AMENDMENT NO. 1
Exhibit 10.1
CONFORMED COPY
AMENDMENT NO. 1
THIS AMENDMENT NO. 1 (the “Amendment”) is being executed and delivered as of October 14, 2011, by and among Chicago Bridge and Iron Company N.V., a corporation organized under the laws of the Kingdom of the Netherlands (the “Company”), certain Subsidiaries party to the hereinafter identified and defined Credit Agreement, as borrowers (the “Subsidiary Borrowers” and together with the Company, the “Borrowers”), JPMorgan Chase Bank, National Association as administrative agent (the “Administrative Agent”) under said Credit Agreement, and the Required Lenders party hereto. All capitalized terms used herein without definition shall have the same meanings as set forth in the Credit Agreement.
W I T N E S S E T H:
WHEREAS, the Company, the Subsidiary Borrowers, the Lenders and the Administrative Agent are currently parties to that certain Third Amended and Restated Credit Agreement dated as of July 23, 2010 (as the same may be amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”);
WHEREAS, the Borrowers have requested the Lenders to amend the Credit Agreement in certain respects;
WHEREAS, the Required Lenders have agreed to amend the Credit Agreement on the terms and conditions set forth in Section 1 hereof.
NOW, THEREFORE, in consideration of the foregoing premises, the terms and conditions stated herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Borrowers and the Lenders, such parties hereby agree as follows:
1. Amendment. Effective as of the date first written above upon the satisfaction of the conditions set forth in paragraph 2 below, Section 7.3(S) of the Credit Agreement is hereby amended by deleting the reference to “$100,000,000” set forth therein and replacing such reference with “$200,000,000”.
2. Conditions of Effectiveness. The effectiveness of this Amendment is subject to the conditions precedent that the Administrative Agent shall have received (i) counterparts of this Amendment duly executed and delivered by the Company, the Subsidiary Borrowers and the Required Lenders and executed counterparts of the Reaffirmation attached hereto duly executed and delivered by the Subsidiary Guarantors, (ii) for the account of each Lender that executes and delivers its counterpart hereto as and by such time as is requested by the Administrative Agent, an amendment fee in the amount previously disclosed to the Lenders (it being understood that no Lender shall be entitled to an amendment fee hereunder if such Lender is also paid an amendment fee pursuant to the amendment to the Term Loan Agreement dated as of the date hereof) and (iii) payment and/or reimbursement of its and its affiliates’ fees and expenses (including reasonable out-of-pocket fees and expenses of counsel) in connection herewith.
3. Representation and Warranties. Each Borrower hereby represents and warrants that (i) all of the representations and warranties contained in Article VI of the Credit Agreement, as amended hereby, are true and correct and (ii) no Default or Unmatured Default is in effect.
4. No Implicit Waiver. Except as expressly set forth herein, (i) the execution, delivery and effectiveness of this Amendment shall neither operate as a waiver of any rights, power or remedy of the Administrative Agent or the Lenders under the Credit Agreement or any other documents executed in connection with the Credit Agreement, nor constitute a waiver of any provision of the Credit Agreement nor any other document executed in connection therewith and (ii) the Credit Agreement shall remain in full force and effect in accordance with their original terms.
5. Reference to Credit Agreement. Upon the effectiveness of this Amendment, each reference in the Credit Agreement or any other Loan Document to “this Agreement,” “hereunder,” or words of like or similar import shall mean and be reference to the Credit Agreement, as amended and modified by this Amendment.
6. GOVERNING LAW. THE ADMINISTRATIVE AGENT ACCEPTS THIS AMENDMENT, ON BEHALF OF ITSELF AND THE LENDERS, AT CHICAGO, ILLINOIS BY ACKNOWLEDGING AND AGREEING TO IT THERE. ANY DISPUTE BETWEEN THE COMPANY OR ANY BORROWER AND THE ADMINISTRATIVE AGENT OR ANY LENDER ARISING OUT OF, CONNECTED WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED BETWEEN THEM IN CONNECTION WITH, THIS AMENDMENT, THE CREDIT AGREEMENT OR ANY OF THE OTHER LOAN DOCUMENTS, AND WHETHER ARISING IN CONTRACT, TORT, EQUITY, OR OTHERWISE, SHALL BE RESOLVED IN ACCORDANCE WITH THE INTERNAL LAWS (INCLUDING §735 ILCS 105/5-1 ET SEQ. BUT OTHERWISE WITHOUT REGARD TO THE CONFLICTS OF LAWS PROVISIONS) OF THE STATE OF ILLINOIS.
