EX-10.3
from 8-K
212 pages
Amendment No. 7, Dated as of January 12, 2024 (This “Amendment”), Among Summit Materials, LLC, a Delaware Limited Liability Company (The “Borrower”), the Guarantors Party Hereto, the Term B-2 Lender Party Hereto, the Amendment No. 7 Incremental Revolving Lenders Party Hereto, the Other Lenders Party Hereto and Bank of America, N.A., as Administrative Agent (The “Administrative Agent”), Collateral Agent (The “Collateral Agent”), L/C Issuer and Swing Line Lender, to the Amended and Restated Credit Agreement Dated as of July 17, 2015, Among the Borrower, the Guarantors Party Thereto, the Several Banks and Other Financial Institutions or Entities From Time to Time Parties to the Credit Agreement (The “Lenders”), the Administrative Agent, Collateral Agent, L/C Issuer and Swing Line Lender and the Other Parties Thereto (As Amended by Amendment No. 1 Dated as of January 19, 2017, Amendment No. 2 Dated as of November 21, 2017, Amendment No. 3 Dated as of May 22, 2018, Amendment No. 4 Dated as of February 25, 2019, Amendment No. 5 Dated as of December 14, 2022 and Amendment No. 6 Dated January 10, 2023 and as Further Amended, Restated, Modified and Supplemented Prior to the Date Hereof, the “Credit Agreement”; the Credit Agreement as Amended by This Amendment, the “Amended Credit Agreement”); Capitalized Terms Used and Not Otherwise Defined Herein Shall Have the Meanings Assigned to Such Terms in the Amended Credit Agreement
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EX-10.1
from 8-K
211 pages
Amendment No. 6, Dated as of January 10, 2023 (This “Amendment”), to the Amended and Restated Credit Agreement Dated as of July 17, 2015, Among Summit Materials, LLC, a Delaware Limited Liability Company (The “Borrower”), the Guarantors Party Thereto, the Several Banks and Other Financial Institutions or Entities From Time to Time Parties to the Credit Agreement (The “Lenders”), Bank of America, N.A., as Administrative Agent (The “Administrative Agent”), Collateral Agent, L/C Issuer and Swing Line Lender and the Other Parties Thereto (As Amended by Amendment No. 1 Dated as of January 19, 2017, Amendment No. 2 Dated as of November 21, 2017, Amendment No. 3 Dated as of May 22, 2018, Amendment No. 4 Dated as of February 25, 2019 and Amendment No. 5 Dated as of December 14, 2022 and as Further Amended, Restated, Modified and Supplemented From Time to Time, the “Credit Agreement”); Capitalized Terms Used and Not Otherwise Defined Herein Shall Have the Meanings Assigned to Such Terms in the Credit Agreement
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EX-10.1
from 8-K
204 pages
Amendment No. 5, Dated as of December 14, 2022 (This “Amendment”), to the Amended and Restated Credit Agreement Dated as of July 17, 2015, Among Summit Materials, LLC, a Delaware Limited Liability Company (The “Borrower”), the Guarantors Party Thereto, the Several Banks and Other Financial Institutions or Entities From Time to Time Parties to the Credit Agreement (The “Lenders”), Bank of America, N.A., as Administrative Agent (The “Administrative Agent”), Collateral Agent, L/C Issuer and Swing Line Lender and the Other Parties Thereto (As Amended by Amendment No. 1 Dated as of January 19, 2017, Amendment No. 2 Dated as of November 21, 2017, Amendment No. 3 Dated as of May 22, 2018 and Amendment No. 4 Dated as of February 25, 2019 and as Further Amended, Restated, Modified and Supplemented From Time to Time, the “Credit Agreement”); Capitalized Terms Used and Not Otherwise Defined Herein Shall Have the Meanings Assigned to Such Terms in the Credit Agreement as Amended by This Amendment. Whereas, the Borrower Desires to Replace All New Term Loans With Term B-1 Loans and to Make Certain Other Amendments to the Credit Agreement; Whereas, the Existing Revolving Lenders and Each Lender With a Converted New Term Loan Have Agreed to the Amendments Contemplated Above; Whereas, Bank of America, N.A. (In Such Capacity, the “Term B-1 Lender”) Has Agreed to Provide the Term B-1 Commitment; And
12/34/56
EX-10.1
from 8-K
23 pages
