7¼% Senior Notes due 2019 REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • December 12th, 2013 • Headwaters Inc • Concrete products, except block & brick • New York
NINTH AMENDMENT TO LOAN AND SECURITY AGREEMENT AND SIXTH AMENDMENT TO GUARANTY AND SECURITY AGREEMENTGuaranty and Security Agreement • December 12th, 2013 • Headwaters Inc • Concrete products, except block & brick • California
THIS NINTH AMENDMENT TO LOAN AND SECURITY AGREEMENT AND SIXTH AMENDMENT TO GUARANTY AND SECURITY AGREEMENT (this “Amendment”), dated as of December 9, 2013 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”), the other Borrowers signatory hereto, HEADWATERS INCORPORATED, a Delaware corporation (“Parent”) and HEADWATERS PLANT SERVICES, INC., a Utah corporation (“HPS”, and together with Parent, each individually a “Guarantor”, and collectively, the “Guarantors”).
