AMENDED AND RESTATED INTERCREDITOR AGREEMENTIntercreditor Agreement • February 14th, 2014 • New Enterprise Stone & Lime Co., Inc. • Mining & quarrying of nonmetallic minerals (no fuels) • New York
This AMENDED AND RESTATED INTERCREDITOR AGREEMENT (as amended, restated, renewed, extended, supplemented or otherwise modified from time to time in accordance with the terms hereof, this “Agreement”) is dated as of February 12, 2014, and entered into by and among New Enterprise Stone & Lime Co., Inc., a Delaware corporation (the “Company”), certain subsidiaries of the Company party hereto (together with the Company, and any future Subsidiary of the Company that becomes party to any ABL Loan Documents or Noteholder Documents, the “Obligors” and each an “Obligor”), PNC Bank, National Association, in its capacity as collateral agent for the ABL Lenders (including its successors and assigns from time to time, the “ABL Agent”) and Wells Fargo Bank, National Association, a national banking association, in its capacity as trustee (in such capacity and including it successors and assigns from time to time, the “Trustee”) and collateral agent (in such capacity and including its successors and a
INTERCREDITOR AND COLLATERAL AGENCY AGREEMENTIntercreditor and Collateral Agency Agreement • February 14th, 2014 • New Enterprise Stone & Lime Co., Inc. • Mining & quarrying of nonmetallic minerals (no fuels) • New York
SECURITY AGREEMENTSecurity Agreement • February 14th, 2014 • New Enterprise Stone & Lime Co., Inc. • Mining & quarrying of nonmetallic minerals (no fuels) • New York
This SECURITY AGREEMENT, dated as of February 12, 2014 (as amended, amended and restated, supplemented or otherwise modified from time to time in accordance with the provisions hereof, this “Agreement”) made by and among NEW ENTERPRISE STONE & LIME CO., INC., a corporation organized under the laws of the State of Delaware (“NESL”), ASTI TRANSPORTATION SYSTEMS, INC., a corporation organized under the laws of the State of Delaware (“ASTI”), EII TRANSPORT INC., a corporation organized under the laws of the Commonwealth of Pennsylvania (“EII”), GATEWAY TRADE CENTER INC., a corporation organized under the laws of the State of New York (“Gateway”), PRECISION SOLAR CONTROLS INC., a corporation organized under the laws of the State of Texas (“Precision”), PROTECTION SERVICES INC., a corporation organized under the laws of the Commonwealth of Pennsylvania (“Protection”), SCI PRODUCTS INC., a corporation organized under the laws of the Commonwealth of Pennsylvania (“SCI”), and WORK AREA PROTECTI
TERM LOAN CREDIT AND GUARANTY AGREEMENT Dated as of February 12, 2014 by and among NEW ENTERPRISE STONE & LIME CO., INC., as Borrower,Term Loan Credit and Guaranty Agreement • February 14th, 2014 • New Enterprise Stone & Lime Co., Inc. • Mining & quarrying of nonmetallic minerals (no fuels) • New York
This Term Loan Credit and Guaranty Agreement dated as of February 12, 2014 is by and among NEW ENTERPRISE STONE & LIME CO., INC., a corporation organized under the laws of the State of Delaware, as borrower (“Borrower”), ASTI TRANSPORTATION SYSTEMS, INC., a corporation organized under the laws of the State of Delaware (“ASTI”), EII TRANSPORT INC., a corporation organized under the laws of the Commonwealth of Pennsylvania (“EII”), GATEWAY TRADE CENTER INC., a corporation organized under the laws of the State of New York (“Gateway”), PRECISION SOLAR CONTROLS INC., a corporation organized under the laws of the State of Texas (“Precision”), PROTECTION SERVICES INC., a corporation organized under the laws of the Commonwealth of Pennsylvania (“Protection”), SCI PRODUCTS INC., a corporation organized under the laws of the Commonwealth of Pennsylvania (“SCI”), WORK AREA PROTECTION CORP., a corporation organized under the laws of the State of Illinois (“Work Area”, and together with ASTI, EII,
