0000950170-24-098053 Sample Contracts

FIRST AMENDMENT TO STANDARD OFFER, AGREEMENT AND ESCROW INSTRUCTIONS FOR PURCHASE OF REAL ESTATE
Offer, Agreement and Escrow Instructions • August 16th, 2024 • Shimmick Corp • Heavy construction other than bldg const - contractors • California

THIS FIRST AMENDMENT TO STANDARD OFFER, AGREEMENT AND ESCROW INSTRUCTIONS FOR PURCHASE OF REAL ESTATE (the “Amendment”) is entered into August ___, 2024 (the “Effective Date”) by and between SHIMMICK CONSTRUCTION COMPANY, INC., a California corporation (“Seller”) and Alterra IOS Acquisitions III, LLC, a Delaware limited liability company (“Buyer”).

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ARMED SERVICES BOARD OF CONTRACT APPEALS
Armed Services Board of Contract • August 16th, 2024 • Shimmick Corp • Heavy construction other than bldg const - contractors

For the purpose of disposing of the Parties’ claims, without any further proceedings and without there being any further adjudication of any issue of law or fact, and without constituting an admission of liability on the part of any party, and for no other purpose, the appellant, Shimmick Construction Company, Inc. (“SCCI”), and the appellee, the United States Army Corps of Engineers (“the Government”) (collectively, “the Parties”) enter into this Settlement Agreement.

RECITALS
Credit, Security and Guaranty Agreement • August 16th, 2024 • Shimmick Corp • Heavy construction other than bldg const - contractors • New York

Agent, Lenders, Borrowers and Holdings have entered into that certain Credit, Security and Guaranty Agreement, dated as of March 27, 2023 (as amended by that certain Amendment No. 1 to Credit, Security and Guaranty Agreement, dated as of June 29, 2023, by that certain Amendment No. 2 to Credit, Security and Guaranty Agreement, dated as of September 22, 2023 and by that certain Amendment No. 3 to Credit, Security and Guaranty Agreement, dated as of May 20, 2024, the “Existing Credit Agreement” and as amended hereby and as it may be further amended, modified, supplemented and restated from time to time, the “Credit Agreement”), pursuant to which the Lenders have agreed to make certain advances of money and to extend certain financial accommodations to Borrowers in the amounts and manner set forth in the Credit Agreement.

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