LETTER AGREEMENTLetter Agreement • June 4th, 2021 • Babcock & Wilcox Enterprises, Inc. • Heating equipment, except electric & warm air furnaces • New York
Reference is made to that certain Amended and Restated Credit Agreement (the “Credit Agreement”), dated as of May 14, 2020 (as amended through Amendment No. 1, dated as of October 30, 2020, Amendment No. 2, dated as of February 8, 2021, Amendment No. 3, dated as of March 4, 2021, Amendment No. 4, dated as of March 26, 2021, and Amendment No. 5, dated as of May 10, 2021), by and among Babcock & Wilcox Enterprises, Inc., a Delaware corporation (the “Company”), as the borrower, Bank of America, N.A., as administrative agent, and each of the Lenders party thereto, including B. Riley Financial, Inc. (“B. Riley,” and, together with the Company, the “Parties”); and that certain Underwriting Agreement, dated May 4, 2021, by and between the Company and B. Riley Securities, Inc. as representative of the several underwriters named therein (the “Underwriters”), pursuant to which the Company issued and sold to the Underwriters 4,000,000 shares (the “Underwritten Shares”) of 7.75% Series A Cumulativ
