FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT AND CONSENTLoan and Security Agreement • June 15th, 2006 • BlueLinx Holdings Inc. • Wholesale-lumber, plywood, millwork & wood panels • New York
THIS FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT AND CONSENT (this “Amendment”), dated as of June 9, 2006, is entered into by and among the financial institutions signatory hereto (each a “Lender” and collectively the “Lenders”), Wachovia Bank, National Association, successor by merger to Congress Financial Corporation (“Wachovia”), as administrative and collateral agent for the Lenders and for the Bank Product Providers (in such capacity, “Administrative and Collateral Agent”), Wachovia, as a co-lead arranger for the credit facility (in such capacity, a “Co-Lead Arranger”) and as a co-syndication agent for the credit facility (in such capacity, a “Co-Syndication Agent”), Bank of America, N.A., Wells Fargo Foothill, LLC, and JPMorgan Chase Bank, N.A., formerly known as JPMorgan Chase Bank, as documentation agents (in such capacities, each a “Documentation Agent” and collectively the “Documentation Agents”) and BlueLinx Corporation, a Georgia corporation (“Borrower”).
LOAN AND SECURITY AGREEMENT Dated as of June 9, 2006 between The Borrowers Signatory Hereto, as Borrower, ABP MD (BALTIMORE) LLC, as Maryland Loan Guarantor and GERMAN AMERICAN CAPITAL CORPORATION, on behalf of the holders of the Notes, as LenderLoan and Security Agreement • June 15th, 2006 • BlueLinx Holdings Inc. • Wholesale-lumber, plywood, millwork & wood panels • New York
THIS LOAN AND SECURITY AGREEMENT, dated as of June 9, 2006 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), by and among ABP MD (BALTIMORE) LLC, a Delaware limited liability company (“Maryland Loan Guarantor”), the borrowers signatory hereto (each an “Individual Borrower” and collectively, “Borrower”) having an office c/o BlueLinx Holdings Inc., 4300 Wildwood Parkway, Atlanta, Georgia 30339, and GERMAN AMERICAN CAPITAL CORPORATION, a Maryland corporation, on behalf of the holders of the Notes, having an address at 60 Wall Street, New York, New York 10005 (together with its successors and assigns, “Lender”).
ENVIRONMENTAL INDEMNITYEnvironmental Indemnity • June 15th, 2006 • BlueLinx Holdings Inc. • Wholesale-lumber, plywood, millwork & wood panels • New York
ENVIRONMENTAL INDEMNITY, is made as of June 9, 2006 (this “Agreement”), by BLUELINX HOLDINGS INC., a Delaware corporation (“Indemnitor”), having an office at 4300 Wildwood Parkway, Atlanta, Georgia 30339, for the benefit of GERMAN AMERICAN CAPITAL CORPORATION, a Maryland corporation, on behalf of the holders of the Notes (“Lender”), having an office at 60 Wall Street, 10th Floor, New York, New York 10005.
ABP AL (MIDFIELD) LLC AND THE OTHER PARTIES IDENTIFIED AS LANDLORDS HEREIN, Landlord, and BLUELINX CORPORATION, Tenant AMENDED AND RESTATED MASTER LEASE AGREEMENT DATED: as of June 9, 2006Master Lease Agreement • June 15th, 2006 • BlueLinx Holdings Inc. • Wholesale-lumber, plywood, millwork & wood panels • New York
THIS AMENDED AND RESTATED MASTER LEASE AGREEMENT (this “Lease”), dated as of June 9, 2006, is made by and between ABP AL (MIDFIELD) LLC, a Delaware limited liability company with an office at 4300 Wildwood Parkway, Atlanta, Georgia, 30339, Attention: Gary Cummings (“Landlord Agent”), and the parties identified as Landlords on the signature pages hereof (each, individually and collectively with Landlord Agent, “Landlord”), and BLUELINX CORPORATION, a Georgia corporation with an office at 4100 Wildwood Parkway, Atlanta, Georgia, 30339, Attention: General Counsel (“Tenant”).
GUARANTY OF RECOURSE OBLIGATIONSGuaranty of Recourse Obligations • June 15th, 2006 • BlueLinx Holdings Inc. • Wholesale-lumber, plywood, millwork & wood panels • New York
GUARANTY OF RECOURSE OBLIGATIONS, is made as of June 9, 2006 (this “Agreement”), by BLUELINX HOLDINGS INC., a Delaware corporation (“Guarantor”), having an office at 4300 Wildwood Parkway, Atlanta, Georgia 30339, to and for the benefit of GERMAN AMERICAN CAPITAL CORPORATION, a Maryland corporation, on behalf of the holders of the Notes (together with its successors and assigns, “Lender”), having an office at 60 Wall Street, New York, New York 10005.
