Forterra, Inc. Common Stock, par value $0.001 per share Underwriting AgreementUnderwriting Agreement • October 17th, 2016 • Forterra, Inc. • Concrete products, except block & brick • New York
Forterra, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) for whom you (the “Representatives”) are acting as representatives, an aggregate of shares of common stock, par value $0.001 (“Stock”) of the Company and, at the election of the Underwriters pursuant to Section 2 hereof, up to additional shares of Stock, and the sole stockholder of the Company, Forterra US Holdings, LLC, a Delaware limited liability company (the “Selling Stockholder”), proposes, subject to the terms and conditions stated herein, to sell, at the election of the Underwriters pursuant to Section 2 hereof, up to additional shares of Stock. The shares proposed to be sold by the Company on the date hereof are hereinafter called the “Firm Shares” and the additional shares that the Underwriters elect to purchase from the Company and the Selling Stockholder pursuant to Section 2
INDEMNIFICATION AGREEMENTIndemnification Agreement • August 15th, 2016 • Forterra, Inc. • Concrete products, except block & brick • Delaware
This Indemnification Agreement (this “Agreement”) is entered into as of by and between Forterra, Inc., a Delaware corporation (the “Company”), and (the “Indemnitee”).
AGREEMENT AND PLAN OF MERGER among QUIKRETE HOLDINGS, INC. JORDAN MERGER SUB, INC. and FORTERRA, INC. Dated as of February 19, 2021Merger Agreement • February 22nd, 2021 • Forterra, Inc. • Concrete products, except block & brick • New York
AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of February 19, 2021, among Quikrete Holdings, Inc., a Delaware corporation (“Parent”), Jordan Merger Sub, Inc., a Delaware corporation and a wholly-owned Subsidiary of Parent (“Merger Sub”), and Forterra, Inc., a Delaware corporation (the “Company”).
Common Stock, par value $0.001 per share Underwriting AgreementUnderwriting Agreement • September 24th, 2020 • Forterra, Inc. • Concrete products, except block & brick • New York
Forterra US Holdings, LLC, a Delaware limited liability company (the “Selling Stockholder”), proposes, subject to the terms and conditions stated herein, to sell to the Underwriters named in Schedule I hereto (the “Underwriters”) for whom you (the “Representatives”) are acting as representatives, an aggregate of 10,000,000 shares of common stock, par value $0.001 (“Stock”) of Forterra, Inc., a Delaware corporation (the “Company”) and, at the election of the Underwriters pursuant to Section 2 hereof, the Selling Stockholder also proposes, subject to the terms and conditions stated herein, to sell up to 1,500,000 additional shares of Stock. The initial shares proposed to be sold by the Selling Stockholder on the date hereof are hereinafter called the “Firm Shares” and the additional shares that the Underwriters elect to purchase from the Selling Stockholder pursuant to Section 2 hereof, if any, are hereinafter called the “Optional Shares”. The Firm Shares and the Optional Shares are here
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • August 15th, 2016 • Forterra, Inc. • Concrete products, except block & brick • Delaware
This REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made as of by and among Forterra, Inc., a Delaware corporation (the “Company”), and LSF9 Concrete Mid-Holdings Ltd (the “Original Holder”) as of , 2016.
EMPLOYMENT AGREEMENTEmployment Agreement • June 24th, 2019 • Forterra, Inc. • Concrete products, except block & brick • Texas
This EMPLOYMENT AGREEMENT (the “Agreement”) is entered into as of the 21st day of June, 2019 between Forterra, Inc., a Delaware corporation (the “Company”), and Karl Watson, Jr. (the “Executive”) (each of the foregoing individually a “Party” and collectively the “Parties”).
ASSET ADVISORY AGREEMENT Project StardustAsset Advisory Agreement • July 8th, 2016 • Forterra, Inc. • Texas
THIS ASSET ADVISORY AGREEMENT (“Agreement”) is made effective as of February 9, 2015, by and between HUDSON AMERICAS LLC, a Delaware limited liability company (“Manager”), and LSF9 STARDUST HOLDINGS, L.P., a Bermuda exempted limited partnership (together with its successors and assigns, “Owner,” and, together with Manager, the “Parties”), and joined herein by LONE STAR FUND IX (U.S.), L.P., a Delaware limited partnership (the “Fund”), for the limited purposes set forth in Section 7(a) below.
ASSIGNMENT AND AMENDMENTAssignment and Amendment • July 8th, 2016 • Forterra, Inc.
