CONSTRUCTION PARTNERS, INC. (a Delaware corporation) 2,000,000 Shares of Class A Common Stock, Par Value $0.001 UNDERWRITING AGREEMENTUnderwriting Agreement • March 23rd, 2021 • Construction Partners, Inc. • Heavy construction other than bldg const - contractors • New York
●] Shares CONSTRUCTION PARTNERS, INC. CLASS A COMMON STOCK, PAR VALUE $0.001 PER SHARE UNDERWRITING AGREEMENTUnderwriting Agreement • April 23rd, 2018 • Construction Partners, Inc. • Heavy construction other than bldg const - contractors • New York
Construction Partners, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule I hereto (the “Underwriters”), for whom Robert W. Baird & Co. Incorporated, Raymond James & Associates, Inc. and Stephens Inc. (the “Representatives”) are acting as representatives, and certain stockholders of the Company named in Schedule II hereto (the “Selling Stockholders”) severally propose to sell to the Underwriters, subject to the terms and conditions set forth herein, an aggregate of [●] shares (the “Firm Shares”) of the Company’s Class A common stock, par value $0.001 per share (the “Common Stock”), of which [●] shares are to be issued and sold by the Company and [●] shares are to be sold by the Selling Stockholders, with each Selling Stockholder selling the number of Firm Shares set forth opposite such Selling Stockholder’s name in Schedule II hereto.
FIRST AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • October 4th, 2021 • Construction Partners, Inc. • Heavy construction other than bldg const - contractors • New York
This FIRST AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT, dated as of October 1, 2021 (this “Amendment”), among Construction Partners, Inc., a Delaware corporation (“Construction Partners”); Wiregrass Construction Company, Inc., an Alabama corporation (“Wiregrass Construction”); FSC II, LLC, a North Carolina limited liability company (“FSC”); C. W. Roberts Contracting, Incorporated, a Florida corporation (“Roberts Contracting”) and The Scruggs Company, a Georgia corporation (“Scruggs”, and, collectively with Construction Partners, Wiregrass Construction, FSC and Roberts Contracting, the “Borrowers”, and each, individually, a “Borrower”), the Lenders party hereto, and BBVA USA (“BBVA”), as Administrative Agent, L/C Issuer, and an Arranger.
FORM OF INDEMNIFICATION AGREEMENTIndemnification Agreement • April 23rd, 2018 • Construction Partners, Inc. • Heavy construction other than bldg const - contractors • Delaware
THIS INDEMNIFICATION AGREEMENT (the “Agreement”) is made and entered into as of [●], 2018 by and between Construction Partners, Inc., a Delaware corporation (the “Company”), and [●] (“Indemnitee”).
SECOND AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • June 25th, 2021 • Construction Partners, Inc. • Heavy construction other than bldg const - contractors • New York
This SECOND AMENDED AND RESTATED CREDIT AGREEMENT is entered into as of June 24, 2021 among Construction Partners, Inc., a Delaware corporation (“Construction Partners”); Wiregrass Construction Company, Inc., an Alabama corporation (“Wiregrass Construction”); FSC II, LLC, a North Carolina limited liability company (“FSC”); C. W. Roberts Contracting, Incorporated, a Florida corporation (“Roberts Contracting”); Everett Dykes Grassing Co., Inc., a Georgia corporation (“Everett Dykes-Grassing”); and The Scruggs Company, a Georgia corporation (“Scruggs”, and, collectively with Construction Partners, Wiregrass Construction, FSC, Roberts Contracting and Everett Dykes-Grassing, the “Borrowers”, and each, individually, a “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and BBVA USA (“BBVA”), as Administrative Agent, L/C Issuer, and an Arranger.
