0001104659-12-084447 Sample Contracts

SEVENTH AMENDMENT TO LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • December 17th, 2012 • Headwaters Inc • Concrete products, except block & brick • California

THIS SEVENTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”), dated as of December 13, 2012 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 the other Borrowers signatory hereto.

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ASSET PURCHASE AGREEMENT BY AND AMONG TAPCO INTERNATIONAL CORPORATION AND KLEER LUMBER, INC. AND LOUIS H. PRICE WALTER F. VALENTINE JO-ANNE G. PRICE DECEMBER 14, 2012
Asset Purchase Agreement • December 17th, 2012 • Headwaters Inc • Concrete products, except block & brick • Massachusetts

This ASSET PURCHASE AGREEMENT, dated as of December 14, 2012 (this “Agreement”), is by and among TAPCO INTERNATIONAL CORPORATION, a Michigan corporation (the “Buyer”) and KLEER LUMBER, INC., a Massachusetts corporation (the “Seller”), and Louis H. Price, Jo-Anne G. Price and Walter F. Valentine (the “Stockholders”).

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