AMENDED AND RESTATED CREDIT AGREEMENT Dated as of May 31, 2007 among NORTHWEST PIPE COMPANY, as Borrower, BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer, and The Other Lenders Party Hereto BANC OF AMERICA SECURITIES...Credit Agreement • June 6th, 2007 • Northwest Pipe Co • Steel pipe & tubes • Oregon
This AMENDED AND RESTATED CREDIT AGREEMENT (“Agreement”) is entered into as of May 31, 2007, among NORTHWEST PIPE COMPANY, an Oregon corporation (the “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer. This Agreement is an amendment and restatement, and not a novation, of that certain Credit Agreement dated as of May 20, 2005 as subsequently amended, among the Borrower, Bank of America, N.A., as administrative agent, swing line lender and l/c issuer and sole lender (although additional lenders were contemplated, there were none other than Bank of America) (the “2005 Credit Agreement”). This Agreement amends, supersedes and restates the 2005 Credit Agreement.
SECOND AMENDED AND RESTATED INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT Dated as of May 31, 2007 Among PRUDENTIAL INVESTMENT MANAGEMENT, INC. AND THE PRUDENTIAL NOTEHOLDERS, BANK OF AMERICA, N.A. AND THE OTHER CREDIT AGREEMENT LENDERS, NORTHWEST...Intercreditor and Collateral Agency Agreement • June 6th, 2007 • Northwest Pipe Co • Steel pipe & tubes • New York
THIS SECOND AMENDED AND RESTATED INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT (“Agreement”), dated as of May 31, 2007, which amends and restates in its entirety that certain Amended and Restated Intercreditor and Collateral Agency Agreement, dated as of May 20, 2005, by and among Northwest Pipe Company, an Oregon corporation (the “Company”), certain parties hereto and certain other Persons, is entered into by and among (i) (a) Prudential Investment Management, Inc. (“PIM”), (b) The Prudential Insurance Company of America (“Prudential”), as the holder of the Prudential Series A Notes, a holder of Prudential Series B Notes, a holder of Prudential Series C Notes and the holder of the Prudential Series D Notes, (c) Prudential Retirement Insurance and Annuity Company (“PRIAC”) as a holder of Prudential Series B Notes and a holder of Prudential Series C Notes and (d) any other Prudential Affiliates that hereafter become initial purchasers of Prudential Shelf Notes and execute a Joinder Agre
AMENDED AND RESTATED NOTE PURCHASE AND PRIVATE SHELF AGREEMENTNote Purchase and Private Shelf Agreement • June 6th, 2007 • Northwest Pipe Co • Steel pipe & tubes • New York