FORM OF SUNTX CPI GROWTH COMPANY, INC. NON-PLAN STOCK OPTION AGREEMENTNon-Plan Stock Option Agreement • April 6th, 2018 • Construction Partners, Inc. • Heavy construction other than bldg const - contractors • Delaware
This Non-Plan Stock Option Agreement, dated as of March 31, 2010 (this “Agreement”), is made and entered into by and between SunTx CPI Growth Company, Inc., a Delaware corporation (the “Company”), and the undersigned Optionee. All capitalized terms used but not otherwise defined in this Agreement shall have the meaning assigned to them in the attached Appendix.
325,000,000 REVOLVING CREDIT FACILITY $250,000,000 TERM LOAN $50,000,000 DELAYED DRAW TERM LOAN THIRD AMENDED AND RESTATED CREDIT AGREEMENT by and among CONSTRUCTION PARTNERS, INC., WIREGRASS CONSTRUCTION COMPANY, INC., FSC II, LLC, C. W. ROBERTS...Credit Agreement • June 30th, 2022 • Construction Partners, Inc. • Heavy construction other than bldg const - contractors • New York
THIS THIRD AMENDED AND RESTATED CREDIT AGREEMENT is dated as of June 30, 2022 and is made by and among Construction Partners, Inc., a Delaware corporation (“Construction Partners”); Wiregrass Construction Company, Inc., an Alabama corporation (“Wiregrass Construction”); FSC II, LLC, a North Carolina limited liability company (“FSC”); C. W. Roberts Contracting, Incorporated, a Florida corporation (“Roberts Contracting”); King Asphalt, Inc., a South Carolina corporation (“King Asphalt”); and The Scruggs Company, a Georgia corporation (“Scruggs”, and, collectively with Construction Partners, Wiregrass Construction, FSC, Roberts Contracting and King Asphalt, the “Borrowers”, and each, individually, a “Borrower”), the GUARANTORS (as hereinafter defined), the LENDERS (as hereinafter defined), and PNC BANK, NATIONAL ASSOCIATION, in its capacity as the Administrative Agent (as hereinafter defined) and Issuing Lender (as hereinafter defined).
FORM OF FIRST AMENDMENT TO NON-PLAN STOCK OPTION AGREEMENTNon-Plan Stock Option Agreement • April 6th, 2018 • Construction Partners, Inc. • Heavy construction other than bldg const - contractors • Delaware
This First Amendment (this “Amendment”) to the Non-Plan Stock Option Agreement, dated July 1, 2011 (the “Option Agreement”), by and between SunTx CPI Growth Company, Inc, a Delaware corporation (the “Company”), and [ ]. (the “Optionee”). Capitalized terms used herein but not defined herein are used as defined in the Option Agreement.
AMENDMENT TO CREDIT AGREEMENTCredit Agreement • April 6th, 2018 • Construction Partners, Inc. • Heavy construction other than bldg const - contractors
THIS AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is made and entered into as of June 30, 2017, by and among CONSTRUCTION PARTNERS, INC., a Delaware corporation (“Construction Partners”); WIREGRASS CONSTRUCTION COMPANY, INC., an Alabama corporation (“Wiregrass Construction”); FRED SMITH CONSTRUCTION, INC., a North Carolina corporation (“Fred Smith Construction”); FSC II, LLC, a North Carolina limited liability company (“FSC”); C. W. ROBERTS CONTRACTING, INCORPORATED, a Florida corporation (“Roberts Contracting”); EVERETT DYKES GRASSING CO., INC., a Georgia corporation (“Everett Dykes” and together with Construction Partners, Wiregrass Construction, Fred Smith Construction, FSC and Roberts Contracting, “Borrowers”); COMPASS BANK, a bank organized under the laws of the State of Alabama, as agent for the Lenders and as a Lender and Issuing Bank (“Agent”); and SERVISFIRST BANK, as a Lender (“ServisFirst”). Each of Agent and ServisFirst shall be referred to herein as a “Lender” and coll
