FIRST AMENDMENT TO CREDIT AGREEMENT THIS FIRST AMENDMENT TO CREDIT AGREEMENT (this "Amendment") is entered into as of the 20th day of December, 2000, by and among the banks listed on the signature pages hereof (the "Lenders"), CENTEX CONSTRUCTION...Credit Agreement • February 13th, 2001 • Centex Construction Products Inc • Cement, hydraulic • Texas
JOINT FILING AGREEMENTJoint Filing Agreement • January 31st, 2003 • Centex Construction Products Inc • Cement, hydraulic
RECITALSAdministrative Services Agreement • June 14th, 2004 • Eagle Materials Inc • Cement, hydraulic • Texas
RECITALSIndemnification Agreement • June 14th, 2004 • Eagle Materials Inc • Cement, hydraulic • Delaware
EXHIBIT 4.2 SECOND AMENDED AND RESTATED CREDIT AGREEMENT DATED AS OF MARCH 25, 2003Credit Agreement • June 23rd, 2003 • Centex Construction Products Inc • Cement, hydraulic • Texas
EAGLE MATERIALS INC. (a Delaware corporation) 3,000,000 Shares of Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • October 2nd, 2012 • Eagle Materials Inc • Cement, hydraulic • New York
The Securities are being issued as part of the financing necessary to effect the acquisition (the “Acquisition”) of two cement plants, eight readymix plants and certain other facilities and assets from Lafarge North America Inc., a Maryland corporation (“Lafarge”), and certain of its subsidiaries. The Company has entered into that certain Asset Purchase Agreement, dated as of September 26, 2012 (the “Acquisition Agreement”), by and among the Company, a wholly-owned subsidiary of the Company, Lafarge and certain subsidiaries of Lafarge indentified therein setting forth the terms and conditions governing the Acquisition.
1 EXHIBIT 4.1Receivables Purchase Agreement • August 13th, 2001 • Centex Construction Products Inc • Cement, hydraulic • New York
1 EXHIBIT 4.2 AMENDED AND RESTATED CREDIT AGREEMENT DATED AS OF JUNE 30, 2001 TO BE EFFECTIVE JULY 20, 2001Assignment Agreement • August 13th, 2001 • Centex Construction Products Inc • Cement, hydraulic • Texas
WITNESSETH:Supply Agreement • June 27th, 2001 • Centex Construction Products Inc • Cement, hydraulic • Texas
EXHIBIT 4.1 CREDIT AGREEMENTCredit Agreement • February 13th, 2004 • Eagle Materials Inc • Cement, hydraulic • Texas
AMENDMENT NO. 6 TO THIRD AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • March 5th, 2021 • Eagle Materials Inc • Cement, hydraulic • New York
This THIRD AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) dated as of October 30, 2014 among EAGLE MATERIALS INC., a Delaware corporation, the LENDERS from time to time party hereto, JPMORGAN CHASE BANK, N.A., as Administrative Agent, Issuing Bank and Swingline Lender, BANK OF AMERICA, N.A., BRANCH BANKING AND TRUST COMPANY and WELLS FARGO BANK, N.A., as Co-Syndication Agents and PNC BANK, NATIONAL ASSOCIATION and SUNTRUST BANK, as Co-Documentation Agents.
EXHIBIT 2.1 AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • July 22nd, 2003 • Centex Construction Products Inc • Cement, hydraulic • Delaware
OFLimited Partnership Agreement • June 27th, 2001 • Centex Construction Products Inc • Cement, hydraulic • Texas
ANDRights Agreement • February 4th, 2004 • Eagle Materials Inc • Cement, hydraulic • New York
Eagle Materials Inc. Underwriting AgreementEagle Materials Inc • June 21st, 2021 • Cement, hydraulic • New York
Eagle Materials Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several Underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), $750,000,000 aggregate principal amount of its 2.500% Senior Notes due 2031 (the “Securities”). The Securities will be issued pursuant to an Indenture, dated as of May 8, 2009 (the “Base Indenture”), between the Company and The Bank of New York Mellon Trust Company, N.A., as trustee (the “Trustee”), as amended by a Supplemental Indenture, to be dated as of July 1, 2021 (the “Supplemental Indenture” and together with the Base Indenture, the “Indenture”).
