THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • February 2nd, 2006 • Elgin National Industries Inc • General industrial machinery & equipment • New York
THIRD AMENDMENT, dated as of January 31, 2006 (this “Agreement”), to the Loan and Security Agreement, dated as of February 10, 2003, as amended by the First Amendment and Waiver, dated as of February 19, 2004, and the Second Amendment and Waiver, dated as of June 30, 2004 (as so amended and as the same may be further amended, restated or otherwise modified, the ”Loan Agreement”), by and among, on the one hand, the lenders listed on the signature pages hereto under the captions “Continuing Lender” (the “Continuing Lender”) and “New Lender” (the “New Lender”, and together with the Continuing Lender, each a “Lender” and collectively, the “Lenders”), and WELLS FARGO FOOTHILL, INC. (f/k/a Foothill Capital Corporation), a California corporation, as the arranger and administrative agent for the Lenders (the “Agent”), and, on the other hand, ELGIN NATIONAL INDUSTRIES, INC., a Delaware corporation (the “Parent”), and each of Parent’s Subsidiaries identified on the signature pages hereof (such S