LOAN MODIFICATION AGREEMENT AND AMENDMENT TO LOAN DOCUMENTSLoan Modification Agreement And • April 6th, 2018 • Construction Partners, Inc. • Heavy construction other than bldg const - contractors
THIS LOAN MODIFICATION AGREEMENT AND AMENDMENT TO LOAN DOCUMENTS (this “Agreement”) is being entered into as of the 14th day of November, 2017, by and among CONSTRUCTION PARTNERS HOLDINGS, INC., a Delaware corporation, formerly known as Construction Partners, Inc. (“Holdings”); WIREGRASS CONSTRUCTION COMPANY, INC., an Alabama corporation (“Wiregrass Construction”); FRED SMITH CONSTRUCTION, INC., a North Carolina corporation (“Fred Smith Construction”); FSC II, LLC, a North Carolina limited liability company (“FSC”); C. W. ROBERTS CONTRACTING, INCORPORATED, a Florida corporation (“Roberts Contracting”); EVERETT DYKES GRASSING CO., INC., a Georgia corporation (“Everett Dykes” and together with Holdings, Wiregrass Construction, Fred Smith Construction, FSC and Roberts Contracting, “Borrowers”); CONSTRUCTION PARTNERS, INC., a Delaware corporation, formerly known as SunTx CPI Growth Company, Inc. (“CPI fka SunTx”); COMPASS BANK, a bank organized under the laws of the State of Alabama, as ag
AMENDMENT TO MANAGEMENT SERVICES AGREEMENTManagement Services Agreement • April 6th, 2018 • Construction Partners, Inc. • Heavy construction other than bldg const - contractors
Construction Partners, Inc., a Delaware corporation (the “Company”) and SunTx Capital Management Corp., a Texas corporation (“SunTx”), hereby enter into this Amendment (the “Amendment”), which is made effective as of October 1, 2013, to the Management Services Agreement, dated October 1, 2006 (the “Agreement”).
THIRD AMENDMENT TO MANAGEMENT SERVICES AGREEMENTManagement Services Agreement • May 9th, 2023 • Construction Partners, Inc. • Heavy construction other than bldg const - contractors
Construction Partners, Inc., a Delaware corporation (the “Company”) and SunTx Capital Management Corp., a Texas corporation (“SunTx”), hereby enter into this Third Amendment to Management Services Agreement (the “Amendment”), which is made effective as of October 1, 2022, to the Management Services Agreement, dated October 1, 2006 as amended by that certain Amendment to Management Services Agreement dated effective as of October 1, 2013, as further amended by that certain Second Amendment to Management Services Agreement dated effective as of October 1, 2015 (the “Agreement”).
FIRST AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • November 22nd, 2022 • Construction Partners, Inc. • Heavy construction other than bldg const - contractors
This FIRST AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT, dated as of November 17, 2022 (this “Amendment”), among Construction Partners, Inc., a Delaware corporation (“Construction Partners”); Wiregrass Construction Company, Inc., an Alabama corporation (“Wiregrass Construction”); FSC II, LLC, a North Carolina limited liability company (“FSC”); C. W. Roberts Contracting, Incorporated, a Florida corporation (“Roberts Contracting”), King Asphalt, Inc., a South Carolina corporation (“King Asphalt”) and The Scruggs Company, a Georgia corporation (“Scruggs”, and, collectively with Construction Partners, Wiregrass Construction, FSC, Roberts Contracting and King Asphalt, the “Borrowers”, and each, individually, a “Borrower”), the Lenders party hereto, and PNC Bank National Association (“PNC”), as Administrative Agent and Issuing Lender.
