BY AND AMONGStock Purchase Agreement • January 12th, 2001 • Continental Materials Corp • Air-cond & warm air heatg equip & comm & indl refrig equip • Colorado
RECITALS:Revolving Credit and Term Loan Agreement • January 12th, 2001 • Continental Materials Corp • Air-cond & warm air heatg equip & comm & indl refrig equip
SECOND AMENDED AND RESTATED CREDIT AGREEMENT dated as of March 16, 2020 among CONTINENTAL MATERIALS CORPORATION, as the Company, THE VARIOUS FINANCIAL INSTITUTIONS PARTY HERETO, as Lenders, and CIBC BANK USA, f/k/a The PrivateBank and Trust Company,...Credit Agreement • March 23rd, 2020 • Continental Materials Corp • Concrete, gypsum & plaster products
THIS SECOND AMENDED AND RESTATED CREDIT AGREEMENT dated as of March 16, 2020 (this “Agreement”) is entered into among CONTINENTAL MATERIALS CORPORATION, a Delaware corporation (the “Company”), the financial institutions that are or may from time to time become parties hereto (together with their respective successors and permitted assigns, the “Lenders”) and CIBC BANK USA, an Illinois state chartered bank f/k/a The PrivateBank and Trust Company (in its individual capacity, “CIBC”), as administrative agent for the Lenders and as initial Issuing Lender.
CREDIT AGREEMENT dated as of April 16, 2009Credit Agreement • April 20th, 2009 • Continental Materials Corp • Concrete, gypsum & plaster products
THIS CREDIT AGREEMENT dated as of April 16, 2009 (this “Agreement”) is entered into among CONTINENTAL MATERIALS CORPORATION, a Delaware corporation (the “Company”), the financial institutions that are or may from time to time become parties hereto (together with their respective successors and assigns, the “Lenders”) and THE PRIVATEBANK AND TRUST COMPANY, an Illinois state chartered bank (in its individual capacity, “PVBT”), as administrative agent for the Lenders and as arranger.
AMENDED AND RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENT Dated as of October 21, 1996 CONTINENTAL MATERIALS CORPORATION, a corporation organized under the laws of the state of Delaware (the "Borrower"), THE NORTHERN TRUST COMPANY, an Illinois...Revolving Credit and Term Loan Agreement • November 4th, 1996 • Continental Materials Corp • Air-cond & warm air heatg equip & comm & indl refrig equip
AMENDED AND RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENT DATED AS OF MARCH 28, 2008 BY AND AMONG LASALLE BANK NATIONAL ASSOCIATION, AS AGENT AND A LENDER FIFTH THIRD BANK (CHICAGO), AS A LENDER ANDRevolving Credit and Term Loan Agreement • April 2nd, 2008 • Continental Materials Corp • Concrete, gypsum & plaster products • Illinois
CONTINENTAL MATERIALS CORPORATION, a corporation organized under the laws of the state of Delaware (“Borrower”), LaSalle Bank National Association, a national banking association, as administrative agent and as a lender (LaSalle in its capacity as administrative agent referred to in this Agreement as “Agent” and in its capacity as a lender as “LaSalle”) and Fifth Third Bank (Chicago), a Michigan banking corporation, as a lender (“Fifth Third”) (LaSalle and Fifth Third are each referred to individually in this Agreement as a “Lender” and collectively as the “Lenders”), agree as follows:
TENTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • March 28th, 2019 • Continental Materials Corp • Concrete, gypsum & plaster products • Illinois
THIS AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”), dated as of March 27, 2019, is entered into by and among CONTINENTAL MATERIALS CORPORATION, a Delaware corporation (the “Company”), the financial institutions that are or may from time to time become parties to the Credit Agreement referenced below (together with their respective successors and assigns, the “Lenders” and each, a “Lender”) and CIBC BANK USA, an Illinois state chartered bank formerly known as The PrivateBank and Trust Company, as Administrative Agent for each Lender (the “Administrative Agent”). Capitalized terms used herein and not otherwise defined shall have the meanings given to such terms in the Credit Agreement referenced below.
FIFTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • April 15th, 2011 • Continental Materials Corp • Concrete, gypsum & plaster products • Illinois
THIS FIFTH AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), dated as of April 14, 2011, is entered into by and among CONTINENTAL MATERIALS CORPORATION, a Delaware corporation (the “Company”), the financial institutions that are or may from time to time become parties to the Credit Agreement referenced below (together with their respective successors and assigns, the “Lenders” and each, a “Lender”) and THE PRIVATEBANK AND TRUST COMPANY, an Illinois state chartered bank as Administrative Agent for each Lender (the “Administrative Agent”). Capitalized terms used herein and not otherwise defined shall have the meanings given to such terms in the Credit Agreement referenced below.
