0001047469-16-015862 Sample Contracts

COMPANY AGREEMENT OF Pelican Asphalt Company, LLC, a Texas Limited Liability Company
Company Agreement • September 30th, 2016 • Green America Recycling, LLC • General bldg contractors - nonresidential bldgs • Texas
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SECOND AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF CONTINENTAL CEMENT COMPANY, L.L.C.
Limited Liability Company Agreement • September 30th, 2016 • Green America Recycling, LLC • General bldg contractors - nonresidential bldgs • Delaware

This SECOND AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT (the “Agreement”) of Continental Cement Company, L.L.C., a Delaware limited liability company (the “Company”), is entered into as of April 7, 2015, by Summit Materials Holdings II, LLC, a Delaware limited liability company as sole member of, and owner of all the limited liability company interests in, the Company (the “Member”).

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THIRD SUPPLEMENTAL INDENTURE
Third Supplemental Indenture • September 30th, 2016 • Green America Recycling, LLC • General bldg contractors - nonresidential bldgs • New York

Third Supplemental Indenture (this “Supplemental Indenture”), dated as of September 23, 2016, among H.C. Rustin Corporation, an Oklahoma corporation, and R.D. Johnson Excavating Company, LLC, a Kansas limited liability company (each, a “Guaranteeing Subsidiary”), each an indirect subsidiary of Summit Materials, LLC, a Delaware limited liability company (the “Issuer”), and Wilmington Trust, National Association, a national banking association, as trustee (the “Trustee”), Transfer Agent, Registrar and Paying Agent.

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FIRST AMENDMENT TO LIMITED PARTNERSHIP AGREEMENT OF KILGORE PARTNERS, L.P. A Utah Limited Partnership
Limited Partnership Agreement • September 30th, 2016 • Green America Recycling, LLC • General bldg contractors - nonresidential bldgs

This First Amendment to Limited Partnership Agreement of KILGORE PARTNERS, L.P. (“Agreement”), is made effective as of August 21, 2015 is executed and agreed to by (i) Summit Materials, LLC, a Delaware limited liability company, as a “General Partner” and “Limited Partner”; (ii) B & B Resources, Inc. a Utah corporation, as a “Limited Partner”; (iii) Lewis & Lewis, Inc., a Wyoming corporation, as a “Limited Partner”; and (iv) LeGrand Johnson Construction Co, a Utah corporation, as a “Limited Partner.”

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SECOND AMENDED AND RESTATED OPERATING AGREEMENT OF SIERRA READY MIX LIMITED LIABILITY COMPANY
Operating Agreement • September 30th, 2016 • Green America Recycling, LLC • General bldg contractors - nonresidential bldgs • Nevada

This Second Amended and Restated Operating Agreement (this “Agreement”) of SIERRA READY MIX LIMITED LIABILITY COMPANY (the “Company”) is entered into by Kilgore Companies, LLC, as the sole member (the “Member”) of the Company.

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AMENDED & RESTATED LIMITED PARTNERSHIP AGREEMENT OF KILGORE PARTNERS, L.P.
Asignment and Assumption Agreement and Bill of Sale • September 30th, 2016 • Green America Recycling, LLC • General bldg contractors - nonresidential bldgs • Utah

This Amended & Restated Limited Partnership Agreement of KILGORE PARTNERS, L.P., dated effective as of the 1st day of June 2015, is executed and agreed to by (i) Summit Materials, LLC, a Delaware limited liability company, as a “General Partner”; (ii) B & B Resources, Inc. a Utah corporation, as a “Limited Partner”; and (iii) Lewis & Lewis, Inc., a Wyoming corporation, as a “Limited Partner.”

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AMENDED AND RESTATED OPERATING AGREEMENT OF AMERICAN MATERIALS COMPANY , LLC
Operating Agreement • September 30th, 2016 • Green America Recycling, LLC • General bldg contractors - nonresidential bldgs • North Carolina

This Amended and Restated Operating Agreement (this “Agreement”) of AMERICAN MATERIALS COMPANY, LLC (the “Company”) is entered into by SUMMIT MATERIALS, LLC, as the sole member (the “Member”).

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SEVENTH SUPPLEMENTAL INDENTURE
Seventh Supplemental Indenture • September 30th, 2016 • Green America Recycling, LLC • General bldg contractors - nonresidential bldgs • New York

Sixth Supplemental Indenture (this “Supplemental Indenture”), dated as of September 23, 2016, among H.C. Rustin Corporation, an Oklahoma corporation, and R.D. Johnson Excavating Company, LLC, a Kansas limited liability company (each, a “Guaranteeing Subsidiary”), each an indirect subsidiary of Summit Materials, LLC, a Delaware limited liability company (the “Issuer”), and Wilmington Trust, National Association, a national banking association, as trustee (the “Trustee”), Transfer Agent, Registrar and Paying Agent.

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SECOND AMENDED AND RESTATED OPERATING AGREEMENT OF September 1, 2016
Operating Agreement • September 30th, 2016 • Green America Recycling, LLC • General bldg contractors - nonresidential bldgs • Kansas

This Second Amended and Restated Operating Agreement (this “Agreement”) of R.D. JOHNSON EXCAVATING COMPANY, LLC (the “Company”) is entered into by HAMM, INC. as the sole member (the “Member”).

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SECOND AMENDMENT TO LIMITED PARTNERSHIP AGREEMENT OF KILGORE PARTNERS, L.P. A Utah Limited Partnership
Limited Partnership Agreement • September 30th, 2016 • Green America Recycling, LLC • General bldg contractors - nonresidential bldgs

This Second Amendment to Limited Partnership Agreement of KILGORE PARTNERS, L.P. (“Second Amendment”), is made effective as of January 3, 2016 is executed and agreed to by (i) Summit Materials, LLC, a Delaware limited liability company, as a “General Partner” and “Limited Partner”; (ii) B & B Resources, Inc. a Utah corporation, as a “Limited Partner”; (iii) Lewis & Lewis, Inc., a Wyoming corporation, as a “Limited Partner”; (iv) LeGrand Johnson Construction Co, a Utah corporation, as a “Limited Partner” and (v) Elam Construction, Inc., a Colorado corporation, as a “Limited Partner.”

Sample 1
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