AMENDMENT NO. 5 TO SECOND AMENDED AND RESTATED FINANCING AND SECURITY AGREEMENTFinancing and Security Agreement • November 14th, 2003 • Henry Co • Asphalt paving & roofing materials • California
This AMENDMENT NO. 5 TO SECOND AMENDED AND RESTATED FINANCING AND SECURITY AGREEMENT (this “Amendment”) is made as of September 8, 2003 by and among FLEET CAPITAL CORPORATION, a Rhode Island corporation, individually as a Lender and as Agent (in such capacity, “Agent”) for itself, and any other financial institution which becomes a party to the Financing and Security Agreement described below (each such financial institution, including Agent is referred to hereinafter individually as a “Lender” and collectively as “Lenders”), LENDERS, HENRY COMPANY, a California corporation (“Henry”), and KIMBERTON ENTERPRISES, INC., a Delaware corporation (“Kimberton”) (Henry, together with Kimberton, are referred to hereinafter each individually as a “Borrower” and collectively as “Borrowers”).