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • April 19th, 2010 • Continental Materials Corp • Concrete, gypsum & plaster products • Illinois
THIS FIRST AMENDMENT TO CREDIT AGREEMENT (the “Amendment”), dated as of November 18, 2009, is entered into by and among CONTINENTAL MATERIALS CORPORATION, a Delaware corporation (the “Company”), the financial institutions that are or may from time to time become parties to the Credit Agreement referenced below (together with their respective successors and assigns, the “Lenders” and each, a “Lender”) and THE PRIVATEBANK AND TRUST COMPANY, an Illinois state chartered bank as Administrative Agent for each Lender (the “Administrative Agent”). Capitalized terms used herein and not otherwise defined shall have the meanings given to such terms in the Credit Agreement referenced below.
FIRST AMENDMENT TO REVOLVING CREDIT AND TERM LOAN AGREEMENTRevolving Credit and Term Loan Agreement • August 13th, 2004 • Continental Materials Corp • Concrete, gypsum & plaster products • Illinois
This First Amendment to Revolving Credit and Term Loan Agreement (this “First Amendment”) is made and entered into as of the 29th day of May, 2004, by and among Continental Materials Corporation, a Delaware corporation (“Borrower”), LaSalle Bank National Association, a national banking association, as administrative agent and as a lender (LaSalle in its capacity as administrative agent referred to in this Agreement as “Agent” and in its capacity as a lender as “LaSalle”) and Fifth Third Bank (Chicago), a Michigan banking corporation, as a lender (“Fifth Third”) (LaSalle and Fifth Third are each referred to individually in this First Amendment as a “Lender” and collectively as the “Lenders”).
NON-COMPETITION AND NON-DISCLOSURE AGREEMENT THIS NON-COMPETITION AND NON- DISCLOSURE AGREEMENT ("Agreement") is made this 21st day of October, 1996, by Valco Inc., a Colorado corporation ("Valco") and Thomas E. Brubaker ("Brubaker"), in favor of...Non-Competition and Non-Disclosure Agreement • November 4th, 1996 • Continental Materials Corp • Air-cond & warm air heatg equip & comm & indl refrig equip • Colorado
WAIVER AND SECOND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • April 19th, 2010 • Continental Materials Corp • Concrete, gypsum & plaster products • Illinois
THIS WAIVER AND SECOND AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), dated as of April 15, 2010, is entered into by and among CONTINENTAL MATERIALS CORPORATION, a Delaware corporation (the “Company”), the financial institutions that are or may from time to time become parties to the Credit Agreement referenced below (together with their respective successors and assigns, the “Lenders” and each, a “Lender”) and THE PRIVATEBANK AND TRUST COMPANY, an Illinois state chartered bank as Administrative Agent for each Lender (the “Administrative Agent”). Capitalized terms used herein and not otherwise defined shall have the meanings given to such terms in the Credit Agreement referenced below.
SIXTH AMENDMENT TO REVOLVING CREDIT AND TERM LOAN AGREEMENTRevolving Credit and Term Loan Agreement • August 16th, 2007 • Continental Materials Corp • Concrete, gypsum & plaster products • Illinois
This Sixth Amendment to Revolving Credit and Term Loan Agreement (this “Sixth Amendment”) is made and entered into as of the 13th day of August, 2007, by and among Continental Materials Corporation, a Delaware corporation (“Borrower”), LaSalle Bank National Association, a national banking association, as administrative agent and as a lender (LaSalle in its capacity as administrative agent referred to in this Agreement as “Agent” and in its capacity as a lender as “LaSalle”) and Fifth Third Bank (Chicago), a Michigan banking corporation, as a lender (“Fifth Third”) (LaSalle and Fifth Third are each referred to individually in this Sixth Amendment as a “Lender” and collectively as the “Lenders”).
NINTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • May 15th, 2018 • Continental Materials Corp • Concrete, gypsum & plaster products • Illinois
THIS NINTH AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), dated as of May 15, 2018, is entered into by and among CONTINENTAL MATERIALS CORPORATION, a Delaware corporation (the “Company”), the financial institutions that are or may from time to time become parties to the Credit Agreement referenced below (together with their respective successors and assigns, the “Lenders” and each, a “Lender”), and CIBC BANK USA, an Illinois state chartered bank formerly known as The PrivateBank and Trust Company as Administrative Agent for each Lender (the “Administrative Agent”). Capitalized terms used herein and not otherwise defined shall have the meanings given to such terms in the Credit Agreement referenced below.
FIFTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • April 3rd, 2015 • Continental Materials Corp • Concrete, gypsum & plaster products • Illinois
THIS FIFTH AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), dated as of March 20, 2015, is entered into by and among CONTINENTAL MATERIALS CORPORATION, a Delaware corporation (the “Company”), the financial institutions that are or may from time to time become parties to the Credit Agreement referenced below (together with their respective successors and assigns, the “Lenders” and each, a “Lender”), and THE PRIVATEBANK AND TRUST COMPANY, an Illinois state chartered bank as Administrative Agent for each Lender (the “Administrative Agent”). Capitalized terms used herein and not otherwise defined shall have the meanings given to such terms in the Credit Agreement referenced below.
ACQUISITION AGREEMENT This ACQUISITION AGREEMENT (this "Agreement") is made and entered into this 21st day of October, 1996, between Valco Inc., a Colorado corporation ("Seller") Valco Properties, Ltd., a Colorado limited partnership ("Subsidiary"),...Acquisition Agreement • November 4th, 1996 • Continental Materials Corp • Air-cond & warm air heatg equip & comm & indl refrig equip • Colorado
THIRD AMENDMENT TO CREDIT AGREEMENTCredit Agreement • August 12th, 2014 • Continental Materials Corp • Concrete, gypsum & plaster products • Illinois
FIFTH AMENDMENT TO REVOLVING CREDIT AND TERM LOAN AGREEMENTRevolving Credit and Term Loan Agreement • April 3rd, 2007 • Continental Materials Corp • Concrete, gypsum & plaster products • Illinois
This Fifth Amendment to Revolving Credit and Term Loan Agreement (this “Fifth Amendment”) is made and entered into as of the 28th day of March, 2007, by and among Continental Materials Corporation, a Delaware corporation (“Borrower”), LaSalle Bank National Association, a national banking association, as administrative agent and as a lender (LaSalle in its capacity as administrative agent referred to in this Agreement as “Agent” and in its capacity as a lender as “LaSalle”) and Fifth Third Bank (Chicago), a Michigan banking corporation, as a lender (“Fifth Third”) (LaSalle and Fifth Third are each referred to individually in this Fifth Amendment as a “Lender” and collectively as the “Lenders”).
EIGHTH AMENDMENT TO AMENDED AND RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENTRevolving Credit and Term Loan Agreement • May 13th, 2003 • Continental Materials Corp • Concrete, gypsum & plaster products • Illinois
This Eighth Amendment to Amended and Restated Revolving Credit and Term Loan Agreement (“Amendment”) is entered into as of March 24, 2003 by and between CONTINENTAL MATERIALS CORPORATION, a Delaware corporation (the “Company”), and THE NORTHERN TRUST COMPANY, an Illinois banking corporation (“Northern”), and LASALLE BANK NATIONAL ASSOCIATION, a national banking association (“LaSalle”). (Northern and LaSalle, each a “Bank” and collectively, the “Banks”).
FOURTH AMENDMENT TO REVOLVING CREDIT AND TERM LOAN AGREEMENTRevolving Credit and Term Loan Agreement • June 13th, 2006 • Continental Materials Corp • Concrete, gypsum & plaster products • Illinois
This Fourth Amendment to Revolving Credit and Term Loan Agreement (this “Fourth Amendment”) is made and entered into as of the 8th day of June, 2006, by and among Continental Materials Corporation, a Delaware corporation (“Borrower”), LaSalle Bank National Association, a national banking association, as administrative agent and as a lender (LaSalle in its capacity as administrative agent referred to in this Agreement as “Agent” and in its capacity as a lender as “LaSalle”) and Fifth Third Bank (Chicago), a Michigan banking corporation, as a lender (“Fifth Third”) (LaSalle and Fifth Third are each referred to individually in this Fourth Amendment as a “Lender” and collectively as the “Lenders”).
THIRD AMENDMENT TO CREDIT AGREEMENTCredit Agreement • November 15th, 2010 • Continental Materials Corp • Concrete, gypsum & plaster products • Illinois
THIS THIRD AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), dated as of November 12, 2010, is entered into by and among CONTINENTAL MATERIALS CORPORATION, a Delaware corporation (the “Company”), the financial institutions that are or may from time to time become parties to the Credit Agreement referenced below (together with their respective successors and assigns, the “Lenders” and each, a “Lender”) and THE PRIVATEBANK AND TRUST COMPANY, an Illinois state chartered bank as Administrative Agent for each Lender (the “Administrative Agent”). Capitalized terms used herein and not otherwise defined shall have the meanings given to such terms in the Credit Agreement referenced below.
Continental Materials Corporation Value Creation Incentive Award AgreementValue Creation Incentive Award Agreement • June 10th, 2019 • Continental Materials Corp • Concrete, gypsum & plaster products • Illinois
This Award Agreement (this “Agreement”) is made and entered into as of (the “Grant Date”) by and between Continental Materials Corporation, a Delaware Corporation (the “Company”), and (“you”).
EMPLOYEES PROFIT SHARING RETIREMENT PLANEmployees Profit Sharing Retirement Plan • March 30th, 2000 • Continental Materials Corp • Air-cond & warm air heatg equip & comm & indl refrig equip • Illinois
SECOND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • March 28th, 2014 • Continental Materials Corp • Concrete, gypsum & plaster products • Illinois
THIS SECOND AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), dated as of March 20, 2014, is entered into by and among CONTINENTAL MATERIALS CORPORATION, a Delaware corporation (the “Company”), the financial institutions that are or may from time to time become parties to the Credit Agreement referenced below (together with their respective successors and assigns, the “Lenders” and each, a “Lender”), and THE PRIVATEBANK AND TRUST COMPANY, an Illinois state chartered bank as Administrative Agent for each Lender (the “Administrative Agent”). Capitalized terms used herein and not otherwise defined shall have the meanings given to such terms in the Credit Agreement referenced below.
ASSET PURCHASE AGREEMENT among Continental Materials Corp., a Delaware corporation, and Castle Concrete Company, a Colorado corporation, andAsset Purchase Agreement • February 1st, 2019 • Continental Materials Corp • Concrete, gypsum & plaster products • Colorado
This Asset Purchase Agreement (this “Agreement”), dated as of February 1, 2019, is entered into by and among Continental Materials Corp., a Delaware corporation (“Continental”), Transit Mix Concrete Co., a Colorado corporation (“TMC”), Transit Mix of Pueblo, Inc., a Colorado corporation (“TMP”), Castle Concrete Company, a Colorado corporation (“Castle”), Daniels Sand Company, a Colorado corporation (“DSC”, and Continental, TMC, TMP, Castle and DSC, each, a “Seller” and, collectively, the “Sellers”), and Aggregate Industries — WCR, Inc., a Colorado corporation (“Buyer”).
SEVENTH AMENDMENT TO REVOLVING CREDIT AND TERM LOAN AGREEMENTRevolving Credit and Term Loan Agreement • October 31st, 2007 • Continental Materials Corp • Concrete, gypsum & plaster products • Illinois
This Seventh Amendment to Revolving Credit and Term Loan Agreement (this “Seventh Amendment”) is made and entered into as of the 23rd day of October, 2007, by and among Continental Materials Corporation, a Delaware corporation (“Borrower”), LaSalle Bank National Association, a national banking association, as administrative agent and as a lender (LaSalle in its capacity as administrative agent referred to in this Agreement as “Agent” and in its capacity as a lender as “LaSalle”) and Fifth Third Bank (Chicago), a Michigan banking corporation, as a lender (“Fifth Third”) (LaSalle and Fifth Third are each referred to individually in this Seventh Amendment as a “Lender” and collectively as the “Lenders”).
EIGHTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • August 15th, 2017 • Continental Materials Corp • Concrete, gypsum & plaster products • Illinois
THIS EIGHTH AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), dated as of May 26, 2017, is entered into by and among CONTINENTAL MATERIALS CORPORATION, a Delaware corporation (the “Company”), the financial institutions that are or may from time to time become parties to the Credit Agreement referenced below (together with their respective successors and assigns, the “Lenders” and each, a “Lender”), and THE PRIVATEBANK AND TRUST COMPANY, an Illinois state chartered bank as Administrative Agent for each Lender (the “Administrative Agent”). Capitalized terms used herein and not otherwise defined shall have the meanings given to such terms in the Credit Agreement referenced below.
FIRST AMENDMENT TO AMENDED AND RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENTRevolving Credit and Term Loan Agreement • August 12th, 2008 • Continental Materials Corp • Concrete, gypsum & plaster products • Illinois
This First Amendment to Amended and Restated Revolving Credit and Term Loan Agreement (this “First Amendment”) is made and entered into as of the 12th day of August, 2008, by and among Continental Materials Corporation, a Delaware corporation (“Borrower”), LaSalle Bank National Association, a national banking association, as administrative agent and as a lender (LaSalle in its capacity as administrative agent referred to in this Agreement as “Agent” and in its capacity as a lender as “LaSalle”) and Fifth Third Bank (Chicago), a Michigan banking corporation, as a lender (“Fifth Third”) (LaSalle and Fifth Third are each referred to individually in this First Amendment as a “Lender” and collectively as the “Lenders”).