AMENDMENT NO. 2 TO THIRD AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • August 2nd, 2016 • Eagle Materials Inc • Cement, hydraulic • New York
This THIRD AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) dated as of October 30, 2014 among EAGLE MATERIALS INC., a Delaware corporation, the LENDERS from time to time party hereto, JPMORGAN CHASE BANK, N.A., as Administrative Agent, Issuing Bank and Swingline Lender, BANK OF AMERICA, N.A., BRANCH BANKING AND TRUST COMPANY and WELLS FARGO BANK, N.A., as Co-Syndication Agents and REGIONSPNC BANK, NATIONAL ASSOCIATION and SUNTRUST BANK, as Co-Documentation Agents.
AMONGSecurities Purchase Agreement • November 16th, 2000 • Centex Construction Products Inc • Cement, hydraulic • Texas
EAGLE MATERIALS INC. AMENDED AND RESTATED INCENTIVE PLAN NON-QUALIFIED STOCK OPTION AGREEMENT (Time Vesting)Option Agreement • July 28th, 2022 • Eagle Materials Inc • Cement, hydraulic • Texas
This option agreement (the “Option Agreement” or “Agreement”) entered into between Eagle Materials Inc., a Delaware corporation (the “Company”), and __________ (the “Optionee”), an employee of the Company or its Affiliates, with respect to a right (the “Option”) awarded to the Optionee under the Eagle Materials Inc. Amended and Restated Incentive Plan (the “Plan”), on May 19, 2022 (the “Award Date”) to purchase from the Company up to but not exceeding in the aggregate _____ shares of the Company’s common stock, par value $0.01 per share (the “Common Stock”), at a price of $126.22 per share (the “Exercise Price”), such number of shares and such price per share being subject to adjustment as provided in the Plan, and further subject to the following terms and conditions:
EAGLE MATERIALS INC. AND MELLON INVESTOR SERVICES LLC AS RIGHTS AGENT AMENDED AND RESTATED RIGHTS AGREEMENT DATED AS OF APRIL 11, 2006Rights Agreement • April 11th, 2006 • Eagle Materials Inc • Cement, hydraulic • New York
AMENDED AND RESTATED RIGHTS AGREEMENT, dated as of April 11, 2006, between EAGLE MATERIALS INC., formerly known as CENTEX CONSTRUCTION PRODUCTS, INC., a Delaware corporation (the “COMPANY”), and MELLON INVESTOR SERVICES LLC, a New Jersey limited liability company, as rights agent (the “RIGHTS AGENT”).
EAGLE MATERIALS INC. AMENDED AND RESTATED INCENTIVE PLAN RESTRICTED STOCK AGREEMENT (Time Vesting)Restricted Stock Agreement • July 28th, 2022 • Eagle Materials Inc • Cement, hydraulic • Texas
Eagle Materials Inc., a Delaware corporation (the "Company"), and ________ (the "Grantee") hereby enter into this Restricted Stock Agreement (the "Agreement") in order to set forth the terms and conditions of the Company’s award (the "Award") to the Grantee of certain shares of Common Stock of the Company granted to the Grantee on May 19, 2022 (the "Award Date").
EAGLE MATERIALS INC. AMENDED AND RESTATED INCENTIVE PLAN RESTRICTED STOCK AGREEMENT (Performance Vesting)Incentive Plan • July 28th, 2022 • Eagle Materials Inc • Cement, hydraulic • Texas
Eagle Materials Inc., a Delaware corporation (the "Company"), and __________ (the "Grantee") hereby enter into this Restricted Stock Award Agreement (the "Agreement") in order to set forth the terms and conditions of the Company’s award (the "Award") to the Grantee of certain shares of Common Stock of the Company granted to the Grantee on May 19, 2022 (the "Award Date").
AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • December 22nd, 2004 • Eagle Materials Inc • Cement, hydraulic • Texas
AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) dated as of December 16, 2004, among EAGLE MATERIALS INC. (formerly know as Centex Construction Products, Inc.) as the Borrower, the LENDERS party hereto, and JPMORGAN CHASE BANK, N.A. (formerly known as JPMorgan Chase Bank and successor by merger to Bank One, N.A.), as Administrative Agent.
