SECOND AMENDMENT TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • June 26th, 2017 • Commercial Metals Co • Steel works, blast furnaces & rolling mills (coke ovens) • Texas
This FOURTH AMENDED AND RESTATED CREDIT AGREEMENT (“Agreement”) is entered into as of June 26, 2014 among COMMERCIAL METALS COMPANY, a Delaware corporation (the “Company”), CMC INTERNATIONAL FINANCE S.à R.L. (formerly CMCLUX, S.à r.l.) having its registered office at 33, rue de Puits Romain, L-8070 Bertrange, Luxembourg, registered with the Luxembourg Register of Commerce and Companies under number B-161680 and having a corporate capital of USD 29,090.88, a company organized and existing under the laws of Luxembourg as a société à responsabilité limitée (the “Foreign Borrower”), (the Company together with the Foreign Borrower, collectively the “Borrowers”), 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 an L/C Issuer.
OMNIBUS AMENDMENT NO. 3 [Amendment No. 4 to RSA, Amendment No. 4 to Performance Undertaking and Amendment No. 6 to Receivables Purchase Agreement]Receivables Purchase Agreement • June 26th, 2017 • Commercial Metals Co • Steel works, blast furnaces & rolling mills (coke ovens)
THIS OMNIBUS AMENDMENT NO. 3 (this “Amendment”) is entered into as of June 23, 2017 but is retroactively effective as of June 1, 2017 (the “Effective Date”), by and among Commercial Metals Company, a Delaware corporation, individually (“CMC”), as the initial Servicer (the “Servicer”) and as provider of the Performance Undertaking (in such capacity, the “Performance Guarantor”), CMC Cometals Processing, Inc., a Texas corporation (“Cometals Processing”), Structural Metals, Inc., a Texas corporation (“SMI”), CMC Steel Fabricators, Inc., a Texas corporation (“CMC Steel”), SMI Steel LLC, an Alabama limited liability company (previously known as SMI Steel Inc., an Alabama corporation) (“SMI Steel”), AHT, Inc., a Pennsylvania corporation (“AHT”), Owen Electric Steel Company of South Carolina, a South Carolina corporation (“Owen Electric” and, together with all of the foregoing, the “Originators”), CMC Receivables, Inc., a Delaware corporation (the “SPE”), Wells Fargo Bank, N.A., a national ba
THIRD AMENDMENT TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • June 26th, 2017 • Commercial Metals Co • Steel works, blast furnaces & rolling mills (coke ovens)
This THIRD AMENDMENT TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENT, dated as of June 23, 2017 (this “Amendment”), is by and among Commercial Metals Company, a Delaware corporation (the “Company”), CMC International Finance S.à r.l., a company organized and existing under the laws of Luxembourg as a société à responsabilité limitée (the “Foreign Borrower”) (the Company, together with the Foreign Borrower, collectively, the “Borrowers”), the lending institutions party hereto and Bank of America, N.A., as administrative agent (the “Administrative Agent”) for itself and the other Lenders party to that certain Credit Agreement, dated as of June 26, 2014 (as amended, supplemented, and restated or otherwise modified and in effect from time to time, the “Credit Agreement”), by and among the Borrowers, the lending institutions party thereto (the “Lenders”) and the Administrative Agent. Capitalized terms used herein without definition shall have the meanings assigned to such terms in the Credi
INTERCREDITOR AGREEMENTIntercreditor Agreement • June 26th, 2017 • Commercial Metals Co • Steel works, blast furnaces & rolling mills (coke ovens) • New York
This INTERCREDITOR AGREEMENT (this “Agreement”) is entered into as of June 23, 2017, by and between WELLS FARGO BANK, N.A. (“Wells Fargo” ), in its capacity as administrative agent (the “Securitization Agent”) pursuant to the Purchase Agreement (as defined below) and the other Securitization Documents (as defined below), and BANK OF AMERICA, N.A. (“BofA”), in its capacity as administrative agent (the “Bank Agent”) pursuant to the Credit Agreement (as defined below) and the other Loan Documents (as defined below).
