CREDIT AGREEMENT DATED AS OF OCTOBER 31, 2007 COMERICA BANK AS ADMINISTRATIVE AGENT, SYNDICATION AGENT, DOCUMENTATION AGENT AND LEAD ARRANGERCredit Agreement • November 21st, 2007 • Sterling Construction Co Inc • Heavy construction other than bldg const - contractors • Texas
This Credit Agreement (“Agreement”) is made as of the 31st day of October, 2007, by and among the financial institutions from time to time signatory hereto (individually a “Lender,” and any and all such financial institutions collectively the “Lenders”), Comerica Bank, as Administrative Agent for the Lenders (in such capacity, the “Agent”), Arranger, Syndication Agent and Documentation Agent, Sterling Construction Company, Inc., a Delaware corporation (“Sterling”), Texas Sterling Construction Co., a Delaware corporation (“TSC”) and Oakhurst Management Corporation, a Texas corporation (“OMC” and together with Sterling and TSC, the “Borrowers” and each a “Borrower” as more specifically defined herein).
SECURITY AGREEMENTSecurity Agreement • November 21st, 2007 • Sterling Construction Co Inc • Heavy construction other than bldg const - contractors • Texas
THIS SECURITY AGREEMENT (the “Agreement”) dated as of October 31, 2007, is entered into by and among the Borrowers (as defined below) and such other entities which from time to time become parties hereto (collectively, the “Debtors” and each individually a “Debtor”) and Comerica Bank (“Comerica”), as Administrative Agent for and on behalf of the Lenders (as defined below) (in such capacity, the “Agent”). The addresses for the Debtors and the Agent, as of the date hereof, are set forth on the signature pages attached hereto.
PURCHASE AGREEMENT BY AND AMONG RICHARD H. BUENTING FISHER SAND & GRAVEL CO. THOMAS FISHER STERLING CONSTRUCTION COMPANY, INC. Dated as of October 31, 2007Purchase Agreement • November 21st, 2007 • Sterling Construction Co Inc • Heavy construction other than bldg const - contractors • Delaware
This Purchase Agreement (this "Agreement") is entered into as of the 31st day of October, 2007 by and among Richard H. Buenting ("Mr. Buenting;") and Fisher Sand & Gravel Co., a North Dakota corporation ("FSG") as sellers, and Sterling Construction Company, Inc., a Delaware corporation ("SCC") as the buyer. Mr. Buenting and FSG are sometimes referred to collectively as the "Sellers." SCC and the Sellers are sometimes referred to in this Agreement together as the "Parties" and individually as a "Party." Thomas Fisher, the controlling stockholder of FSG ("Mr. Fisher") is a party to this Agreement and is included in the terms Party and Parties only in the provisions hereof in which he is mentioned or otherwise stated to be a Party.
EMPLOYMENT AGREEMENT OF RICHARD H. BUENTINGEmployment Agreement • November 21st, 2007 • Sterling Construction Co Inc • Heavy construction other than bldg const - contractors
This Employment Agreement is between you, Richard H. Buenting, and Road and Highway Builders, LLC ("RHB") and is intended to become effective on October 31, 2007, the closing date of the purchase by Sterling Construction Company, Inc. or its assignee ("SCC") of all of the membership interests in RHB (the "Closing Date.") It provides for your employment on the following terms and conditions:
ESCROW AGREEMENTEscrow Agreement • November 21st, 2007 • Sterling Construction Co Inc • Heavy construction other than bldg const - contractors • Michigan
Each of the foregoing parties is sometimes referred to herein as a "Party" and together they are sometimes referred to as the "Parties." SCC, FSG and Mr. Buenting are sometimes each referred to herein as a "Depositor" and together as the "Depositors." FSG and Mr. Buenting are sometimes herein referred to together as the "Sellers."
JOINDER AGREEMENTJoinder Agreement • November 21st, 2007 • Sterling Construction Co Inc • Heavy construction other than bldg const - contractors
This Joinder Agreement (this “Joinder Agreement”) is executed and delivered as of the 31st day of October, 2007 by each of the undersigned