Incremental Amendment No. 4, Dated as of February 25, 2019 (This “Amendment”) to the Amended and Restated Credit Agreement Dated as of July 17, 2015, Among Summit Materials, LLC, a Delaware Limited Liability Company (The “Borrower”), the Guarantors Party Thereto, the Several Banks and Other Financial Institutions or Entities From Time to Time Parties to the Credit Agreement (The “Lenders”), Bank of America, N.A., as Administrative Agent (The “Administrative Agent”), Collateral Agent, L/C Issuer and Swing Line Lender and the Other Parties Thereto (As Amended on January 19, 2017, November 21, 2017 and May 22, 2018 and as Further Amended, Restated, Modified and Supplemented From Time to Time, the “Credit Agreement”); Capitalized Terms Used and Not Otherwise Defined Herein Shall Have the Meanings Assigned to Such Terms in the Credit Agreement
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EX-10.1
from 8-K
12 pages
Amendment No. 3, Dated as of May 22, 2018 (This “Amendment”) to the Amended and Restated Credit Agreement Dated as of July 17, 2015, Among Summit Materials, LLC, a Delaware Limited Liability Company (The “Borrower”), the Guarantors Party Thereto, the Several Banks and Other Financial Institutions or Entities From Time to Time Parties to the Credit Agreement (The “Lenders”), Bank of America, N.A., as Administrative Agent (The “Administrative Agent”), Collateral Agent, L/C Issuer and Swing Line Lender and the Other Parties Thereto (As Amended on January 19, 2017 and November 21, 2017 and as Further Amended, Restated, Modified and Supplemented From Time to Time, the “Credit Agreement”); Capitalized Terms Used and Not Otherwise Defined Herein Shall Have the Meanings Assigned to Such Terms in the Credit Agreement. Whereas, the Borrower Desires to Amend the Credit Agreement on the Terms Set Forth Herein; Whereas, Section 10.01 of the Credit Agreement Provides That the Parties Hereto May Amend the Credit Agreement for the Purposes Set Forth Herein; Now, Therefore, in Consideration of the Premises Contained Herein and for Other Good and Valuable Consideration, the Receipt and Sufficiency of Which Are Hereby Acknowledged, the Parties Hereto, Intending to Be Legally Bound Hereby, Agree as Follows: Section 1. Amendments. Part I Effective Upon Receipt by the Administrative Agent of Executed Counterparts to This Amendment From the Borrower and Lenders Constituting the Required Lenders, the Credit Agreement Is Hereby Amended as Follows: (A) the Following New Definition Is Hereby Added to Section 1.01 of the Credit Agreement: ““Amendment No. 3” Means Amendment No. 3 to This Agreement Dated as of May 22, 2018.” (B) Section 3.07(b) of the Credit Agreement Is Hereby Amended by Inserting “(X)” Immediately Before “In Connection With Amendment No. 1” in the Final Sentence Thereof and Inserting the Following to the End of Such Sentence Immediately Before “.”
12/34/56
EX-10.1
from 8-K
193 pages
Amendment No. 2, Dated as of November 21, 2017 (This “Amendment”), to the Amended and Restated Credit Agreement Dated as of July 17, 2015, Among Summit Materials, LLC, a Delaware Limited Liability Company (The “Borrower”), the Guarantors Party Thereto, the Several Banks and Other Financial Institutions or Entities From Time to Time Parties to the Credit Agreement (The “Lenders”), Bank of America, N.A., as Administrative Agent (The “Administrative Agent”), Collateral Agent, L/C Issuer and Swing Line Lender and the Other Parties Thereto (As Amended by Amendment No. 1 Dated as of January 19, 2017 and as Further Amended, Restated, Modified and Supplemented From Time to Time, the “Credit Agreement”); Capitalized Terms Used and Not Otherwise Defined Herein Shall Have the Meanings Assigned to Such Terms in the Credit Agreement as Amended by This Amendment. Whereas, the Borrower Desires to Replace All Restatement Effective Date Term Loans With New Term Loans and to Make Certain Other Amendments to the Credit Agreement; Whereas, the Required Lenders and Each Lender With a Converted Restatement Effective Date Term Loan Have Agreed to the Amendments Contemplated Above; Whereas, Bank of America, N.A. (In Such Capacity, the “New Term Lender”) Has Agreed to Provide the New Term Commitment; And
12/34/56
EX-10.1
from 8-K
13 pages
