AMENDMENT No. 3 TO INVESTMENT AGREEMENT BY AND BETWEEN NCI BUILDING SYSTEMS, INC. AND CLAYTON, DUBILIER & RICE FUND VIII, L.P. Dated as of October 8, 2009Investment Agreement • October 8th, 2009 • Nci Building Systems Inc • Prefabricated metal buildings & components
This AMENDMENT No. 3 (this “Amendment No. 3”), dated as of October 8, 2009, to the Investment Agreement, dated as of August 14, 2009, by and between NCI BUILDING SYSTEMS, INC., a Delaware corporation, and CLAYTON, DUBILIER & RICE FUND VIII, L.P., a Cayman exempted limited partnership (the “Investor”), as amended by that Amendment, dated August 28, 2009, by and between the Company and the Investor and by that Amendment No. 2, dated as of August 31, 2009, by and between the Company and the Investor (as so amended, the “Investment Agreement”).
AMENDMENT NO. 1 TO LOCK-UP AND VOTING AGREEMENTLock-Up and Voting Agreement • October 8th, 2009 • Nci Building Systems Inc • Prefabricated metal buildings & components
This AMENDMENT NO. 1 (this “Amendment”), dated as of October 8, 2009, to the Lock-Up and Voting Agreement, dated as of August 31, 2009 (the “Lock-Up Agreement”), is by and among the Persons executing this Amendment as “Requisite Consenting Creditors” on the signature pages hereto and NCI Building Systems, Inc. (the “Company”). Unless otherwise specifically defined herein, each term used herein shall have the meaning assigned to such term in the Lock-Up Agreement.
