0001104659-16-141317 Sample Contracts

INCREMENTAL AMENDMENT
Headwaters Inc • August 25th, 2016 • Concrete products, except block & brick • New York

INCREMENTAL AMENDMENT, dated as of August 19, 2016 (this “Amendment”), to the Term Loan Credit Agreement dated as of March 24, 2015 (as amended by Amendment No. 1 dated as of June 30, 2016, and as further amended, supplemented, amended and restated or otherwise modified from time to time, the “Credit Agreement”) among HEADWATERS INCORPORATED, a Delaware corporation (the “Borrower”), the Guarantors party to the Credit Agreement from time to time, DEUTSCHE BANK AG NEW YORK BRANCH, as Administrative Agent (in such capacity, the “Administrative Agent”) and each lender from time to time party thereto (collectively, the “Lenders” and individually, a “Lender”). Deutsche Bank Securities Inc. and Merrill Lynch, Pierce, Fenner & Smith Incorporated shall be the joint lead arrangers and joint bookrunners in respect of this Amendment (each, an “Arranger” and collectively, the “Arrangers”). Capitalized terms used and not otherwise defined herein shall have the meanings assigned to them in the Credit

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