This ASSIGNMENT AND AMENDMENT, dated as of March 13, 2015 (this “Agreement”), is made by and between LSF9 STARDUST HOLDINGS LLC, a Delaware limited liability company (the “Assignor”), and LSF9 CONCRETE LTD, a company incorporated under the laws of Jersey (the “Assignee”), and, solely for the purposes of Article III hereto, HBMA HOLDINGS LLC, a Delaware limited liability company (the “US Seller”), STRUCTHERM HOLDINGS LIMITED, an English private limited company (the “UK Seller”), HANSON AMERICA HOLDINGS (4) LIMITED, an English private limited company (the “CDN Seller”), and HANSON PACKED PRODUCTS LIMITED (formerly known as Hanson Building Products Limited), an English private limited company (“HPPL,” and together with the US Seller, the UK Seller and the CDN Seller, the “Sellers”) and STARDUST ACQUISITION I COMPANY, LLC, a Delaware limited liability company (“US Acquisition I”), STARDUST ACQUISITION II COMPANY, LLC, a Delaware limited liability company (“US Acquisition II”), LSF9 CONCRET
SEPARATION AND GENERAL RELEASE AGREEMENTSeparation and General Release Agreement • March 12th, 2019 • Forterra, Inc. • Concrete products, except block & brick • Texas
This SEPARATION AND GENERAL RELEASE AGREEMENT (this “Agreement”) is entered into by and among William P. Kerfin, Jr. (the “Executive”), on the one hand, and Forterra, Inc. (“Forterra”), and USP Holdings, Inc. (the “Company”), on the other hand, and is effective as of the Effective Date (as defined herein). The Company, Forterra and the Executive shall each be referred to in this Agreement as a “Party,” and collectively as the “Parties.”
EMPLOYMENT AGREEMENTEmployment Agreement • December 20th, 2017 • Forterra, Inc. • Concrete products, except block & brick • Texas
This EMPLOYMENT AGREEMENT (the "Agreement") is entered into as of the 18th day of December, 2017 between Forterra, Inc., a Delaware corporation (the "Company") and Lori M. Browne (the "Executive") (each of the foregoing individually a "Party" and collectively the "Parties").
TAX RECEIVABLE AGREEMENT by and between LSF9 Stardust Holdings, L.P. and Forterra, Inc. Dated as of October , 2016Tax Receivable Agreement • October 17th, 2016 • Forterra, Inc. • Concrete products, except block & brick • New York
This TAX RECEIVABLE AGREEMENT (this “Agreement”), dated as of October , 2016, is hereby entered into by and between Forterra, Inc., a Delaware corporation (the “Company”), LSF9 Stardust Holdings, L.P., a Delaware limited partnership (along with any successor as provided in Section 7.16, the “TRA Party Representative”), and the Persons listed on Schedule A, as amended from time to time (each, a “TRA Party”). Capitalized terms used herein have the respective meanings set forth in Section 1.01.
ABL CREDIT AGREEMENT dated as of October 25, 2016, among FORTERRA, INC., THE OTHER US BORROWERS PARTY HERETO, THE CANADIAN BORROWERS PARTY HERETO, THE LENDERS PARTY HERETO, and BANK OF AMERICA, N.A., as Agent CREDIT SUISSE SECURITIES (USA) LLC, BANK...Abl Credit Agreement • November 10th, 2016 • Forterra, Inc. • Concrete products, except block & brick • New York
ABL CREDIT AGREEMENT, dated as of October 25, 2016, among Forterra, Inc., a Delaware corporation (“Holdings”), the other US Borrowers (as defined herein) party to this Agreement, the Canadian Borrowers (as defined herein) party to this Agreement (together with Holdings and the other US Borrowers, the “Borrowers”, and, each, a “Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement as lenders and as issuing banks, and BANK OF AMERICA, N.A., as administrative agent and collateral agent (together with its successors and permitted assigns in such capacities, the “Agent”).
ContractSecond Incremental Facility Amendment • July 8th, 2016 • Forterra, Inc. • New York
SECOND INCREMENTAL FACILITY AMENDMENT, dated as of June 17, 2016 (this “Agreement”), to the Senior Lien Term Loan Credit Agreement dated as of March 13, 2015 (as amended, supplemented or otherwise modified through the date hereof, the “Credit Agreement”), among STARDUST FINANCE HOLDINGS, INC. (the “Borrower”), LSF9 CONCRETE LTD (“Holdings”), LSF9 CONCRETE HOLDINGS LTD (“Mid-Holdings”), the lenders party thereto from time to time, and CREDIT SUISSE AG, as administrative agent and collateral agent (in such capacity, the “Administrative Agent”).
AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF CONCRETE PIPE & PRECAST, LLC DATED AS OF August 3, 2012Limited Liability Company Agreement • July 8th, 2016 • Forterra, Inc. • Delaware
This Amended and Restated Limited Liability Company Agreement of Concrete Pipe & Precast, LLC, a Delaware limited liability company (the “Company”), is entered into as of August 3, 2012 (the “Effective Date”), by and among the Company and the Members executing this Agreement as of the Effective Date.
SENIOR LIEN TERM LOAN CREDIT AGREEMENT dated as of October 25, 2016, among FORTERRA FINANCE, LLC, FORTERRA, INC., THE LENDERS PARTY HERETO and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as Administrative Agent CREDIT SUISSE SECURITIES (USA) LLC, as Sole...Senior Lien Term Loan Credit Agreement • November 10th, 2016 • Forterra, Inc. • Concrete products, except block & brick • New York
TERM LOAN CREDIT AGREEMENT, dated as of October 25, 2016, among Forterra Inc., a Delaware corporation (“Holdings”), Forterra Finance, LLC, a Delaware limited liability company (the “Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement as lenders and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as administrative agent and collateral agent (together with its successors and permitted assigns in such capacity, the “Administrative Agent”).
ContractAbl Credit Agreement • July 8th, 2016 • Forterra, Inc. • New York
SECOND AMENDMENT AND CONSENT, dated as of April 13, 2016 (this “Amendment”), to the ABL Credit Agreement dated as of March 13, 2015 (as amended, supplemented or otherwise modified through the date hereof, the “Credit Agreement”), among STARDUST FINANCE HOLDINGS, INC. (the “Initial Borrower”), the additional revolving borrowers party thereto (the “Additional Revolving Borrowers”, and together with the Initial Borrower, the “Borrowers”, and each, a “Borrower”), LSF9 CONCRETE LTD (“Holdings”), LSF9 CONCRETE HOLDINGS LTD (“Mid-Holdings”), the lenders party thereto from time to time and BANK OF AMERICA, N.A., as successor by assignment to Credit Suisse AG, Cayman Islands Branch, as Administrative Agent (in such capacity, together with its successors and assigns, the “Administrative Agent”), and BANK OF AMERICA, N.A., as collateral agent (in such capacity, together with its successors and assigns, the “Collateral Agent”).
PURCHASE AGREEMENT among HBMA HOLDINGS LLC, STRUCTHERM HOLDINGS LIMITED, HANSON AMERICA HOLDINGS (4) LIMITED, HANSON PACKED PRODUCTS LIMITED, LSF9 STARDUST HOLDINGS LLC and, solely for the purposes of Section 9.08 and Article XI, HEIDELBERGCEMENT AG...Purchase Agreement • July 8th, 2016 • Forterra, Inc. • Delaware
PURCHASE AGREEMENT, dated as of December 23, 2014 (this “Agreement”), among HBMA HOLDINGS LLC, a Delaware limited liability company (the “US Seller”), STRUCTHERM HOLDINGS LIMITED, an English private limited company (the “UK Seller”), HANSON AMERICA HOLDINGS (4) LIMITED, an English private limited company (the “CDN Seller”), HANSON PACKED PRODUCTS LIMITED (formerly known as Hanson Building Products Limited), an English private limited company (“HPPL”, and together with the US Seller, the UK Seller and the CDN Seller, the “Sellers”) and LSF9 STARDUST HOLDINGS LLC, a Delaware limited liability company (the “Purchaser”), and, solely for the purposes of Section 9.08 and Article XI hereto, HEIDELBERGCEMENT AG, an Aktiengesellschaft organized in Germany (“Seller Parent”).
TAX RECEIVABLE AGREEMENT by and between [Lone Star] and Forterra, Inc. Dated as of [●], 2016Tax Receivable Agreement • August 15th, 2016 • Forterra, Inc. • Concrete products, except block & brick • New York
This TAX RECEIVABLE AGREEMENT (this “Agreement”), dated as of [ ], 2016, is hereby entered into by and between Forterra, Inc., a Delaware corporation (the “Company”), [Lone Star], a [ ] (along with any successor as provided in Section 7.08, the “TRA Party Representative”), and the stockholders listed on Schedule A (each, a “TRA Party”). Capitalized terms used herein have the respective meanings set forth in Section 1.01.
