0001193125-09-202550 Sample Contracts

AMENDMENT NO. 10 AND WAIVER TO THE CREDIT AGREEMENT
Credit Agreement • October 2nd, 2009 • Headwaters Inc • Miscellaneous products of petroleum & coal • New York

AMENDMENT NO. 10 AND WAIVER TO THE CREDIT AGREEMENT (this “Amendment”) among Headwaters Incorporated, a Delaware corporation (the “Borrower”), the Lenders (as defined in the Credit Agreement referred to below), Morgan Stanley & Co. Incorporated, as collateral agent (the “Collateral Agent”), and Morgan Stanley Senior Funding, Inc. (“Morgan Stanley”), as administrative agent (the “Administrative Agent”; together with the Collateral Agent, the “Agents”).

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