AMENDED AND RESTATED CREDIT AGREEMENTAssignment and Assumption Agreement • August 3rd, 2020 • Construction Partners, Inc. • Heavy construction other than bldg const - contractors • New York
THIS AMENDED AND RESTATED CREDIT AGREEMENT is dated as of July 30, 2020, among CONSTRUCTION PARTNERS, INC., a Delaware corporation ("Construction Partners"); WIREGRASS CONSTRUCTION COMPANY, INC., an Alabama corporation ("Wiregrass Construction"); FSC II, LLC, a North Carolina limited liability company ("FSC"); C. W. ROBERTS CONTRACTING, INCORPORATED, a Florida corporation ("Roberts Contracting"); EVERETT DYKES GRASSING CO., INC., a Georgia corporation ("Everett Dykes"); THE SCRUGGS COMPANY, a Georgia corporation ("Scruggs Company" and together with Construction Partners, Wiregrass Construction, FSC, Roberts Contracting, and Everett Dykes, the "Borrowers" and each individually, a "Borrower"); the financial institutions party to this Agreement from time to time as lenders (collectively, the "Lenders"); and BBVA USA, formerly known as Compass Bank, a bank organized under the laws of the State of Alabama, as agent for the Lenders (in such capacity, together with its successors in such capa
EMPLOYMENT AND NON-COMPETE AGREEMENTEmployment and Non-Compete Agreement • April 6th, 2018 • Construction Partners, Inc. • Heavy construction other than bldg const - contractors • North Carolina
THIS EMPLOYMENT AND NON-COMPETE AGREEMENT (this “Agreement”) is made this 27th day of June, 2014, to be effective as of July 1, 2014 (the “Effective Date”), by and between FSC II, LLC, a North Carolina limited liability company (hereinafter the “Company”), and F. Julius Smith III, an individual and North Carolina resident (hereinafter the “Employee”), and for the sole limited purpose of agreeing to be bound by Section 19 of this Agreement, Construction Partners, Inc., a Delaware corporation (“CPI”).
LOAN MODIFICATION AGREEMENT AND AMENDMENT TO LOAN DOCUMENTSLoan Modification Agreement And • October 21st, 2019 • Construction Partners, Inc. • Heavy construction other than bldg const - contractors
THIS LOAN MODIFICATION AGREEMENT AND AMENDMENT TO LOAN DOCUMENTS (this “Agreement”) is being entered into as of the 18th day of October, 2019, but effective as of the 1st day of October, 2019, by and among CONSTRUCTION PARTNERS HOLDINGS, INC., a Delaware corporation, formerly known as Construction Partners, Inc. (“Holdings”); WIREGRASS CONSTRUCTION COMPANY, INC., an Alabama corporation (“Wiregrass Construction”); FRED SMITH CONSTRUCTION, INC., a North Carolina corporation (“Fred Smith Construction”); FSC II, LLC, a North Carolina limited liability company (“FSC”); C. W. ROBERTS CONTRACTING, INCORPORATED, a Florida corporation (“Roberts Contracting”); EVERETT DYKES GRASSING CO., INC., a Georgia corporation (“Everett Dykes” and together with Holdings, Wiregrass Construction, Fred Smith Construction, FSC, and Roberts Contracting, the “Original Borrowers”); THE SCRUGGS COMPANY, a Georgia corporation (“Scruggs Company” and together with the Original Borrowers, the “Borrowers”); CONSTRUCTION
FIRST AMENDMENT to OPTION AGREEMENTOption Agreement • August 30th, 2019 • Construction Partners, Inc. • Heavy construction other than bldg const - contractors
THIS FIRST AMENDMENT TO OPTION AGREEMENT (the “Amendment”), is made and entered into as of the 30th day of August, 2019 (the “Effective Date”), by and between Construction Partners, Inc. (formerly known as SunTx CPI Growth Company, Inc.), a Delaware corporation (the “Issuer”), and Fred J. Smith, III, an individual resident of North Carolina (the “Holder”).
