CREDIT AGREEMENT among NCI BUILDING SYSTEMS, INC., as Borrower, THE LENDERS FROM TIME TO TIME PARTIES HERETO, CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as Administrative Agent and Collateral Agent, ROYAL BANK OF CANADA and UBS SECURITIES LLC, as...Credit Agreement • June 26th, 2012 • Nci Building Systems Inc • Prefabricated metal buildings & components • New York
CREDIT AGREEMENT, dated as of June 22, 2012, among NCI BUILDING SYSTEMS, INC. (the “Borrower”), a Delaware corporation, the several banks and other financial institutions from time to time party hereto (as further defined in Subsection 1.1, the “Lenders”), and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as administrative agent (in such capacity and as further defined in Subsection 1.1, the “Administrative Agent”) for the Lenders hereunder and as collateral agent (in such capacity and as further defined in Subsection 1.1, the “Collateral Agent”) for the Secured Parties (as defined below).
GUARANTEE AND COLLATERAL AGREEMENT made by NCI BUILDING SYSTEMS, INC., and certain of its Subsidiaries, in favor of CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as Collateral Agent Dated as of June 22, 2012Guarantee and Collateral Agreement • June 26th, 2012 • Nci Building Systems Inc • Prefabricated metal buildings & components • New York
GUARANTEE AND COLLATERAL AGREEMENT, dated as of June 22, 2012, made by NCI Building Systems, Inc., a Delaware corporation (the “Borrower”) and certain Subsidiaries of the Borrower that are signatories hereto, in favor of CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as collateral agent (in such capacity, and together with its successors and assigns in such capacity, the “Collateral Agent”) and administrative agent (in such capacity, and together with its successors and assigns in such capacity, the “Administrative Agent”) for the banks and other financial institutions (collectively, the “Lenders”; individually, a “Lender”) from time to time parties to the Credit Agreement described below.
AMENDMENT NO. 1 TO GUARANTY AGREEMENTGuaranty Agreement • June 26th, 2012 • Nci Building Systems Inc • Prefabricated metal buildings & components • New York
AMENDMENT NO. 1 TO GUARANTY AGREEMENT, dated June 22, 2012 (this “Amendment”), is by and among Wells Fargo Capital Finance, LLC, formerly known as Wells Fargo Foothill, LLC, a Delaware limited liability company, in its capacity as administrative agent and co-collateral agent pursuant to the Loan Agreement (as hereinafter defined) acting for and on behalf of the parties thereto as lenders (in such capacity, “Agent”), NCI Group, Inc., a Nevada corporation (“NCI”), Robertson-Ceco II Corporation, a Delaware corporation (“Robertson-Ceco”, and together with NCI, each individually, a “Borrower” and collectively, “Borrowers”), NCI Building Systems, Inc., a Delaware corporation (“NCI Building Systems” or “Parent”) and Steelbuilding.com, Inc., a Delaware corporation (“Steelbuilding” and together with Parent and Borrowers, each individually a “Guarantor” and collectively, “Guarantors”).
AMENDMENT NO. 1 TO INTERCREDITOR AGREEMENTIntercreditor Agreement • June 26th, 2012 • Nci Building Systems Inc • Prefabricated metal buildings & components • New York
WHEREAS, the Company, the other Grantors, the Term Loan Administrative Agent, the Term Loan Agent, the Working Capital Administrative Agent, the Working Capital Agent and the Control Agent are parties to the Intercreditor Agreement, dated as of October 20, 2009, by and among the Company, the other Grantors, Term Loan Agent, the Working Capital Agent and the Control Agent, as supplemented by the Joinder thereto dated as of the date hereof (as the same is amended and supplemented pursuant hereto and may hereafter be further amended, modified, supplemented, extended, renewed, restated or replaced, the “Intercreditor Agreement”);
