FIFTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • March 5th, 2004 • Kirby Corp • Water transportation • Texas
THIS FIFTH AMENDMENT TO CREDIT AGREEMENT dated as of December 9, 2003 (the “Fifth Amendment” or this “Amendment”) is among KIRBY CORPORATION, a Nevada corporation (the “Borrower”), the banks named on the signature pages hereto (the “Banks”), JPMORGAN CHASE BANK, (formerly known as The Chase Manhattan Bank, successor by merger to Chase Bank of Texas, N.A., formerly known as Texas Commerce Bank National Association), as Funds Administrator (the “Funds Administrator”) and as Administrative Agent (the “Agent”), BANK OF AMERICA, N.A., as Syndication Agent and WELLS FARGO BANK, N.A. as Documentation Agent. J.P. Morgan Securities Inc. and Banc of America Securities LLC, although not parties hereto, act as Co-Lead Arrangers and Joint Bookrunners for the Existing Credit Agreement (as hereinafter defined).
