0001193125-18-109893 Sample Contracts

FORM OF SUNTX CPI GROWTH COMPANY, INC. NON-PLAN STOCK OPTION AGREEMENT
Non-Plan Stock Option Agreement • April 6th, 2018 • Construction Partners, Inc. • Heavy construction other than bldg const - contractors • Delaware

This Non-Plan Stock Option Agreement, dated as of March 31, 2010 (this “Agreement”), is made and entered into by and between SunTx CPI Growth Company, Inc., a Delaware corporation (the “Company”), and the undersigned Optionee. All capitalized terms used but not otherwise defined in this Agreement shall have the meaning assigned to them in the attached Appendix.

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FORM OF FIRST AMENDMENT TO NON-PLAN STOCK OPTION AGREEMENT
Non-Plan Stock Option Agreement • April 6th, 2018 • Construction Partners, Inc. • Heavy construction other than bldg const - contractors • Delaware

This First Amendment (this “Amendment”) to the Non-Plan Stock Option Agreement, dated July 1, 2011 (the “Option Agreement”), by and between SunTx CPI Growth Company, Inc, a Delaware corporation (the “Company”), and [ ]. (the “Optionee”). Capitalized terms used herein but not defined herein are used as defined in the Option Agreement.

AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • April 6th, 2018 • Construction Partners, Inc. • Heavy construction other than bldg const - contractors

THIS AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is made and entered into as of June 30, 2017, by and among CONSTRUCTION PARTNERS, INC., a Delaware corporation (“Construction Partners”); WIREGRASS CONSTRUCTION COMPANY, INC., an Alabama corporation (“Wiregrass Construction”); FRED SMITH CONSTRUCTION, INC., a North Carolina corporation (“Fred Smith Construction”); FSC II, LLC, a North Carolina limited liability company (“FSC”); C. W. ROBERTS CONTRACTING, INCORPORATED, a Florida corporation (“Roberts Contracting”); EVERETT DYKES GRASSING CO., INC., a Georgia corporation (“Everett Dykes” and together with Construction Partners, Wiregrass Construction, Fred Smith Construction, FSC and Roberts Contracting, “Borrowers”); COMPASS BANK, a bank organized under the laws of the State of Alabama, as agent for the Lenders and as a Lender and Issuing Bank (“Agent”); and SERVISFIRST BANK, as a Lender (“ServisFirst”). Each of Agent and ServisFirst shall be referred to herein as a “Lender” and coll

LOAN MODIFICATION AGREEMENT AND AMENDMENT TO LOAN DOCUMENTS
Loan Modification Agreement • April 6th, 2018 • Construction Partners, Inc. • Heavy construction other than bldg const - contractors

THIS LOAN MODIFICATION AGREEMENT AND AMENDMENT TO LOAN DOCUMENTS (this “Agreement”) is being entered into as of the 14th day of November, 2017, by and among CONSTRUCTION PARTNERS HOLDINGS, INC., a Delaware corporation, formerly known as Construction Partners, Inc. (“Holdings”); WIREGRASS CONSTRUCTION COMPANY, INC., an Alabama corporation (“Wiregrass Construction”); FRED SMITH CONSTRUCTION, INC., a North Carolina corporation (“Fred Smith Construction”); FSC II, LLC, a North Carolina limited liability company (“FSC”); C. W. ROBERTS CONTRACTING, INCORPORATED, a Florida corporation (“Roberts Contracting”); EVERETT DYKES GRASSING CO., INC., a Georgia corporation (“Everett Dykes” and together with Holdings, Wiregrass Construction, Fred Smith Construction, FSC and Roberts Contracting, “Borrowers”); CONSTRUCTION PARTNERS, INC., a Delaware corporation, formerly known as SunTx CPI Growth Company, Inc. (“CPI fka SunTx”); COMPASS BANK, a bank organized under the laws of the State of Alabama, as ag

AMENDMENT TO MANAGEMENT SERVICES AGREEMENT
Management Services Agreement • April 6th, 2018 • Construction Partners, Inc. • Heavy construction other than bldg const - contractors

Construction Partners, Inc., a Delaware corporation (the “Company”) and SunTx Capital Management Corp., a Texas corporation (“SunTx”), hereby enter into this Amendment (the “Amendment”), which is made effective as of October 1, 2013, to the Management Services Agreement, dated October 1, 2006 (the “Agreement”).

EMPLOYMENT AND NON-COMPETE AGREEMENT
Employment Agreement • April 6th, 2018 • Construction Partners, Inc. • Heavy construction other than bldg const - contractors • North Carolina

THIS EMPLOYMENT AND NON-COMPETE AGREEMENT (this “Agreement”) is made this 27th day of June, 2014, to be effective as of July 1, 2014 (the “Effective Date”), by and between FSC II, LLC, a North Carolina limited liability company (hereinafter the “Company”), and F. Julius Smith III, an individual and North Carolina resident (hereinafter the “Employee”), and for the sole limited purpose of agreeing to be bound by Section 19 of this Agreement, Construction Partners, Inc., a Delaware corporation (“CPI”).

LOAN MODIFICATION AGREEMENT AND AMENDMENT TO LOAN DOCUMENTS
Loan Modification Agreement • April 6th, 2018 • Construction Partners, Inc. • Heavy construction other than bldg const - contractors

THIS LOAN MODIFICATION AGREEMENT AND AMENDMENT TO LOAN DOCUMENTS (this “Agreement”) is being entered into as of the 31 day of December, 2017, by and among CONSTRUCTION PARTNERS HOLDINGS, INC., a Delaware corporation, formerly known as Construction Partners, Inc. (“Holdings”); WIREGRASS CONSTRUCTION COMPANY, INC., an Alabama corporation (“Wiregrass Construction”); FRED SMITH CONSTRUCTION, INC., a North Carolina corporation (“Fred Smith Construction”); FSC II, LLC, a North Carolina limited liability company (“FSC”); C. W. ROBERTS CONTRACTING, INCORPORATED, a Florida corporation (“Roberts Contracting”); EVERETT DYKES GRASSING CO., INC., a Georgia corporation (“Everett Dykes” and together with Holdings, Wiregrass Construction, Fred Smith Construction, FSC and Roberts Contracting, “Borrowers”); CONSTRUCTION PARTNERS, INC., a Delaware corporation, formerly known as SunTx CPI Growth Company, Inc. (“Guarantor”); COMPASS BANK, a bank organized under the laws of the State of Alabama, as agent fo

REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • April 6th, 2018 • Construction Partners, Inc. • Heavy construction other than bldg const - contractors • Delaware

This Registration Rights Agreement (this “Agreement”), dated as of June 8, 2007, is made and entered into by and among SunTx CPI Growth Company, Inc., a Delaware corporation (the “Company”), and the other persons listed on the signature page attached hereto or executing an addendum hereto as contemplated by Section 4.02 of this Agreement (each a “Holder” and collectively the “Holders”).

MANAGEMENT SERVICES AGREEMENT
Management Services Agreement • April 6th, 2018 • Construction Partners, Inc. • Heavy construction other than bldg const - contractors • Delaware

This MANAGEMENT SERVICES AGREEMENT (this “Agreement”) is made and effective as of October 1, 2006 (the “Effective Date”) between Construction Partners, Inc., a Delaware corporation (the “Company”) and SunTx Capital Management Corp. (“SunTx”). This Agreement supersedes any previously executed agreement between the parties hereto concerning the provision of Services (as defined below).

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