FIRST AMENDMENT AND WAIVER OF FINANCING AGREEMENTFirst Amendment and Waiver of Financing Agreement • August 9th, 2005 • Modtech Holdings Inc • Prefabricated wood bldgs & components • New York
THIS FIRST AMENDMENT AND WAIVER OF THE FINANCING AGREEMENT, dated as of August 5, 2005 (this “Amendment and Waiver”), is by and among each of the lenders that from time to time is a party hereto (such lenders, each individually a “Lender” and collectively, the “Lenders”), Fortress Credit Corp., as administrative agent for the Lenders (in such capacity, together with its successors and assigns, if any, for the benefit of the Agents and the Lenders in such capacity, the “Administrative Agent”), Fortress Credit Corp., as collateral agent (in such capacity, together with its successors and assigns, if any, in such capacity, the “Collateral Agent”, and together with the Administrative Agent, each an “Agent” and collectively the “Agents”) and Modtech Holdings, Inc., a Delaware corporation (the “Parent” or “Borrower”).
