Metals Usa Inc Sample Contracts

Metals Usa Inc – AGREEMENT dated as of July 1, 2008 (this “Agreement”) among FLAG INTERMEDIATE HOLDINGS CORPORATION, a Delaware corporation (“Holdings”), METALS USA, INC., a Delaware corporation (“Parent”), certain subsidiaries of Parent listed on Annex I hereto (together with Parent, the “Borrowers”), the lenders executing this Agreement as Incremental Tranche A Lenders (the “Incremental Tranche A Lenders”), CREDIT SUISSE as administrative agent (in such capacity, the “Administrative Agent”) for the Lenders (as defined in the Credit Agreement referred to below), and BANK OF AMERICA, N.A. as collateral agent ( (July 9th, 2008)

AGREEMENT dated as of July 1, 2008 (this “Agreement”) among FLAG INTERMEDIATE HOLDINGS CORPORATION, a Delaware corporation (“Holdings”), METALS USA, INC., a Delaware corporation (“Parent”), certain subsidiaries of Parent listed on Annex I hereto (together with Parent, the “Borrowers”), the lenders executing this Agreement as Incremental Tranche A Lenders (the “Incremental Tranche A Lenders”), CREDIT SUISSE as administrative agent (in such capacity, the “Administrative Agent”) for the Lenders (as defined in the Credit Agreement referred to below), and BANK OF AMERICA, N.A. as collateral agent (in such capacity, the “Collateral Agent”) for the Lenders.

Metals Usa Inc – Contract (August 6th, 2007)

AMENDMENT No. 2 dated as of June , 2007 (this “Amendment”), to the Loan and Security Agreement dated as of November 30, 2005, as amended by Amendment No. 1 dated as of July 18, 2006 (as so amended, the “Credit Agreement”), among FLAG INTERMEDIATE HOLDINGS CORPORATION, a Delaware corporation (“Holdings”), METALS USA, INC., a Delaware corporation (“Parent”), certain subsidiaries of Parent party thereto (together with Parent, the “Borrowers”), the lenders from time to time party thereto (the “Lenders”), CREDIT SUISSE as administrative agent (in such capacity, the “Administrative Agent”) for the Lenders, and BANK OF AMERICA, N.A. as collateral agent (in such capacity, the “Collateral Agent”) for the Lenders.

Metals Usa Inc – PRESS RELEASE FOR IMMEDIATE RELEASE Contacts: Robert McPherson Sr. Vice President, CFO Metals USA, Inc. 713-965-0990 (July 31st, 2007)

July 30, 2007 – HOUSTON, TEXAS – Metals USA, Inc., a wholly-owned subsidiary of Metals USA Holdings Corp. through its wholly-owned subsidiary Flag Intermediate Holdings Corporation, today announced its operating results for the quarter ended June 30, 2007. Sales revenues of $480.9 million exceeded second quarter prior year sales of $458.2 million by $22.7 million. Adjusted EBITDA (as defined and calculated in the attached table), a non-GAAP financial measure used by Metals USA and its creditors to monitor the performance of the business, was $45.5 million for the second quarter, a number $3.5 million higher than second quarter 2006. The Company recognized $5.5 million in depreciation and amortization expenses during the quarter. Interest expense for the second quarter 2007 was $14.8 million. Operating income, the GAAP measure that we believe is most comparable to Adjusted EBITDA, was $39.4 million. Second quarter 2007 operating income was $2.8 million better than second quarter last ye

Metals Usa Inc – METALS USA HOLDINGS CORP. 2006 DEFERRED COMPENSATION PLAN (March 12th, 2007)

The Metals USA Holdings Corp. 2006 Deferred Compensation Plan (the “Plan”) has been adopted by Metals USA Holdings Corp., a Delaware corporation, effective as of the Effective Date, for the benefit of its eligible employees. The Plan is a nonqualified deferred compensation plan pursuant to which the Company (as hereinafter defined) and its Subsidiaries may defer compensation on behalf of certain employees. The Plan is maintained primarily for the purpose of providing deferred compensation for a select group of management or highly compensated employees, within the meaning of Sections 201(2), 301(a)(3) and 401(a)(1) of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”).

Metals Usa Inc – PRESS RELEASE Contacts: Robert McPherson Metals USA, Inc. (September 14th, 2006)

This press release contains certain forward-looking statements which involve known and unknown risks, uncertainties or other factors not under the Company’s control which may cause the actual results, performance or achievement of the Company to be materially different from the results, performance or other expectations implied by these forward-looking statements. These factors include, but are not limited to, those disclosed in the Company’s periodic filings with the Securities and Exchange Commission.

