LOAN AND SECURITY AGREEMENT Dated as of March 31, 2006Loan and Security Agreement • April 4th, 2006 • Modtech Holdings Inc • Prefabricated wood bldgs & components • California
THIS LOAN AND SECURITY AGREEMENT is dated as of March 31, 2006, among MODTECH HOLDINGS, INC., a Delaware corporation (“Borrower Agent”) and those Subsidiaries of Borrower Agent set forth on the signature pages hereto or which hereafter become parties hereto (individually, a “Borrower” and collectively, “Borrowers”), the financial institutions party to this Agreement from time to time as lenders (collectively, “Lenders”), and BANK OF AMERICA, N.A., a national banking association, as agent for the Lenders (“Agent”).
INTERCREDITOR AGREEMENTIntercreditor Agreement • April 4th, 2006 • Modtech Holdings Inc • Prefabricated wood bldgs & components • New York
This INTERCREDITOR AGREEMENT (“Agreement”), is dated as of March __, 2006, and entered into by and among MODTECH HOLDINGS, INC. (the “Company”), BANK OF AMERICA, N.A. (“Bank of America”), in its capacity as collateral agent and representative for the First Lien Obligations (as defined below) (in such capacity, together with any replacement or successor collateral agent and representative the “First Lien Collateral Agent”), and AMPHORA LIMITED, an exempt company organized under the laws of the Cayman Islands (“Amphora”), in its capacity as collateral agent and representative for the Second Lien Obligations (as defined below), (in such capacity, together with any replacement or successor collateral agent and representative the “Second Lien Collateral Agent”). Capitalized terms used in this Agreement have the meanings assigned to them in Section 1 below.
AMENDMENT AGREEMENTSecurities Purchase Agreement • April 4th, 2006 • Modtech Holdings Inc • Prefabricated wood bldgs & components • New York
AMENDMENT AGREEMENT (this " Amendment"), dated as of March 31, 2006, by and among Modtech Holdings, Inc., a Delaware corporation, with headquarters located at 2830 Barrett Avenue, Perris, California 92571 (the "Company") and Amphora Limited (the "Investor").