SECOND AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • August 8th, 2023 • Construction Partners, Inc. • Heavy construction other than bldg const - contractors
This SECOND AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT, dated as of May 8, 2023 (this “Amendment”), among Construction Partners, Inc., a Delaware corporation (“Construction Partners”); Wiregrass Construction Company, Inc., an Alabama corporation (“Wiregrass Construction”); FSC II, LLC, a North Carolina limited liability company (“FSC”); C. W. Roberts Contracting, Incorporated, a Florida corporation (“Roberts Contracting”), King Asphalt, Inc., a South Carolina corporation (“King Asphalt”) and The Scruggs Company, a Georgia corporation (“Scruggs”), Ferebee Corporation, a North Carolina corporation (“Ferebee”), and Ferebee Asphalt Corporation, a North Carolina corporation (“Ferebee Asphalt” and, collectively with Construction Partners, Wiregrass Construction, FSC, Roberts Contracting, King Asphalt, Scruggs and Ferebee, the “Borrowers”, and each, individually, a “Borrower”), the Lenders party hereto, and PNC Bank National Association (“PNC”), as Administrative Agent and Issui
LOAN MODIFICATION AGREEMENT AND AMENDMENT TO LOAN DOCUMENTSLoan Modification Agreement And • April 6th, 2018 • Construction Partners, Inc. • Heavy construction other than bldg const - contractors
THIS LOAN MODIFICATION AGREEMENT AND AMENDMENT TO LOAN DOCUMENTS (this “Agreement”) is being entered into as of the 31 day of December, 2017, by and among CONSTRUCTION PARTNERS HOLDINGS, INC., a Delaware corporation, formerly known as Construction Partners, Inc. (“Holdings”); WIREGRASS CONSTRUCTION COMPANY, INC., an Alabama corporation (“Wiregrass Construction”); FRED SMITH CONSTRUCTION, INC., a North Carolina corporation (“Fred Smith Construction”); FSC II, LLC, a North Carolina limited liability company (“FSC”); C. W. ROBERTS CONTRACTING, INCORPORATED, a Florida corporation (“Roberts Contracting”); EVERETT DYKES GRASSING CO., INC., a Georgia corporation (“Everett Dykes” and together with Holdings, Wiregrass Construction, Fred Smith Construction, FSC and Roberts Contracting, “Borrowers”); CONSTRUCTION PARTNERS, INC., a Delaware corporation, formerly known as SunTx CPI Growth Company, Inc. (“Guarantor”); COMPASS BANK, a bank organized under the laws of the State of Alabama, as agent fo
LOAN MODIFICATION AGREEMENT AND AMENDMENT TO LOAN DOCUMENTSLoan Modification Agreement And • January 2nd, 2020 • Construction Partners, Inc. • Heavy construction other than bldg const - contractors
THIS LOAN MODIFICATION AGREEMENT AND AMENDMENT TO LOAN DOCUMENTS (this “Agreement”) is effective as of the 31st day of December, 2019, by and among CONSTRUCTION PARTNERS INC., a Delaware corporation, (“Construction Partners”); WIREGRASS CONSTRUCTION COMPANY, INC., an Alabama corporation (“Wiregrass Construction”); FSC II, LLC, a North Carolina limited liability company (“FSC”); C. W. ROBERTS CONTRACTING, INCORPORATED, a Florida corporation (“Roberts Contracting”); EVERETT DYKES GRASSING CO., INC., a Georgia corporation (“Everett Dykes” and together with Wiregrass Construction, FSC, and Roberts Contracting, the “Original Borrowers”); THE SCRUGGS COMPANY, a Georgia corporation (“Scruggs Company” and together with the Original Borrowers and Construction Partners, the “Borrowers”); BBVA USA, a bank organized under the laws of the State of Alabama, formerly known as Compass Bank, as agent for the Lenders and as a Lender and Issuing Bank (referred to herein as “Agent”); and BANK OF AMERICA,
EMPLOYMENT AGREEMENTEmployment Agreement • April 3rd, 2020 • Construction Partners, Inc. • Heavy construction other than bldg const - contractors • Delaware
THIS EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into as of April 1, 2020 (the “Effective Date”) by and between _____ (“Executive”) and Construction Partners, Inc., a Delaware corporation (the “Company”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • April 6th, 2018 • Construction Partners, Inc. • Heavy construction other than bldg const - contractors • Delaware
This Registration Rights Agreement (this “Agreement”), dated as of June 8, 2007, is made and entered into by and among SunTx CPI Growth Company, Inc., a Delaware corporation (the “Company”), and the other persons listed on the signature page attached hereto or executing an addendum hereto as contemplated by Section 4.02 of this Agreement (each a “Holder” and collectively the “Holders”).