AMENDMENT NO. 2 TO CREDIT AGREEMENTCredit Agreement • March 5th, 2021 • Eagle Materials Inc • Cement, hydraulic • New York
CREDIT AGREEMENT (this “Agreement”) dated as of December 20, 2019, among EAGLE MATERIALS INC., a Delaware corporation, the LENDERS from time to time party hereto and JPMORGAN CHASE BANK, N.A., as Administrative Agent.
CREDIT AGREEMENT dated as of December 20, 2019 among EAGLE MATERIALS INC. The Lenders Party Hereto JPMORGAN CHASE BANK, N.A. as Administrative Agent and GOLDMAN SACHS BANK USA, BANK OF AMERICA, N.A., PNC BANK, NATIONAL ASSOCIATION WELLS FARGO BANK,...Credit Agreement • December 20th, 2019 • Eagle Materials Inc • Cement, hydraulic • New York
CREDIT AGREEMENT (this “Agreement”) dated as of December 20, 2019, among EAGLE MATERIALS INC., a Delaware corporation, the LENDERS from time to time party hereto and JPMORGAN CHASE BANK, N.A., as Administrative Agent.
CHANGE IN CONTROL CONTINUITY AGREEMENTChange in Control Continuity Agreement • July 27th, 2023 • Eagle Materials Inc • Cement, hydraulic • Texas
THIS Change in Control CONTINUITY AGREEMENT (this “Agreement”) is made and entered into, as of May 31, 2022, by and between Eagle Materials Inc., a Delaware corporation (the “Company”), and Matt Newby (“Executive”).
EAGLE MATERIALS INC. INCENTIVE PLAN NON-QUALIFIED DIRECTOR STOCK OPTION AGREEMENTOption Agreement • November 4th, 2011 • Eagle Materials Inc • Cement, hydraulic • Texas
This option agreement (the “Option Agreement” or “Agreement”) entered into between EAGLE MATERIALS INC., a Delaware corporation (the “Company”), and (the “Optionee”), a director of the Company, with respect to a right (the “Option”) awarded to the Optionee under the Eagle Materials Inc. Incentive Plan, as amended (the “Plan”), on August 3, 2011 (the “Award Date”) to purchase from the Company up to but not exceeding in the aggregate shares of Common Stock (as defined in the Plan) at a price of $23.17 per share (the “Exercise Price”), such number of shares and such price per share being subject to adjustment as provided in the Plan, and further subject to the following terms and conditions:
EAGLE MATERIALS INC. AMENDED AND RESTATED INCENTIVE PLAN RESTRICTED STOCK AGREEMENTIncentive Plan • November 5th, 2014 • Eagle Materials Inc • Cement, hydraulic • Texas
Eagle Materials Inc., a Delaware corporation (the “Company”), and (the “Grantee”) hereby enter into this Restricted Stock Award Agreement (the “Agreement”) in order to set forth the terms and conditions of the Company’s award (the “Award”) to the Grantee of certain shares of Common Stock of the Company granted to the Grantee on August 7, 2014 (the “Award Date”).
