FIFTH AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT Dated: April 27, 2006Loan and Security Agreement • May 3rd, 2006 • Pw Eagle Inc • Miscellaneous plastics products • Illinois
THIS FIFTH AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT is made as of this 27th day of April, 2006, by and among BANK OF AMERICA, N.A., a national banking association (“Bank of America”), with an office at One South Wacker Drive, Suite 3400, Chicago, Illinois 60606, individually as a Lender and as Agent (“Agent”) for itself and any other financial institution which is or becomes a party hereto (each such financial institution, including Bank of America, is referred to hereinafter individually as a “Lender” and collectively as “Lenders”), LENDERS, PW EAGLE, INC., a Minnesota corporation with its chief executive office and principal place of business at 1550 Valley River Drive, Eugene, Oregon 97401 (“Borrower”) and USPOLY COMPANY, LLC, a Minnesota limited liability company with its chief executive office and principal place of business at 7901 North Kickapoo Street, Shawnee, Oklahoma 74804 (“USPoly”). Borrower and USPoly are sometimes hereinafter referred to collectively as “Co-Borro