EMPLOYMENT AGREEMENTEmployment Agreement • July 24th, 2018 • Forterra, Inc. • Concrete products, except block & brick • Texas
This EMPLOYMENT AGREEMENT (the "Agreement") is entered into as of the 26th day of April, 2016 between USP Holdings, Inc. (the "Company") and William P. Kerfin, Jr. (the "Executive") (each of the foregoing individually a "Party" and collectively the "Parties").
CONFIDENTIAL SEPARATION AGREEMENT AND FULL RELEASE OF CLAIMSConfidential Separation Agreement • July 8th, 2016 • Forterra, Inc. • Texas
This Confidential Separation Agreement and Full Release of Claims (the “Agreement”) is made between Scott T. Szwejbka (Employee ID# 4058779) (“Employee”) and Forterra Pipe & Precast, LLC, and its parents, subsidiaries, and affiliates (collectively referred to in this Agreement as the “Company”) regarding the terms and conditions of Employee’s separation of employment from the Company.
ContractAbl Credit Agreement • July 8th, 2016 • Forterra, Inc. • New York
FIRST AMENDMENT dated as of April 1, 2015 (this “Amendment”) among LSF9 CONCRETE HOLDINGS LTD, a company incorporated under the laws of the Bailiwick of Jersey with registered number 117752 (“Mid-Holdings”), STARDUST FINANCE HOLDINGS, INC., a Delaware corporation (the “Initial Borrower”), the Additional Revolving Borrowers party thereto (together with the Initial Borrower, the “Borrowers”), the LENDERS party hereto (the “Lenders”) and CREDIT SUISSE AG, as administrative agent (in such capacity, the “Administrative Agent”) under the Credit Agreement referred to below, to the ABL CREDIT AGREEMENT dated as of March 13, 2015 (as amended, restated, supplemented or otherwise modified prior to the date hereof, the “Credit Agreement”) among LSF9 CONCRETE LTD, Mid-Holdings, the Borrowers, the Lenders from time to time party thereto, the Administrative Agent and BANK OF AMERICA, N.A., as collateral agent.
SEPARATION AND RELEASE AGREEMENTSeparation and Release Agreement • July 8th, 2016 • Forterra, Inc. • Texas
This SEPARATION AND RELEASE AGREEMENT (this “Agreement”) is entered into this 27 day of July, 2015 by and between Plamen Jordanoff (the “Executive”) and HBP Pipe and Precast LLC (f/k/a Hanson Pipe and Precast LLC) (the “Company”). The Company and the Executive shall each be referred to in this Agreement as a “Party,” and collectively as the “Parties.”
ContractFirst Incremental Facility Amendment • July 8th, 2016 • Forterra, Inc. • New York
FIRST INCREMENTAL FACILITY AMENDMENT, dated as of October 1, 2015 (this “Agreement”), to the Senior Lien Term Loan Credit Agreement dated as of March 13, 2015 (as amended, supplemented or otherwise modified through the date hereof, the “Credit Agreement”), among STARDUST FINANCE HOLDINGS, INC. (the “Borrower”), LSF9 CONCRETE LTD (“Holdings”), LSF9 CONCRETE HOLDINGS LTD (“Mid-Holdings”), the lenders party thereto from time to time, and CREDIT SUISSE AG, as administrative agent and collateral agent (in such capacity, the “Administrative Agent”).
HeidelbergCement Letterhead]Purchase Agreement • July 8th, 2016 • Forterra, Inc.
SEPARATION AND GENERAL RELEASE AGREEMENTSeparation and General Release Agreement • February 27th, 2020 • Forterra, Inc. • Concrete products, except block & brick • Texas
This SEPARATION AND GENERAL RELEASE AGREEMENT (this “Agreement”) is entered into by and between Jeff Bradley (“Executive”) and Forterra, Inc. (the “Company”) and is effective as of the Effective Date (as defined herein). The Company and Executive shall each be referred to in this Agreement as a “Party,” and collectively as the “Parties.”