EAGLE MATERIALS INC. INCENTIVE PLAN NON-QUALIFIED STOCK OPTION AGREEMENTOption Agreement • August 30th, 2004 • Eagle Materials Inc • Cement, hydraulic • Texas
This option agreement (the “Option Agreement” or “Agreement”) entered into between Eagle Materials Inc., a Delaware corporation (the “Company”), and (the “Optionee”), an employee of the Company or its Affiliates, with respect to a right (the “Option”) awarded to the Optionee under the Eagle Materials Inc. Incentive Plan (the “Plan”) on (the “Award Date”) to purchase from the Company up to but not exceeding in the aggregate shares of Common Stock (as defined in the Plan) at a price of $ per share (the “Exercise Price”), such number of shares and such price per share being subject to adjustment as provided in the Plan, and further subject to the following terms and conditions:
EAGLE MATERIALS INC. INCENTIVE PLAN DIRECTOR RESTRICTED STOCK UNIT AGREEMENTRestricted Stock Unit Agreement • August 1st, 2006 • Eagle Materials Inc • Cement, hydraulic • Texas
This restricted stock unit agreement (the “Restricted Stock Unit Agreement” or “Agreement”) entered into between Eagle Materials Inc., a Delaware corporation (the “Company”), and (the “Grantee”), a director of the Company, with respect to a right (the “Award”) of restricted stock units (“Restricted Stock Units”) representing shares of Common Stock (as defined in the Eagle Materials Inc. Incentive Plan, as amended (the “Plan”)) granted to the Grantee under the Plan on July 27, 2006 (the “Award Date”), such number of units subject to adjustment as provided in the Plan, and further subject to the following terms and conditions:
1 EXHIBIT 2.1 LIMITED LIABILITY COMPANY UNIT PURCHASE AGREEMENT (EGP)Limited Liability Company Unit Purchase Agreement • March 12th, 1997 • Centex Construction Products Inc • Cement, hydraulic • Delaware
SETTLEMENT AGREEMENTSettlement Agreement • December 29th, 2017 • Eagle Materials Inc • Cement, hydraulic
This agreement (“Settlement Agreement”) is made and entered into this 29th day of December, 2017 (the “Execution Date”), by and between American Gypsum Company LLC (“AG”), Eagle Materials Inc. (“Eagle”), New NGC, Inc. (“NGC”) and PABCO Building Products, LLC (“PABCO”) (collectively, “Settling Defendants”) and the Direct Purchaser Plaintiffs (“Plaintiffs”), individually and on behalf of a class of direct purchasers of Wallboard, as defined below.
EAGLE MATERIALS INC. INCENTIVE PLAN RESTRICTED STOCK UNIT AGREEMENTRestricted Stock Unit Agreement • November 7th, 2005 • Eagle Materials Inc • Cement, hydraulic • Texas
This restricted stock unit agreement (the “Restricted Stock Unit Agreement” or “Agreement”) entered into between Eagle Materials Inc., a Delaware corporation (the “Company”), and (the “Grantee”), an employee of the Company or its Affiliates, with respect to a right (the “Award”) of restricted stock units (“Restricted Stock Units”) representing shares of Class B Common Stock (as defined in the Eagle Materials Inc. Incentive Plan, as amended and restated as of July 27, 2004 (the “Plan”)) granted to the Grantee under the Plan on June 9, 2005 (the “Award Date”), such number of units subject to adjustment as provided in the Plan, and further subject to the following terms and conditions:
ASSET PURCHASE AGREEMENT between KOSMOS CEMENT COMPANY and EAGLE MATERIALS INC. dated as of November 25, 2019Asset Purchase Agreement • February 4th, 2020 • Eagle Materials Inc • Cement, hydraulic • New York
EAGLE MATERIALS INC. INCENTIVE PLAN NON-QUALIFIED DIRECTOR STOCK OPTION AGREEMENTOption Agreement • August 1st, 2006 • Eagle Materials Inc • Cement, hydraulic • Texas
This option agreement (the “Option Agreement” or “Agreement”) entered into between Eagle Materials Inc., a Delaware corporation (the “Company”), and (the “Optionee”), a director of the Company, with respect to a right (the “Option”) awarded to the Optionee under the Eagle Materials Inc. Incentive Plan, as amended (the “Plan”), on July 27, 2006 (the “Award Date”) to purchase from the Company up to but not exceeding in the aggregate shares of Common Stock (as defined in the Plan) at a price of $37.95 per share (the “Exercise Price”), such number of shares and such price per share being subject to adjustment as provided in the Plan, and further subject to the following terms and conditions:
SECOND AMENDED AND RESTATED CREDIT AGREEMENT among EAGLE MATERIALS INC. as Borrower, JPMORGAN CHASE BANK, N.A., as Administrative Agent and a Lender, and BANK OF AMERICA, N.A. and BRANCH BANKING AND TRUST COMPANY, as Co–Syndication Agents and REGIONS...Credit Agreement • December 22nd, 2010 • Eagle Materials Inc • Cement, hydraulic • Texas
SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) dated as of December 16, 2010, among EAGLE MATERIALS INC., as the Borrower, the LENDERS party hereto, and JPMORGAN CHASE BANK, N.A., as Administrative Agent.
