0001104659-21-021988 Sample Contracts

BABCOCK & WILCOX ENTERPRISES, INC. COMMON STOCK UNDERWRITING AGREEMENT
Underwriting Agreement • February 12th, 2021 • Babcock & Wilcox Enterprises, Inc. • Heating equipment, except electric & warm air furnaces • New York
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BABCOCK & WILCOX ENTERPRISES, INC. 8.125% SENIOR NOTES DUE 2026 UNDERWRITING AGREEMENT
Underwriting Agreement • February 12th, 2021 • Babcock & Wilcox Enterprises, Inc. • Heating equipment, except electric & warm air furnaces • New York
FIRST SUPPLEMENTAL INDENTURE
Supplemental Indenture • February 12th, 2021 • Babcock & Wilcox Enterprises, Inc. • Heating equipment, except electric & warm air furnaces • New York

FIRST SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), dated as of February 12, 2021, between Babcock & Wilcox Enterprises, Inc., a Delaware corporation (the “Company”), and The Bank of New York Mellon Trust Company, N.A., as trustee (the “Trustee”).

AMENDMENT NO. 2 TO AMENDED AND RESTATED CREDIT AGREEMENT
Credit Agreement • February 12th, 2021 • Babcock & Wilcox Enterprises, Inc. • Heating equipment, except electric & warm air furnaces • New York

This AMENDMENT NO. 2 TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”), dated as of February 8, 2021, is among BABCOCK & WILCOX ENTERPRISES, INC., a Delaware corporation (the “Borrower”), BANK OF AMERICA, N.A., in its capacity as administrative agent for the Lenders (as defined in the Credit Agreement described below) (in such capacity, the “Administrative Agent”), and each of the Lenders party hereto, for purposes of Sections 1, 2, 5(a), 6, and 8 hereof, acknowledged and agreed by certain Subsidiaries of the Borrower, as Guarantors, and, for purposes of Section 5(b), B. Riley Financial, Inc., as Limited Guarantor.

LETTER AGREEMENT
Credit Agreement • February 12th, 2021 • Babcock & Wilcox Enterprises, Inc. • Heating equipment, except electric & warm air furnaces • New York
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