THIRD AMENDMENT TO REVOLVING CREDIT AND TERM LOAN AGREEMENTRevolving Credit and Term Loan Agreement • July 7th, 2005 • Continental Materials Corp • Concrete, gypsum & plaster products • Illinois
This Third Amendment to Revolving Credit and Term Loan Agreement (this “Third Amendment”) is made and entered into as of the 28th day of June, 2005, by and among Continental Materials Corporation, a Delaware corporation (“Borrower”), LaSalle Bank National Association, a national banking association, as administrative agent and as a lender (LaSalle in its capacity as administrative agent referred to in this Agreement as “Agent” and in its capacity as a lender as “LaSalle”) and Fifth Third Bank (Chicago), a Michigan banking corporation, as a lender (“Fifth Third”) (LaSalle and Fifth Third are each referred to individually in this Third Amendment as a “Lender” and collectively as the “Lenders”).
SIXTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • August 14th, 2015 • Continental Materials Corp • Concrete, gypsum & plaster products • Illinois
THIS SIXTH AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), dated as of August 10, 2015, is entered into by and among CONTINENTAL MATERIALS CORPORATION, a Delaware corporation (the “Company”), the financial institutions that are or may from time to time become parties to the Credit Agreement referenced below (together with their respective successors and assigns, the “Lenders” and each, a “Lender”), and THE PRIVATEBANK AND TRUST COMPANY, an Illinois state chartered bank as Administrative Agent for each Lender (the “Administrative Agent”). Capitalized terms used herein and not otherwise defined shall have the meanings given to such terms in the Credit Agreement referenced below.
FEE SAND AND GRAVEL LEASE THIS FEE SAND AND GRAVEL LEASE (this "Lease") is made and is effective as of October 21, 1996 by and between the parties hereinafter named, for the term and upon and under the terms and conditions hereinafter set forth. ....Fee Sand and Gravel Lease • November 4th, 1996 • Continental Materials Corp • Air-cond & warm air heatg equip & comm & indl refrig equip • Colorado
SEVENTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • April 1st, 2016 • Continental Materials Corp • Concrete, gypsum & plaster products • Illinois
THIS SEVENTH AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), dated as of March 24, 2016, is entered into by and among CONTINENTAL MATERIALS CORPORATION, a Delaware corporation (the “Company”), the financial institutions that are or may from time to time become parties to the Credit Agreement referenced below (together with their respective successors and assigns, the “Lenders” and each, a “Lender”), and THE PRIVATEBANK AND TRUST COMPANY, an Illinois state chartered bank as Administrative Agent for each Lender (the “Administrative Agent”). Capitalized terms used herein and not otherwise defined shall have the meanings given to such terms in the Credit Agreement referenced below.
ASSET PURCHASE AGREEMENT Among Inovate Acquisition Company, Buyer’s Representative,Asset Purchase Agreement • June 17th, 2019 • Continental Materials Corp • Concrete, gypsum & plaster products • Delaware
THIS ASSET PURCHASE AGREEMENT (this “Agreement”), dated as of June 17, 2019, is entered into by and among IN-O-VATE TECHNOLOGIES, INC. (“In-O-Vate” or “Seller”), RICHARD J. HARPENAU and KAREN HARPENAU, individuals (“Owners”), INOVATE ACQUISITION COMPANY, a Delaware corporation (“Buyer”), and Buyer’s Representative (defined below).
FOURTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • April 15th, 2011 • Continental Materials Corp • Concrete, gypsum & plaster products • Illinois
THIS FOURTH AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), dated as of December 31, 2010, is entered into by and among CONTINENTAL MATERIALS CORPORATION, a Delaware corporation (the “Company”), the financial institutions that are or may from time to time become parties to the Credit Agreement referenced below (together with their respective successors and assigns, the “Lenders” and each, a “Lender”) and THE PRIVATEBANK AND TRUST COMPANY, an Illinois state chartered bank as Administrative Agent for each Lender (the “Administrative Agent”). Capitalized terms used herein and not otherwise defined shall have the meanings given to such terms in the Credit Agreement referenced below.
FOURTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • November 17th, 2014 • Continental Materials Corp • Concrete, gypsum & plaster products • Illinois