Amendment No. 1, Dated as of January 19, 2017 (This “Amendment”) to the Amended and Restated Credit Agreement Dated as of July 17, 2015, Among Summit Materials, LLC, a Delaware Limited Liability Company (The “Borrower”), the Guarantors Party Thereto, the Several Banks and Other Financial Institutions or Entities From Time to Time Parties to the Credit Agreement (The “Lenders”), Bank of America, N.A., as Administrative Agent (The “Administrative Agent”), Collateral Agent, L/C Issuer and Swing Line Lender and the Other Parties Thereto (As Amended, Restated, Modified and Supplemented From Time to Time, the “Credit Agreement”); Capitalized Terms Used and Not Otherwise Defined Herein Shall Have the Meanings Assigned to Such Terms in the Credit Agreement. Whereas, the Borrower Desires to Amend the Credit Agreement on the Terms Set Forth Herein; Whereas, Section 10.01 of the Credit Agreement Provides That the Parties Hereto May Amend the Credit Agreement for the Purposes Set Forth Herein; Now, Therefore, in Consideration of the Premises Contained Herein and for Other Good and Valuable Consideration, the Receipt and Sufficiency of Which Are Hereby Acknowledged, the Parties Hereto, Intending to Be Legally Bound Hereby, Agree as Follows: Section 1. Amendments. Part I Effective Upon Receipt by the Administrative Agent of Executed Counterparts to This Amendment From the Borrower and Lenders Constituting the Required Lenders, the Credit Agreement Is Hereby Amended as Follows: (A) the Following New Definition Is Hereby Added to Section 1.01 of the Credit Agreement: ““Amendment No. 1” Means Amendment No. 1 to This Agreement Dated as of January 19, 2017.” (B) Section 3.07(b) of the Credit Agreement Is Hereby Amended by Inserting a New Final Sentence Thereof as Follows
12/34/56
EX-10.1
from 8-K
8 pages
Amendment No. 2, Dated as of January 16, 2014 (This “Amendment”), to the Credit Agreement Dated as of January 30, 2012 and Amended as of February 5, 2013, Among Summit Materials, LLC, a Delaware Limited Liability Company (The “Borrower”), the Guarantors Party Thereto, the Several Banks and Other Financial Institutions or Entities From Time to Time Parties to the Credit Agreement (The “Lenders”), Bank of America, N.A., as Administrative Agent (The “Administrative Agent”), Collateral Agent, L/C Issuer and Swing Line Lender and the Other Parties Thereto (As Amended, Restated, Modified and Supplemented From Time to Time, the “Credit Agreement”); Capitalized Terms Used and Not Otherwise Defined Herein Shall Have the Meanings Assigned to Such Terms in the Credit Agreement. Whereas, the Borrower Desires to Amend the Credit Agreement on the Terms Set Forth Herein; Whereas, Section 10.01 of the Credit Agreement Provides That the Relevant Loan Parties and the Required Lenders May Amend the Credit Agreement and the Other Loan Documents for Certain Purposes; Now, Therefore, in Consideration of the Premises Contained Herein and for Other Good and Valuable Consideration, the Receipt and Sufficiency of Which Are Hereby Acknowledged, the Parties Hereto, Intending to Be Legally Bound Hereby, Agree as Follows: Section 1. Amendment. (A) the Following Two Definitions Shall Be Added to Section 1.01 of the Credit Agreement: “Amendment No. 2 Effective Date” Means January 16, 2014
12/34/56
EX-10.1
from S-4/A
425 pages
Credit Agreement Dated as of January 30, 2012 Among Summit Materials, LLC, as the Borrower, the Guarantors Party Hereto From Time to Time, Bank of America, N.A., as Administrative and Collateral Agent, Bank of America, N.A., as L/C Issuer and Swing Line Lender, the Other Lenders Party Hereto From Time to Time, Citigroup Global Markets Inc., as Syndication Agent, and Barclays Bank PLC and Regions Bank, as Co-Documentation Agents Bank of America, N.A., and Citigroup Global Markets Inc., as Joint Lead Arrangers, and Merrill Lynch, Pierce, Fenner & Smith Incorporated, Citigroup Global Markets Inc., Ubs Securities LLC, Barclays Capital, Credit Suisse Securities (USA) LLC and Deutsche Bank Securities Inc., as Joint Bookrunners
12/34/56
EX-10.1
from S-4
159 pages
Credit Agreement Dated as of January 30, 2012 Among Summit Materials, LLC, as the Borrower, the Guarantors Party Hereto From Time to Time, Bank of America, N.A., as Administrative and Collateral Agent, Bank of America, N.A., as L/C Issuer and Swing Line Lender, the Other Lenders Party Hereto From Time to Time, Citigroup Global Markets Inc., as Syndication Agent, and Barclays Bank PLC and Regions Bank, as Co-Documentation Agents Bank of America, N.A., and Citigroup Global Markets Inc., as Joint Lead Arrangers, and Merrill Lynch, Pierce, Fenner & Smith Incorporated, Citigroup Global Markets Inc., Ubs Securities LLC, Barclays Capital, Credit Suisse Securities (USA) LLC and Deutsche Bank Securities Inc., as Joint Bookrunners
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