0001193125-09-239233 Sample Contracts

INTERCREDITOR AGREEMENT
Intercreditor Agreement • November 20th, 2009 • Headwaters Inc • Miscellaneous products of petroleum & coal • New York

This INTERCREDITOR AGREEMENT is dated as of October 27, 2009, and entered into by and between BANK OF AMERICA, N.A. a national banking association, in its capacity as agent under the Revolving Loan Documents (as defined below), including its successors and assigns in such capacity from time to time (“Revolving Agent”), and WILMINGTON TRUST FSB, in its capacity as collateral agent under the Indenture and Notes Collateral Documents (as defined below), including its successors and assigns in such capacity from time to time (“Notes Collateral Agent”).

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