7. Counterparts. This Amendment may be executed in any number of counterparts by the parties hereto, each of which counterparts when so executed shall be an original, but all the counterparts shall together constitute one and the same agreement. The parties hereto agree that delivery of an executed counterpart of a signature page to this Amendment by facsimile shall be effective as delivery of an original executed counterpart of this Amendment.
[Signature Pages Follow]
2
IN WITNESS WHEREOF, this Amendment has been duly executed as of the day and year first above written.
| CHICAGO BRIDGE & IRON COMPANY N.V., as the Company | ||
| By: CHICAGO BRIDGE & IRON COMPANY B.V. | ||
| Its: Managing Director | ||
| By: | /s/ Ronald A. Ballschmiede | |
| Name: | Ronald A. Ballschmiede | |
| Title: | Managing Director | |
| CB&I INC., as a Subsidiary Borrower | ||
| By: | /s/ Luciano Reyes | |
| Name: | Luciano Reyes | |
| Title: | Treasurer | |
| CBI SERVICES, INC., as a Subsidiary Borrower | ||
| By: | /s/ Terrence G. Browne | |
| Name: | Terrence G. Browne | |
| Title: | Treasurer | |
| CHICAGO BRIDGE & IRON COMPANY (DELAWARE), as a Subsidiary Borrower | ||
| By: | /s/ Luciano Reyes | |
| Name: | Luciano Reyes | |
| Title: | Treasurer | |
| CB&I TYLER COMPANY, as a Subsidiary Borrower | ||
| By: | /s/ Luciano Reyes | |
| Name: | Luciano Reyes | |
| Title: | Treasurer | |
Signature Page to Amendment No. 1 to
Chicago Bridge & Iron Company N.V. et al
Third Amended and Restated Credit Agreement dated as of July 23, 2010
| CHICAGO BRIDGE & IRON COMPANY B.V., as a Subsidiary Borrower | ||
| By: | /s/ Ronald A. Ballschmiede | |
| Name: | Ronald A. Ballschmiede | |
| Title: | Managing Director | |
| CHICAGO BRIDGE & IRON COMPANY, as a Subsidiary Borrower | ||
| By: | /s/ Luciano Reyes | |
| Name: | Luciano Reyes | |
| Title: | Treasurer | |
Signature Page to Amendment No. 1 to
Chicago Bridge & Iron Company N.V. et al
Third Amended and Restated Credit Agreement dated as of July 23, 2010
| JPMORGAN CHASE BANK, N.A., as Administrative Agent and as a Lender | ||
| By: | /s/ Darren Vanek | |
| Name: | Darren Vanek | |
| Title: | Vice President | |
| BANK OF AMERICA, N.A., as a Lender | ||
| By: | /s/ Matthew Griesbach | |
| Name: | Matthew Griesbach | |
| Title: | Director | |
| BNP PARIBAS, as a Lender | ||
| By: | /s/ Jamie Dillon | |
| Name: | Jamie Dillon | |
| Title: | Managing Director | |
| By: | /s/ Mary-Ann Wong | |
| Name: | Mary-Ann Wong | |
| Title: | Vice President | |
Signature Page to Amendment No. 1 to
Chicago Bridge & Iron Company N.V. et al
Third Amended and Restated Credit Agreement dated as of July 23, 2010
| THE ROYAL BANK OF SCOTLAND PLC, as a Lender | ||
| By: | /s/ Brian D. Williams | |
| Name: | Brian D. Williams | |
| Title: | Authorized Signatory | |
| WELLS FARGO BANK, N.A., as a Lender | ||
| By: | /s/ Thomas F. Caver, III | |
| Name: | Thomas F. Caver, III | |
| Title: | Senior Vice President | |
| CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK, as a Lender | ||
| By: | /s/ Page Dillehunt | |
| Name: | Page Dillehunt | |
| Title: | Managing Director | |
| By: | /s/ Sharada Manne | |
| Name: | Sharada Manne | |
| Title: | Director | |
Signature Page to Amendment No. 1 to
Chicago Bridge & Iron Company N.V. et al
Third Amended and Restated Credit Agreement dated as of July 23, 2010
| COMPASS BANK, as a Lender | ||
| By: | /s/ Susana Campuzano | |
| Name: | Susana Campuzano | |
| Title: | Vice President | |
| U.S. BANK NATIONAL ASSOCIATION, as a Lender | ||
| By: | /s/ Patrick Engel | |
| Name: | Patrick Engel | |
| Title: | Vice President | |
| ING BANK N.V., as a Lender | ||
| By: | /s/ R.W.J. Rijpstra | |
| Name: | R.W.J. Rijpstra | |
| Title: | Director | |
| By: | /s/ E.C. Streng | |
| Name: | E.C. Streng | |
| Title: | Director | |
Signature Page to Amendment No. 1 to
Chicago Bridge & Iron Company N.V. et al
Third Amended and Restated Credit Agreement dated as of July 23, 2010
| BANK OF MONTREAL, as a Lender | ||
| By: | /s/ John Armstrong | |
| Name: | John Armstrong | |
| Title: | Director | |
| UBS AG, STAMFORD BRANCH, as a Lender | ||
| By: | /s/ Irja R. Otsa | |
| Name: | Irja R. Otsa | |
| Title: Associate Director, Banking Products Services, US | ||
| By: | /s/ Christopher Gomes | |
| Name: | Christopher Gomes | |
| Title: Associate Director, Banking Products Services, US | ||
| SUMITOMO MITSUI BANKING CORPORATION, as a Lender | ||
| By: | /s/ Shuji Yabe | |
