FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT AND THIRD AMENDMENT TO GUARANTY AND SECURITY AGREEMENTLoan and Security Agreement • February 2nd, 2012 • Headwaters Inc • Concrete products, except block & brick • California
THIS FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT AND THIRD AMENDMENT TO GUARANTY AND SECURITY AGREEMENT (this “Amendment”), dated as of December 29, 2011 is entered into by and among the Lenders signatory hereto, BANK OF AMERICA, N.A., as Agent for the Lenders (in such capacity, “Agent”), HEADWATERS CONSTRUCTION MATERIALS, INC., a Utah corporation (“HCM”), TAPCO INTERNATIONAL CORPORATION, a Michigan corporation (“Tapco”), HEADWATERS RESOURCES, INC., a Utah corporation (“HRI”, and together with HCM, Tapco, and each of HRI’s, HCM’s and Tapco’s subsidiaries identified on the signature pages hereof, each individually a “Borrower”, and collectively, the “Borrowers”) and HEADWATERS INCORPORATED, a Delaware corporation (“Parent”).