ContractSenior Lien Term Loan Credit Agreement • May 15th, 2017 • Forterra, Inc. • Concrete products, except block & brick • New York
FIRST AMENDMENT, dated as of May 1, 2017 (this “Agreement”), to the Senior Lien Term Loan Credit Agreement dated as of October 25, 2016 (as amended, supplemented or otherwise modified to the date hereof, the “Credit Agreement”), among FORTERRA FINANCE, LLC (the “Borrower”), FORTERRA, INC. (“Holdings”), the several banks and other financial institutions or entities from time to time party thereto as lenders, and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as administrative agent and collateral agent (in such capacity, the “Administrative Agent”).
FORTERRA FINANCE, LLC, as the Issuer FRTA FINANCE CORP., as the Co-Issuer THE GUARANTORS PARTY THERETO FROM TIME TO TIME, as Guarantors 6.50% SENIOR SECURED NOTES DUE 2025 INDENTURE Dated as of July 16, 2020 DEUTSCHE BANK TRUST COMPANY AMERICAS, as...Indenture • July 17th, 2020 • Forterra, Inc. • Concrete products, except block & brick • New York
INDENTURE dated as of July 16, 2020, by and among Forterra Finance, LLC, a Delaware limited liability company (“Forterra Finance”) and wholly-owned subsidiary of Forterra, Inc., a Delaware corporation (the “Company”), and FRTA Finance Corp., a Delaware corporation and wholly-owned subsidiary of Forterra Finance (the “Co-Issuer” and, together with Forterra Finance, the “Issuers” and each, individually, an “Issuer”), the Guarantors (as defined herein) party hereto from time to time and Deutsche Bank Trust Company Americas, as trustee (the “Trustee”) and as Collateral Agent (as defined herein).
CONFIDENTIAL SEPARATION AGREEMENT AND FULL RELEASE OF CLAIMSConfidential Separation Agreement • July 8th, 2016 • Forterra, Inc. • Texas
This Confidential Separation Agreement and Full Release of Claims (the “Agreement”) is made between (Mark Conte) (employee ID# 4311228) (“Employee”) and HBP Pipe & Precast LLC f/k/a Hanson Pipe & Precast LLC, and any parent, subsidiary, or affiliate (collectively referred to in this Agreement as the “Company”) regarding the terms and conditions of Employee’s separation of employment from the Company.
MASTER LAND AND BUILDING LEASE between Pipe Portfolio Owner Exchange (Multi) LP, a Delaware limited partnership, as LANDLORD and Forterra Pipe & Precast, LLC, a Delaware limited liability company, Forterra Pressure Pipe, Inc., an Ohio corporation,...Master Land and Building Lease • August 15th, 2016 • Forterra, Inc. • Concrete products, except block & brick • New York
THIS MASTER LAND AND BUILDING LEASE (this “Lease”) is made and entered into as of April 5, 2016 (the “Commencement Date”), by and among Pipe Portfolio Owner Exchange (Multi) LP, a Delaware limited partnership (“Landlord”), and Forterra Pipe & Precast, LLC, a Delaware limited liability company, Forterra Pressure Pipe, Inc., an Ohio corporation, Forterra Concrete Products, Inc., an Iowa corporation and Forterra Concrete Industries, Inc., a Tennessee corporation (individually and collectively, jointly and severally, as co-tenants “Tenant”).
STOCK PURCHASE AGREEMENT BY AND AMONG FORTERRA PIPE & PRECAST, LLC, USP HOLDINGS INC. THE STOCKHOLDERS AND OPTIONHOLDERS OF USP HOLDINGS INC., AND ALABAMA SELLER REP INC., AS SELLER REPRESENTATIVE Dated as of February 12, 2016Stock Purchase Agreement • July 8th, 2016 • Forterra, Inc. • Delaware
This STOCK PURCHASE AGREEMENT, dated as of February 12, 2016 (the “Agreement”), by and among (i) Forterra Pipe & Precast, LLC, a limited liability company organized under the laws of Delaware (the “Purchaser”), (ii) USP Holdings Inc., a Delaware corporation (“Holdings”), (iii) the holders of common stock of Holdings listed on Exhibit I hereto under the heading “Stockholders” (each, a “Stockholder” and collectively, the “Stockholders”), (iv) the holders of Options (as defined herein) listed on Exhibit I hereto under the heading “Optionholders” (collectively with the Stockholders, the “Sellers” and each, individually, a “Seller”), and (v) Alabama Seller Rep Inc., a Delaware corporation, as designated agent on behalf of the Sellers (“Seller Representative”). Purchaser, Holdings, the Sellers and Seller Representative are each referred to in this Agreement as a “Party” and are collectively referred to in this Agreement as the “Parties.”
