FIRST AMENDMENT TO MEMBERSHIP INTEREST PURCHASE AGREEMENTMembership Interest Purchase Agreement • May 27th, 2021 • Hc2 Holdings, Inc. • Fabricated structural metal products
This First Amendment to Membership Interest Purchase Agreement (this “Amendment”), made and entered into as of May 27, 2021 (the “First Amendment Effective Date”), is by and among Bridge Fabrication Banker Holdings LLC, a Delaware limited liability company (“Atlas Banker Holdings”), The Banker Family Irrevocable Trust #3 U/A/D December 22, 2009 (“Banker Family Trust”), Chesley F. McPhatter, III, an individual residing in the State of Virginia (“McPhatter”), Richard Plant, an individual residing in the State of Virginia (“Plant” and collectively with Atlas Banker Holdings, Banker Family Trust and McPhatter, the “Sellers”), Atlas Banker Holdings, in its capacity as the representative of the Sellers for the purposes specified herein (the “Sellers’ Representative”), and DBM Global Inc., a Delaware corporation (the “Purchaser”). Capitalized terms used herein and not otherwise defined herein have the meanings assigned to them in the MIPA (defined below).
CREDIT AGREEMENT DATED AS OF May 27, 2021 AMONG DBM GLOBAL INC. AND THE OTHER BORROWERS, THE LENDERS, AND UMB BANK, N.A., AS ADMINISTRATIVE AGENT BMO HARRIS BANK N.A., AS SYNDICATION AGENTCredit Agreement • May 27th, 2021 • Hc2 Holdings, Inc. • Fabricated structural metal products
This Credit Agreement (the “Agreement”), dated as of May 27, 2021, is by and among DBM GLOBAL INC., a Delaware corporation (“Holdings”), the other Borrowers listed on Schedule 1.1 hereto (together with Holdings, each a “Borrower” and collectively the “Borrowers”), the LENDERS, which are party hereto from time to time (each a “Lender” and collectively the “Lenders”) and UMB BANK, N.A., a national banking association, as Letter of Credit Issuer and as Administrative Agent. The parties hereto agree as follows:
