0001047469-04-017947 Sample Contracts

AMENDMENT NO. 5 AND WAIVER TO CREDIT AGREEMENT
Credit Agreement • May 20th, 2004 • Foster Wheeler LTD • Heavy construction other than bldg const - contractors • New York

AMENDMENT NO. 5 AND WAIVER dated as of May 14, 2004 (this “Amendment”) to the Third Amended and Restated Term Loan and Revolving Credit Agreement dated as of August 2, 2002 (as heretofore amended, the “Credit Agreement”) among FOSTER WHEELER LLC (the “Company”), the Borrowing Subsidiaries (as defined therein), the GUARANTORS party thereto, the LENDERS party thereto (the “Lenders”) and BANK OF AMERICA, N.A., as Administrative Agent (in such capacity, the “Administrative Agent”) and Collateral Agent (in such capacity, the “Collateral Agent”), and BANC OF AMERICA SECURITIES LLC, as Lead Arranger and Book Manager.

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