MANAGEMENT SERVICES AGREEMENTManagement Services Agreement • April 6th, 2018 • Construction Partners, Inc. • Heavy construction other than bldg const - contractors • Delaware
This MANAGEMENT SERVICES AGREEMENT (this “Agreement”) is made and effective as of October 1, 2006 (the “Effective Date”) between Construction Partners, Inc., a Delaware corporation (the “Company”) and SunTx Capital Management Corp. (“SunTx”). This Agreement supersedes any previously executed agreement between the parties hereto concerning the provision of Services (as defined below).
AMENDMENT to EMPLOYMENT AGREEMENTEmployment Agreement • October 2nd, 2020 • Construction Partners, Inc. • Heavy construction other than bldg const - contractors
THIS AMENDMENT TO EMPLOYMENT AGREEMENT (this “Amendment”), is made and entered into effective as of October 1, 2020 (the “Effective Date”), by and between Construction Partners, Inc., a Delaware corporation (the “Company”), and Fred J. Smith, III, an individual resident of North Carolina (“Executive”).
SECOND AMENDMENT to EMPLOYMENT AGREEMENTEmployment Agreement • May 7th, 2021 • Construction Partners, Inc. • Heavy construction other than bldg const - contractors
THIS SECOND AMENDMENT TO EMPLOYMENT AGREEMENT (this “Amendment”), is made and entered into effective as of May 5, 2021 (the “Effective Date”), by and between Construction Partners, Inc., a Delaware corporation (the “Company”), and Fred J. Smith, III, an individual resident of North Carolina (“Executive”).
THIRD AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT AND FIRST AMENDMENT TO THIRD AMENDED AND RESTATED SECURITY AGREEMENTSecurity Agreement • May 29th, 2024 • Construction Partners, Inc. • Heavy construction other than bldg const - contractors • New York
THIS THIRD AMENDED AND RESTATED CREDIT AGREEMENT is dated as of June 30, 2022 and is made by and among Construction Partners, Inc., a Delaware corporation (“Construction Partners”); Wiregrass Construction Company, Inc., an Alabama corporation (“Wiregrass Construction”); FSC II, LLC, a North Carolina limited liability company (“FSC”); C. W. Roberts Contracting, Incorporated, a Florida corporation (“Roberts Contracting”); King Asphalt, Inc., a South Carolina corporation (“King Asphalt”); and The Scruggs Company, a Georgia corporation (“Scruggs”, and, collectively with Construction Partners, Wiregrass Construction, FSC, Roberts Contracting and King Asphalt, the “Borrowers”, and each, individually, a “Borrower”), the GUARANTORS (as hereinafter defined), the LENDERS (as hereinafter defined), and PNC BANK, NATIONAL ASSOCIATION, in its capacity as the Administrative Agent (as hereinafter defined) and Issuing Lender (as hereinafter defined).
SECOND AMENDMENT TO MANAGEMENT SERVICES AGREEMENTManagement Services Agreement • May 9th, 2023 • Construction Partners, Inc. • Heavy construction other than bldg const - contractors
Construction Partners, Inc., a Delaware corporation (the “Company”) and SunTx Capital Management Corp., a Texas corporation (“SunTx”), hereby enter into this Second Amendment (the “Amendment”), which is made effective as of October 1, 2015, to the Management Services Agreement, dated October 1, 2006 as amended by that certain Amendment to Management Services Agreement dated effective as of October 1, 2013 (the “Agreement”).
