11 3/8% Senior Secured Notes due 2014Indenture • October 27th, 2009 • Headwaters Inc • Miscellaneous products of petroleum & coal • New York
INDENTURE dated as of October 27, 2009, by and among HEADWATERS INCORPORATED, a Delaware corporation (the “Issuer”), as Issuer, the Guarantors party hereto and WILMINGTON TRUST FSB, a federal savings bank, as trustee (the “Trustee”) and as collateral agent (the “Collateral Agent”).
REGISTRATION RIGHTS AGREEMENT REGISTERED EXCHANGE OFFER HEADWATERS INCORPORATEDRegistration Rights Agreement • October 27th, 2009 • Headwaters Inc • Miscellaneous products of petroleum & coal • New York
HEADWATERS CONSTRUCTION MATERIALS, INC. TAPCO INTERNATIONAL CORPORATION HEADWATERS RESOURCES, INC., and EACH OF THEIR RESPECTIVE SUBSIDIARIES IDENTIFIED ON THE SIGNATURE PAGES HEREOF, as Borrowers LOAN AND SECURITY AGREEMENT Dated as of October 27,...Loan and Security Agreement • October 27th, 2009 • Headwaters Inc • Miscellaneous products of petroleum & coal • California
THIS LOAN AND SECURITY AGREEMENT is dated as of October 27, 2009, among HEADWATERS CONSTRUCTION MATERIALS, INC., a Utah corporation (“HCM”), TAPCO INTERNATIONAL CORPORATION, a Michigan corporation (“Tapco”), HEADWATERS RESOURCES, INC., a Utah corporation (“HRI”, and together with HCM, Tapco, and each of HRI’s, HCM’s and Tapco’s Subsidiaries identified on the signature pages hereof, each individually a “Borrower”, and collectively, the “Borrowers”), the financial institutions party to this Agreement from time to time as lenders (collectively, “Lenders”), and BANK OF AMERICA, N.A., a national banking association, as administrative agent for the Lenders (in such capacity, “Agent”) and as sole lead arranger.
