0000950123-16-022770 Sample Contracts

EMPLOYMENT AGREEMENT
Employment Agreement • December 12th, 2016 • Foundation Building Materials, Inc. • Wholesale-lumber & other construction materials • California

This EMPLOYMENT AGREEMENT (the “Agreement”) is entered into as of the 9th day of October, 2015, between Foundation Building Materials, LLC (the “Company”) and Pete Welly (the “Employee”) (each of the foregoing individually a “Party” and collectively the “Parties”).

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Contract
Incremental Facility Amendment • December 12th, 2016 • Foundation Building Materials, Inc. • Wholesale-lumber & other construction materials • New York

INCREMENTAL FACILITY AMENDMENT, dated as of September 23, 2016 (this “Agreement”), to the ABL Credit Agreement dated as of August 9, 2016 (as amended, supplemented or otherwise modified through the date hereof, the “Credit Agreement”), among LSF9 CYPRESS HOLDINGS LLC, a Delaware limited liability company (the “Initial Borrower”), the Additional US Borrowers party thereto and the Additional Canadian Borrowers party thereto (with the Initial Borrower, the “Borrowers”), LSF9 CYPRESS PARENT LLC, a Delaware limited liability company (“Holdings”), the lenders and issuing banks party thereto from time to time (the “Lenders”) and GOLDMAN SACHS BANK USA, as administrative agent (together with its successors and permitted assigns in such capacities, the “Administrative Agent”), BANK OF AMERICA, N.A., as collateral agent (together with its successors and permitted assigns in such capacity, the “Collateral Agent”), with GOLDMAN SACHS BANK USA, BANK OF AMERICA, N.A. and WELLS FARGO BANK, NATIONAL A

TAX RECEIVABLE AGREEMENT by and between [Lone Star] and Foundation Building Materials, Inc. Dated as of [●], 2016
Tax Receivable Agreement • December 12th, 2016 • Foundation Building Materials, Inc. • Wholesale-lumber & other construction materials • New York

This TAX RECEIVABLE AGREEMENT (this “Agreement”), dated as of [ ], 2016, is hereby entered into by and between Foundation Building Materials, Inc., a Delaware corporation (the “Company”), [Lone Star], a [ ] (along with any successor as provided in Section 7.08, the “TRA Party Representative”), and the stockholders listed on Schedule A, as amended from time to time (each, a “TRA Party”). Capitalized terms used herein have the respective meanings set forth in Section 1.01.

EMPLOYMENT AGREEMENT
Employment Agreement • December 12th, 2016 • Foundation Building Materials, Inc. • Wholesale-lumber & other construction materials • California

This EMPLOYMENT AGREEMENT (the “Agreement”) is entered into as of the 9th day of October, 2015, between Foundation Building Materials, LLC (the “Company”) and Ruben Mendoza (the “Executive”) (each of the foregoing individually a “Party” and collectively the “Parties”).

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