FIFTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • July 7th, 2006 • Eagle Materials Inc • Cement, hydraulic
THIS FIFTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (the “Amendment”), dated effective as of June 30, 2006 is among EAGLE MATERIALS INC. (who was formerly Centex Construction Products, Inc. and herein the “Borrower”), each lender party hereto who is shown as a “Lender” on Attachment 1 hereto (individually a “Lender” and collectively the “Lenders”), each lender party hereto who is listed on the signature pages hereto after the heading “Departing Banks” (individually a “Departing Lender” and collectively the “Departing Lenders”), JPMORGAN CHASE BANK, N.A. (formerly known as JPMorgan Chase Bank and successor by merger to Bank One, N.A.), individually as a Lender and as administrative agent for itself and the other lenders (in its capacity as administrative agent, the “Administrative Agent”), Bank of America, N.A. and Branch Banking And Trust Company, as “co-syndication agents” and Wells Fargo Bank, N.A. and Union Bank of California, N.A., as “co-documentation agents”.
