PURCHASE AGREEMENTPurchase Agreement • March 1st, 2012 • New Enterprise Stone & Lime Co., Inc. • Mining & quarrying of nonmetallic minerals (no fuels) • New York
The Securities (as defined below) will be issued pursuant to an indenture, to be dated as of March 15, 2012 (the “Indenture”), as may be amended or supplemented from time to time, among the Company, the Guarantors (as defined below) and Wells Fargo Bank, National Association, as trustee (the “Trustee”) and as collateral trustee (the “Notes Collateral Agent”). Notes will be issued only in book-entry form in the name of Cede & Co., as nominee of The Depository Trust Company (the “Depositary”) pursuant to a letter of representations, to be dated on or before the Closing Date (as defined in Section 2 hereof) (the “DTC Agreement”), among the Company, the Trustee and the Depositary.