PURCHASE AGREEMENT by and among FORTERRA PIPE & PRECAST, LLC, SHERMAN-DIXIE CONCRETE INDUSTRIES, INC., THE SHAREHOLDERS LISTED ON EXHIBIT A, and PKD PARTNERSHIP Dated as of January 29, 2016Purchase Agreement • July 8th, 2016 • Forterra, Inc. • Delaware
THIS PURCHASE AGREEMENT, dated as of January 29, 2016 (this “Agreement”), is entered into by and among FORTERRA PIPE & PRECAST, LLC, a limited liability company (“Buyer”), SHERMAN-DIXIE CONCRETE INDUSTRIES, INC., a Tennessee corporation (“Company”), the shareholders of Company identified on Exhibit A (the “Shareholders”), and PKD PARTNERSHIP, a Tennessee general partnership (“Real Estate Seller”; and together with the Shareholders and Company, the “Sherman-Dixie Parties”).
Execution Version 120761002 MEMBERSHIP INTEREST PURCHASE AGREEMENT BETWEEN FORTERRA PIPE & PRECAST, LLC AS SELLER, AND EAGLE CORPORATION AS PURCHASER, AND SOLELY FOR PURPOSES OF SECTION 8.2(b), QUIKRETE HOLDINGS, INC. Dated as of November 24, 2021Membership Interest Purchase Agreement • March 1st, 2022 • Forterra, Inc. • Concrete products, except block & brick • Delaware
ContractIncremental Facility Amendment • July 8th, 2016 • Forterra, Inc. • New York
INCREMENTAL FACILITY AMENDMENT, dated as of November 10, 2015 (this “Agreement”), to the ABL Credit Agreement dated as of March 13, 2015 (as amended, supplemented or otherwise modified through the date hereof, the “Credit Agreement”), among STARDUST FINANCE HOLDINGS, INC. (the “Initial Borrower”), the additional revolving borrowers party thereto (the “Additional Revolving Borrowers”, and together with the Initial Borrower, the “Borrowers”, and each, a “Borrower”), LSF9 CONCRETE LTD (“Holdings”), LSF9 CONCRETE HOLDINGS LTD (“Mid-Holdings”), the lenders party thereto from time to time, CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as administrative agent, and BANK OF AMERICA, N.A., as collateral agent.
FIRST AMENDMENT TO ABL CREDIT AGREEMENTdated as of June 17, 2020,amongFORTERRA, INC.,THE OTHER US BORROWERS PARTY HERETO,THE CANADIAN BORROWERS PARTY HERETO,THE LENDERS PARTY HERETO,andBANK OF AMERICA, N.A.,as Agent, BOFA SECURITIES, INC. DEUTSCHE...Abl Credit Agreement • July 28th, 2020 • Forterra, Inc. • Concrete products, except block & brick • New York
FIRST AMENDMENT TO ABL CREDIT AGREEMENT dated as of June 17, 2020 (this “Amendment”), to the ABL Credit Agreement dated as of October 25, 2016 (as amended, restated, amended and restated, supplemented or otherwise modified through the date hereof, the “Credit Agreement”), among Forterra, Inc., a Delaware corporation (“Holdings”), the other US Borrowers (as defined in the Credit Agreement) party thereto, the Canadian Borrowers (as defined in the Credit Agreement) party thereto (together with Holdings and the US Borrowers, collectively, the “Borrowers”, and, each, a “Borrower”), the lenders and issuing banks party thereto from time to time and BANK OF AMERICA, N.A., as administrative agent and collateral agent (in such capacity, together with its successors and permitted assigns, the “Agent”).
MASTER LAND AND BUILDING LEASE between FORT-NOM HOLDINGS (ONQC) INC., a British Columbia corporation, as LANDLORD and Forterra Pipe & Precast, Ltd., an Ontario corporation, Forterra Pressure Pipe, Inc., a Quebec corporation, and Forterra Pipe &...Master Land and Building Lease • August 15th, 2016 • Forterra, Inc. • Concrete products, except block & brick • Ontario
Reference is made to a lease dated as of April 5, 2016 (the “Lease”) made between, among others, FORT-NOM Holdings (ONQC) Inc. (the “Landlord”), as landlord, and Forterra Pipe & Precast, Ltd., Forterra Pressure Pipe, Inc. and Forterra Pipe & Precast Québec, Ltd. (collectively, the “Tenant”), as tenant.
