TWELFTH AMENDMENT TO LOAN AND SECURITY AGREEMENT AND EIGHTH AMENDMENT TO GUARANTY AND SECURITY AGREEMENTLoan and Security Agreement • August 2nd, 2016 • Headwaters Inc • Concrete products, except block & brick • California
THIS TWELFTH AMENDMENT TO LOAN AND SECURITY AGREEMENT AND EIGHTH AMENDMENT TO GUARANTY AND SECURITY AGREEMENT (this “Amendment”), dated as of August 1, 2016 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 BUILDING PRODUCTS, INC., a Utah corporation (formerly known as Headwaters Construction Materials, Inc.) (“HBP”), TAPCO INTERNATIONAL CORPORATION, a Michigan corporation (“Tapco”), HEADWATERS RESOURCES, LLC, a Delaware limited liability company (formerly Headwaters Resources, Inc., a Utah corporation) (“HRL”, and together with HBP, Tapco, and each of HRL’s, HBP’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 together with the other “Guarantors” signatory hereto, each individually a “Guarantor”, and col
ASSET PURCHASE AGREEMENT BETWEEN KRESTMARK INDUSTRIES, L.P., CREST VINYL EXTRUSIONS, LLC AND LEGACY VINYL WINDOWS, LP, AS SELLERS; WILLIAM E. ROBINSON, JR. AND HEADWATERS WINDOWS, LLC AND HEADWATERS INCORPORATED Dated as of August 1, 2016Asset Purchase Agreement • August 2nd, 2016 • Headwaters Inc • Concrete products, except block & brick • Texas
ASSET PURCHASE AGREEMENT, dated as of August 1, 2016 (this “Agreement”), by and among Krestmark Industries, L.P., a Texas limited partnership, Crest Vinyl Extrusions, LLC, a Texas limited liability company and Legacy Vinyl Windows, LP, a Texas limited partnership (each a “Seller” and collectively the “Sellers”), William E. Robinson, Jr. (“Owner”), on the one hand, and Headwaters Windows, LLC, a Utah limited liability company (“Purchaser”) and Headwaters Incorporated, a Delaware corporation (“Parent”), on the other.