LOAN MODIFICATION AGREEMENT AND AMENDMENT TO LOAN DOCUMENTSLoan Modification Agreement And • April 30th, 2020 • Construction Partners, Inc. • Heavy construction other than bldg const - contractors
THIS LOAN MODIFICATION AGREEMENT AND AMENDMENT TO LOAN DOCUMENTS (this “Agreement”) is effective as of the 30th day of April, 2020, by and among CONSTRUCTION PARTNERS INC., a Delaware corporation (“Construction Partners”); WIREGRASS CONSTRUCTION COMPANY, INC., an Alabama corporation (“Wiregrass Construction”); FSC II, LLC, a North Carolina limited liability company (“FSC”); C. W. ROBERTS CONTRACTING, INCORPORATED, a Florida corporation (“Roberts Contracting”); EVERETT DYKES GRASSING CO., INC., a Georgia corporation (“Everett Dykes” and together with Wiregrass Construction, FSC, and Roberts Contracting, the “Original Borrowers”); THE SCRUGGS COMPANY, a Georgia corporation (“Scruggs Company” and together with the Original Borrowers and Construction Partners, the “Borrowers”); BBVA USA, a bank organized under the laws of the State of Alabama, formerly known as Compass Bank, as agent for the Lenders and as a Lender and Issuing Bank (referred to herein as “Agent”); and BANK OF AMERICA, N.A.
LOAN MODIFICATION AGREEMENT AND AMENDMENT TO LOAN DOCUMENTSLoan Modification Agreement And • August 30th, 2019 • Construction Partners, Inc. • Heavy construction other than bldg const - contractors
THIS LOAN MODIFICATION AGREEMENT AND AMENDMENT TO LOAN DOCUMENTS (this “Agreement”) is being entered into as of the 30th day of August, 2019, by and among CONSTRUCTION PARTNERS HOLDINGS, INC., a Delaware corporation, formerly known as Construction Partners, Inc. (“Holdings”); WIREGRASS CONSTRUCTION COMPANY, INC., an Alabama corporation (“Wiregrass Construction”); FRED SMITH CONSTRUCTION, INC., a North Carolina corporation (“Fred Smith Construction”); FSC II, LLC, a North Carolina limited liability company (“FSC”); C. W. ROBERTS CONTRACTING, INCORPORATED, a Florida corporation (“Roberts Contracting”); EVERETT DYKES GRASSING CO., INC., a Georgia corporation (“Everett Dykes” and together with Holdings, Wiregrass Construction, Fred Smith Construction, FSC, and Roberts Contracting, the “Original Borrowers”); THE SCRUGGS COMPANY, a Georgia corporation (“Scruggs Company” and together with the Original Borrowers, the “Borrowers”); CONSTRUCTION PARTNERS, INC., a Delaware corporation, formerly k
LOAN MODIFICATION AGREEMENT AND AMENDMENT TO LOAN DOCUMENTSLoan Modification Agreement And • October 1st, 2019 • Construction Partners, Inc. • Heavy construction other than bldg const - contractors
THIS LOAN MODIFICATION AGREEMENT AND AMENDMENT TO LOAN DOCUMENTS (this “Agreement”) is being entered into as of the 1st day of October, 2019, by and among CONSTRUCTION PARTNERS HOLDINGS, INC., a Delaware corporation, formerly known as Construction Partners, Inc. (“Holdings”); WIREGRASS CONSTRUCTION COMPANY, INC., an Alabama corporation (“Wiregrass Construction”); FRED SMITH CONSTRUCTION, INC., a North Carolina corporation (“Fred Smith Construction”); FSC II, LLC, a North Carolina limited liability company (“FSC”); C. W. ROBERTS CONTRACTING, INCORPORATED, a Florida corporation (“Roberts Contracting”); EVERETT DYKES GRASSING CO., INC., a Georgia corporation (“Everett Dykes” and together with Holdings, Wiregrass Construction, Fred Smith Construction, FSC, and Roberts Contracting, the “Original Borrowers”); THE SCRUGGS COMPANY, a Georgia corporation (“Scruggs Company” and together with the Original Borrowers, the “Borrowers”); CONSTRUCTION PARTNERS, INC., a Delaware corporation, formerly k
