AMENDED AND RESTATED INTERCREDITOR AGREEMENTIntercreditor Agreement • February 14th, 2014 • New Enterprise Stone & Lime Co., Inc. • Mining & quarrying of nonmetallic minerals (no fuels) • New York
Contract Type FiledFebruary 14th, 2014 Company Industry JurisdictionThis AMENDED AND RESTATED INTERCREDITOR AGREEMENT (as amended, restated, renewed, extended, supplemented or otherwise modified from time to time in accordance with the terms hereof, this “Agreement”) is dated as of February 12, 2014, and entered into by and among New Enterprise Stone & Lime Co., Inc., a Delaware corporation (the “Company”), certain subsidiaries of the Company party hereto (together with the Company, and any future Subsidiary of the Company that becomes party to any ABL Loan Documents or Noteholder Documents, the “Obligors” and each an “Obligor”), PNC Bank, National Association, in its capacity as collateral agent for the ABL Lenders (including its successors and assigns from time to time, the “ABL Agent”) and Wells Fargo Bank, National Association, a national banking association, in its capacity as trustee (in such capacity and including it successors and assigns from time to time, the “Trustee”) and collateral agent (in such capacity and including its successors and a
INTERCREDITOR AGREEMENTIntercreditor Agreement • March 21st, 2012 • New Enterprise Stone & Lime Co., Inc. • Mining & quarrying of nonmetallic minerals (no fuels) • New York
Contract Type FiledMarch 21st, 2012 Company Industry JurisdictionThis INTERCREDITOR AGREEMENT (as amended, restated, renewed, extended, supplemented or otherwise modified from time to time in accordance with the terms hereof, this “Agreement”), is dated as of March 15, 2012, and entered into by and among New Enterprise Stone & Lime Co., Inc., a Delaware corporation (the “Company”), certain subsidiaries of the Company (the “Guarantors”), Manufacturers and Traders Trust Company, in its capacity as collateral agent for the ABL Lenders (including its successors and assigns from time to time, the “ABL Agent”) and Wells Fargo Bank, National Association, a national banking association, in its capacity as trustee (in such capacity and including it successors and assigns from time to time, the “Trustee”) and collateral agent (in such capacity and including its successors and assigns from time to time, the “Collateral Agent”) for the Note Claimholders. As described in more detail in Section 8.10 hereof, this Agreement is intended to be binding on all Claimhol