SECURITY AGREEMENTSecurity Agreement • July 8th, 2016 • New Enterprise Stone & Lime Co., Inc. • Mining & quarrying of nonmetallic minerals (no fuels) • New York
This SECURITY AGREEMENT, dated as of July 8, 2016 (as amended, restated, 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 PRO
TERM LOAN CREDIT AND GUARANTY AGREEMENT Dated as of July 8, 2016 by and among NEW ENTERPRISE STONE & LIME CO., INC., as Borrower,Term Loan Credit and Guaranty Agreement • July 8th, 2016 • New Enterprise Stone & Lime Co., Inc. • Mining & quarrying of nonmetallic minerals (no fuels) • New York
INTERCREDITOR AGREEMENTIntercreditor Agreement • July 8th, 2016 • New Enterprise Stone & Lime Co., Inc. • Mining & quarrying of nonmetallic minerals (no fuels) • New York
This 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 July 8, 2016, 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 Term Loan Documents, the “Obligors” and each an “Obligor”), PNC Bank, National Association, in its capacity as collateral agent for the ABL Secured Parties (as defined below) (including its successors and assigns from time to time, the “ABL Collateral Agent”) and Cortland Capital Market Services LLC, in its capacity as collateral agent for the Term Loan Secured Parties (as defined below) (in such capacity, and including its successors and assigns from time to time in such capacity, the “Term Loan Collateral Agen
