PURCHASE AGREEMENT by and between BETTER MINERALS & AGGREGATES COMPANY and HANSON BMC ACQUISITION CO. Dated as of April 10, 2003Purchase Agreement • April 18th, 2003 • Better Minerals & Aggregates Co • Mining & quarrying of nonmetallic minerals (no fuels) • New York
PURCHASE AGREEMENT dated as of April 10, 2003 (herein, together with the Schedules attached hereto, referred to as the “Agreement”) among BETTER MINERALS & AGGREGATES COMPANY, a Delaware corporation (the “Seller”), HANSON BMC ACQUISITION CO., a Delaware corporation (“Purchaser”), solely for the purposes of Article 14 hereof, U.S. Silica Company, a Delaware corporation (“Seller Guarantor”), and, solely for the purposes of Article 15 hereof, Hanson Building Materials America, Inc., a Delaware corporation (“Purchaser Guarantor”).
AMENDMENT NO. 6 AND WAIVER TO THE CREDIT AGREEMENTCredit Agreement • April 18th, 2003 • Better Minerals & Aggregates Co • Mining & quarrying of nonmetallic minerals (no fuels) • New York
AMENDMENT NO. 6 AND WAIVER TO THE CREDIT AGREEMENT (this “Amendment”) among BMAC Holdings, Inc., a Delaware corporation (the “Parent Guarantor”), Better Minerals & Aggregates Company, a Delaware corporation (the “Borrower”), George F. Pettinos (Canada) Limited, a corporation organized and existing under the laws of Ontario, Canada (the “Canadian Borrower”), the banks, financial institutions and other institutional lenders party to the Credit Agreement referred to below (collectively, the “Lenders”), and BNP Paribas (formerly Banque Nationale de Paris), as the issuing bank (the “Issuing Bank”), as the swing line bank (the “Swing Line Bank”), and as agent (together with any successors appointed pursuant to Article VII of the Credit Agreement referred to below, the “Agent”) for the Lender Parties.
AMENDMENT NO. 7 AND WAIVER TO THE CREDIT AGREEMENTCredit Agreement • April 18th, 2003 • Better Minerals & Aggregates Co • Mining & quarrying of nonmetallic minerals (no fuels) • New York
AMENDMENT NO. 7 AND WAIVER TO THE CREDIT AGREEMENT (this “Amendment”) among BMAC Holdings, Inc., a Delaware corporation (the “Parent Guarantor”), Better Minerals & Aggregates Company, a Delaware corporation (the “Borrower”), George F. Pettinos (Canada) Limited, a corporation organized and existing under the laws of Ontario, Canada (the “Canadian Borrower”), the banks, financial institutions and other institutional lenders party to the Credit Agreement referred to below (collectively, the “Lenders”), and BNP Paribas (formerly Banque Nationale de Paris), as the issuing bank (the “Issuing Bank”), as the swing line bank (the “Swing Line Bank”), and as agent (together with any successors appointed pursuant to Article VII of the Credit Agreement referred to below, the “Agent”) for the Lender Parties.