| Name: | Shuji Yabe | |
| Title: | Managing Director | |
Signature Page to Amendment No. 1 to
Chicago Bridge & Iron Company N.V. et al
Third Amended and Restated Credit Agreement dated as of July 23, 2010
| RIYAD BANK, HOUSTON AGENCY, as a Lender | ||
| By: | /s/ William B. Shepard | |
| Name: | William B. Shepard | |
| Title: | General Manager | |
| By: | /s/ Paul N. Travis | |
| Name: | Paul N. Travis | |
| Title: | Vice President & Head of Corporate Finance | |
| CAPITAL ONE BANK, N.A., as a Lender | ||
| By: | /s/ Keith Morton | |
| Name: | Keith Morton | |
| Title: | Vice President | |
| ABU DHABI INTERNATIONAL BANK INC., as a Lender | ||
| By: | /s/ David J. Young | |
| Name: | David J. Young | |
| Title: | Vice President | |
| By: | /s/ Nagy S. Kolta | |
| Name: | Nagy S. Kolta | |
| Title: | Executive Vice President | |
Signature Page to Amendment No. 1 to
Chicago Bridge & Iron Company N.V. et al
Third Amended and Restated Credit Agreement dated as of July 23, 2010
| THE NORTHERN TRUST COMPANY, as a Lender | ||
| By: | /s/ Keith L. Burson | |
| Name: | Keith L. Burson | |
| Title: | Vice President | |
| STANDARD CHARTERED BANK, as a Lender | ||
| By: | /s/ James P. Hughes | |
| Name: | James P. Hughes | |
| Title: | Director | |
| By: | /s/ Robert K. Reddington | |
| Name: | Robert K. Reddington | |
| Title: | Credit Documentation Manager | |
| Credit Documentation Unit, WB Legal-Americas | ||
| AMEGY BANK NATIONAL ASSOCIATION, as a Lender | ||
| By: | /s/ Jill S. Vaughan | |
| Name: | Jill S. Vaughan | |
| Title: | Executive Vice President | |
Signature Page to Amendment No. 1 to
Chicago Bridge & Iron Company N.V. et al
Third Amended and Restated Credit Agreement dated as of July 23, 2010
| BOKF, N.A. dba Bank of Texas, as a Lender | ||
| By: | /s/ Marian Livingston | |
| Name: | Marian Livingston | |
| Title: | Senior Vice President | |
| HSBC BANK USA, NATIONAL ASSOCIATION, as a Lender | ||
| By: | /s/ BC Robinson | |
| Name: | Bruce Robinson | |
| Title: | Vice President | |
| COMMERZBANK AG, NEW YORK AND GRAND CAYMAN BRANCHES, as a Lender | ||
| By: | /s/ Michael Weinert | |
| Name: | Michael Weinert | |
| Title: | Assistant Vice President | |
| By: | /s/ Sandy Bali | |
| Name: | Sandy Bali | |
| Title: | Associate | |
Signature Page to Amendment No. 1 to
Chicago Bridge & Iron Company N.V. et al
Third Amended and Restated Credit Agreement dated as of July 23, 2010
| COMERICA BANK, as a Lender | ||
| By: | /s/ Joey Powell | |
| Name: | Joey Powell | |
| Title: | Vice President | |
| ARAB BANKING CORPORATION, as a Lender | ||
| By: | /s/ Robert J. Ivosevich | |
| Name: | Robert J. Ivosevich | |
| Title: | General Manager | |
| By: | /s/ T.E. Fitzherbert | |
| Name: | T.E. Fitzherbert | |
| Title: | Vice President | |
Signature Page to Amendment No. 1 to
Chicago Bridge & Iron Company N.V. et al
Third Amended and Restated Credit Agreement dated as of July 23, 2010
REAFFIRMATION
Each of the undersigned hereby acknowledges receipt of a copy of the foregoing Amendment No. 1 in connection with that certain Third Amended and Restated Credit Agreement dated as of July 23, 2010 (as the same may be amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”) by and among Chicago Bridge and Iron Company N.V. (the “Company”), certain Subsidiaries of the Company party thereto as borrowers (the “Subsidiary Borrowers”), JPMorgan Chase Bank, National Association as administrative agent (the “Administrative Agent”) under the Credit Agreement and the lenders party to said Credit Agreement, which Amendment No. 1 is dated as of October 14, 2011 (the “Amendment”). Capitalized terms used in this Reaffirmation and not defined herein shall have the meanings given to them in the Credit Agreement. Without in any way establishing a course of dealing by the Administrative Agent or any Lender, each of the undersigned consents to the Amendment and reaffirms the terms and conditions of the Guaranty and any other Loan Document executed by it and acknowledges and agrees that such agreement and each and every such Loan Document executed by the undersigned in connection with the Credit Agreement remains in full force and effect and is hereby reaffirmed, ratified and confirmed. All references to the Credit Agreement contained in the above-referenced documents shall be a reference to the Credit Agreement as so modified by the Amendment and as the same may from time to time hereafter be amended, modified or restated.