Metals Usa Inc – Metals USA, Inc. Stockholders Approve Merger Agreement (October 20th, 2005)

October 19, 2005 – HOUSTON, TX – Metals USA, Inc. (NASDAQ: MUSA), announced today that the stockholders of the Company voted to adopt the merger agreement providing for the acquisition of the Company by affiliates of Apollo Management, L.P., a private investment management firm, at a special meeting of the stockholders held today in New York, NY. Approximately 99% of the votes cast at the special meeting voted to adopt the merger agreement.

Metals Usa Inc – PRESS RELEASE (July 28th, 2005)

July 26, 2005 – HOUSTON, TEXAS – Metals USA, Inc. (NASDAQ: MUSA), a leader in the metals processing and distribution industry, today announced results for the three months ended June 30, 2005.  Net income in the second quarter of 2005 was $14.3 million, or $0.68 per diluted share.  For the second quarter of 2004, net income was $33.7 million, or $1.63 per diluted share.

Metals Usa Inc – THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT (November 10th, 2004)

THIS THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into as of and effective as of November 9, 2004, (the “Effective Date”), by and among BANK OF AMERICA, NATIONAL ASSOCIATION, as administrative agent (“Administrative Agent”) for the other lenders identified on the signature pages hereof (“Lenders”), and METALS USA, INC., a Delaware corporation, and each of its subsidiaries (“Subsidiaries”) which are parties hereto (collectively, “Borrowers”).

Metals Usa Inc – METALS USA, INC. 2002 LONG-TERM INCENTiVE PLAN (July 16th, 2004)
Metals Usa Inc – AMENDED AND RESTATED BYLAWS OF METALS USA, INC. *As Amended by Amendment No. 1 Effective 5-17-2004 (See Attachment A to Amended and Restated Bylaws) (July 16th, 2004)
Metals Usa Inc – METALS USA, INC. 401(k) PLAN BASIC PLAN DOCUMENT AND ADOPTION AGREEMENT July 8, 2004 (July 9th, 2004)
Metals Usa Inc – METALS USA, INC. UNION 401(k) PLAN BASIC PLAN DOCUMENT AND ADOPTION AGREEMENT July 8, 2004 (July 9th, 2004)
Metals Usa Inc – SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT (March 26th, 2004)

THIS SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT (this "Amendment") is entered into as of and effective as of March 24, 2004, (the "Effective Date"), by and among BANK OF AMERICA, NATIONAL ASSOCIATION, as administrative agent ("Administrative Agent") for the other lenders identified on the signature pages hereof (the "Lenders"), and METALS USA, INC. and each of its subsidiaries (the "Subsidiaries") which are parties hereto (collectively, the "Borrowers").

Metals Usa Inc – i ARTICLE V AFTER-TAX AND ROLLOVER CONTRIBUTIONS 5.1 PRIOR AFTER-TAX CONTRIBUTIONS ...................................... 15 5.2 ROLLOVER CONTRIBUTIONS ............................................. 15 5.3 VESTING OF AFTER-TAX CONTRIBUTIONS AND ROLLOVER CONTRIBUTIONS ...... 15 ARTICLE VI EMPLOYER CONTRIBUTIONS 6.1 CONTRIBUTION PERIOD ................................................... 16 6.2 PROFIT-SHARING CONTRIBUTIONS .......................................... 16 6.3 ALLOCATION OF PROFIT-SHARING CONTRIBUTIONS ............................ 16 6.4 QUALIFIED NONELECTIVE CONTRIBUTIONS ............ (July 1st, 2003)
Metals Usa Inc – FIRST AMENDMENT TO REGISTRATION RIGHTS AGREEMENT (April 30th, 2003)

THIS FIRST AMENDMENT (this "Amendment"), dated April 1, 2003, to the REGISTRATION RIGHTS AGREEMENT dated as of October 31, 2002 (the "Agreement"), is by and among Metals USA, Inc., a Delaware corporation (the "Company"), Citadel Equity Fund Ltd., a Cayman Islands company ("Citadel Equity Fund"), and Citadel Distressed Opportunity and Credit Fund Ltd., a Cayman Islands company (together with the Citadel Equity Fund, the "Initial Holders").

