9.5% Senior Secured Notes due 2015Indenture • March 22nd, 2013 • Us Concrete Inc • Concrete products, except block & brick • New York
INDENTURE dated as of March 22, 2013 among U.S. Concrete, Inc., a Delaware corporation (the “Issuer”), and each of the guarantors named herein and from time to time a party hereto (each, a “Guarantor” and together, the “Guarantors”), and U.S. Bank National Association, a national banking association, as Trustee (the “Trustee”) and as noteholder collateral agent (together with any successor thereto in such capacity, the “Noteholder Collateral Agent”).
SECOND SUPPLEMENTAL INDENTURESecond Supplemental Indenture • March 22nd, 2013 • Us Concrete Inc • Concrete products, except block & brick • New York
THIS SECOND SUPPLEMENTAL INDENTURE, dated as of March 22, 2013 (this “Supplemental Indenture”), among U.S. CONCRETE, INC., a Delaware corporation (the “Issuer”), the Guarantors party hereto and U.S. BANK NATIONAL ASSOCIATION, as trustee (the “Trustee”) and as Noteholder Collateral Agent (the “Noteholder Collateral Agent”), to the Indenture, dated as of August 31, 2010, by and among the Issuer, the subsidiaries of the Issuer party thereto as Guarantors and the Trustee, as amended by that certain Supplemental Indenture, dated as of October 30, 2012 (the “Indenture”). Capitalized terms used in this Supplemental Indenture and not otherwise defined herein shall have the meanings assigned to such terms in the Indenture.
INTERCREDITOR AGREEMENTIntercreditor Agreement • March 22nd, 2013 • Us Concrete Inc • Concrete products, except block & brick • New York
THIS FIRST AMENDMENT TO INTERCREDITOR AGREEMENT, dated as of March 22, 2013 (this “Amendment”), amends that certain Intercreditor Agreement, dated as of August 31, 2010 (as amended to date and as further amended, restated, supplemented or otherwise modified from time to time, including as amended hereby, the “Intercreditor Agreement”), by and among Bank of America, N.A. (“BofA”), as successor in interest to JPMorgan Chase Bank, N.A., as administrative agent (in such capacity, with its successors and assigns, and as more specifically defined in the Intercreditor Agreement, the “ABL Representative”) for the ABL Secured Parties (as defined in the Intercreditor Agreement), U.S. Bank National Association (“U.S. Bank”) as trustee and noteholder collateral agent for the Convertible Notes Parties (as defined below) (in such capacities, with its successors and assigns the “Convertible Notes Representative”), U.S. Bank, as trustee and noteholder collateral agent for the Senior Notes Secured Part
