FIFTH SUPPLEMENTAL INDENTUREFifth Supplemental Indenture • February 5th, 2009 • Great Lakes Dredge & Dock CORP • Heavy construction other than bldg const - contractors • New York
THIS FIFTH SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”) dated as of January 30, 2009 is by and among Yankee Environmental Services, LLC, a Delaware limited liability company (the “Guaranteeing Subsidiary”), Great Lakes Dredge & Dock Corporation, a Delaware corporation (the “Issuer”), Great Lakes Dredge & Dock Company, LLC, a Delaware limited liability company, NASDI Holdings Corporation, a Delaware corporation, Great Lakes Caribbean Dredging, Inc., a Delaware corporation, Dawson Marine Services Company, a Delaware corporation, NASDI, LLC, a Delaware limited liability company, and Fifty-Three Dredging Corporation, a New Jersey corporation (each an “Existing Guarantor” and, collectively, the “Existing Guarantors”), and The Bank of New York Mellon Trust Company, N.A., as trustee under the indenture referred to below (the “Trustee”).
AMENDMENT NO. 1 TO CREDIT AGREEMENTCredit Agreement • February 5th, 2009 • Great Lakes Dredge & Dock CORP • Heavy construction other than bldg const - contractors • New York
THIS AMENDMENT NO. 1 TO CREDIT AGREEMENT (this “Agreement”), dated as of January 30, 2009, is made by and among Great Lakes Dredge & Dock Corporation (the “Borrower”), the other “Loan Parties” from time to time party to the Credit Agreement referred to and defined below (together with the Borrower, the “Loan Parties”), the financial institutions from time to time party to such Credit Agreement referred to and defined below (collectively, the “Lenders”) and Bank of America, N.A., as successor by merger to LaSalle Bank National Association, as Swing Line Lender, Sole Lead Arranger, Issuing Lender and Administrative Agent (in such capacity, the “Administrative Agent”). Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed to such terms in the Credit Agreement referred to and defined below.