Metals Usa Inc – EMPLOYMENT AGREEMENT (March 28th, 2003)

This Employment Agreement (the “Agreement”) dated as of this 5th day of March, 2003 by and between Metals USA, Inc., a Delaware corporation (the “Company”), and William R. Bennett (“Executive”).

Metals Usa Inc – FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (March 28th, 2003)

THIS FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into as of and effective as of October 31, 2002, (the “Effective Date”), by and among BANK OF AMERICA, NATIONAL ASSOCIATION, as administrative agent (“Administrative Agent”) for the other lenders identified on the signature pages hereof (the “Lenders”), and METALS USA, INC. and each of its subsidiaries (the “Subsidiaries”) which are parties hereto (collectively, the “Borrowers”).

Metals Usa Inc – EMPLOYMENT AGREEMENT (March 28th, 2003)

This Employment Agreement (the “Agreement”) dated this 18th day of February, 2003 by and between Metals USA, Inc., a Delaware corporation (the “Company”), and Celso Lourenço Gonçalves (“Executive”).

Metals Usa Inc – METALS USA, INC. 2002 LONG-TERM INCENTIVE PLAN (March 28th, 2003)
Metals Usa Inc – i ARTICLE V AFTER-TAX AND ROLLOVER CONTRIBUTIONS 5.1 TRANSFERRED AFTER-TAX CONTRIBUTIONS................................................................15 5.2 ROLLOVER CONTRIBUTIONS..................................................... ........................15 5.3 VESTING OF AFTER-TAX CONTRIBUTIONS AND ROLLOVER CONTRIBUTIONS......................................15 ARTICLE VI EMPLOYER CONTRIBUTIONS 6.1 CONTRIBUTION PERIOD.......................................... ......................................16 6.2 PROFIT-SHARING CONTRIBUTIONS............................................................. (November 19th, 2002)
Metals Usa Inc – AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF METALS USA, INC. METALS USA, INC., a corporation organized and existing under the laws and by virtue of the General Corporation Law of the State of Delaware (the "Corporation"), DOES HEREBY CERTIFY: 1. The name of the Corporation is METALS USA, INC. 2. The Corporation was originally incorporated under the name Mollie Marie Acquisition Corp. The date of filing of the original Certificate of Incorporation of the Corporation with the Secretary of State of the State of Delaware was July 3, 1996. 3. This Amended and Restated Certificate of Incorp (November 15th, 2002)
Metals Usa Inc – Contract (November 9th, 2000)

Bank Account Bank One, NA (formerly known as The First National Bank of Chicago) A/C Name: Affiliated Metals Company 1 Bank One Plaza A/C # 5598478 Chicago, IL 60670 Lock-Box # 70558-- 70558 Network Place Chicago, IL 60673-1705 Bank One, NA (formerly known as The First National Bank of Chicago) A/C Name: Fullerton Metals Company 1 Bank One Plaza A/C # 5128161 Chicago, IL 60670 Lock-Box # 70296-- 70296 Network Place Chicago, IL 60673-1702 Bank One, NA (formerly known as The First National Bank of Chicago) A/C Name: Independent Metals Co., Inc. 1 Bank One Plaza A/C # 5104424 Chicago, IL 60670 Lock-Box # 70554-- 70554 Network Place

Metals Usa Inc – AMENDED AND RESTATED CREDIT AGREEMENT (March 30th, 1999)
Metals Usa Inc – RECEIVABLES PURCHASE AGREEMENT (March 30th, 1999)
Metals Usa Inc – STOCK PURCHASE AGREEMENT (July 10th, 1998)
Metals Usa Inc – POWER OF ATTORNEY (May 20th, 1998)
Metals Usa Inc – POWER OF ATTORNEY (April 20th, 1998)
Metals Usa Inc – AGREEMENT AND PLAN OF MERGER (March 16th, 1998)
Metals Usa Inc – AGREEMENT AND PLAN OF MERGER (February 20th, 1998)
Metals Usa Inc – FOUNDERS' EMPLOYMENT AGREEMENT (February 20th, 1998)
Metals Usa Inc – INDENTURE (February 20th, 1998)
Metals Usa Inc – CREDIT AGREEMENT (February 20th, 1998)
Metals Usa Inc – 8 5/8% SENIOR SUBORDINATED NOTES DUE 2008 (February 20th, 1998)
Metals Usa Inc – REGISTRATION RIGHTS AGREEMENT (February 20th, 1998)
Metals Usa Inc – AGREEMENT AND PLAN OF MERGER (January 13th, 1998)