. • Retail-lumber & other building materials dealers • Delaware
This 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