[signature pages follow]
Signature Page to Amendment No. 1 to
Chicago Bridge & Iron Company N.V. et al
Third Amended and Restated Credit Agreement dated as of July 23, 2010
| CHICAGO BRIDGE & IRON COMPANY a Delaware corporation | ||
| By: | /s/ Luciano Reyes | |
| Name: | Luciano Reyes | |
| Title: | Vice President and Treasurer | |
| CHICAGO BRIDGE & IRON COMPANY (DELAWARE) | ||
| By: | /s/ Luciano Reyes | |
| Name: | Luciano Reyes | |
| Title: | Treasurer | |
| CB&I TYLER COMPANY | ||
| By: | /s/ Luciano Reyes | |
| Name: | Luciano Reyes | |
| Title: | Treasurer | |
| CB&I INC. | ||
| By: | /s/ Luciano Reyes | |
| Name: | Luciano Reyes | |
| Title: | Treasurer | |
| CHICAGO BRIDGE & IRON COMPANY an Illinois corporation | ||
| By: | /s/ Luciano Reyes | |
| Name: | Luciano Reyes | |
| Title: | Treasurer | |
| A&B BUILDERS, LTD. | ||
| By: | /s/ Luciano Reyes | |
| Name: | Luciano Reyes | |
| Title: | Treasurer | |
| ASIA PACIFIC SUPPLY COMPANY | ||
| By: | /s/ Luciano Reyes | |
| Name: | Luciano Reyes | |
| Title: | Treasurer | |
| CBI AMERICAS LTD. | ||
| By: | /s/ Luciano Reyes | |
| Name: | Luciano Reyes | |
| Title: | Treasurer | |
Signature Page to Amendment No. 1 to
Chicago Bridge & Iron Company N.V. et al
Third Amended and Restated Credit Agreement dated as of July 23, 2010
| CSA TRADING COMPANY, LTD. | ||
| By: | /s/ Luciano Reyes | |
| Name: | Luciano Reyes | |
| Title: | Treasurer | |
| CB&I WOODLANDS L.L.C. | ||
| By: | /s/ Luciano Reyes | |
| Name: | Luciano Reyes | |
| Title: | Treasurer | |
| CBI COMPANY LTD. | ||
| By: | /s/ Luciano Reyes | |
| Name: | Luciano Reyes | |
| Title: | Treasurer | |
| CENTRAL TRADING COMPANY, LTD. | ||
| By: | /s/ Luciano Reyes | |
| Name: | Luciano Reyes | |
| Title: | Treasurer | |
| CONSTRUCTORS INTERNATIONAL, L.L.C. | ||
| By: | /s/ Luciano Reyes | |
| Name: | Luciano Reyes | |
| Title: | Treasurer | |
| HBI HOLDINGS, L.L.C. | ||
| By: | /s/ Luciano Reyes | |
| Name: | Luciano Reyes | |
| Title: | Treasurer | |
| HOWE-BAKER INTERNATIONAL, L.L.C. | ||
| By: | /s/ Luciano Reyes | |
| Name: | Luciano Reyes | |
| Title: | Treasurer | |
| HOWE-BAKER ENGINEERS, LTD. | ||
| By: | /s/ Luciano Reyes | |
| Name: | Luciano Reyes | |
| Title: | Treasurer | |
Signature Page to Amendment No. 1 to
Chicago Bridge & Iron Company N.V. et al
Third Amended and Restated Credit Agreement dated as of July 23, 2010
| HOWE-BAKER HOLDINGS, L.L.C. | ||
| By: | /s/ Luciano Reyes | |
| Name: | Luciano Reyes | |
| Title: | Treasurer | |
| HOWE-BAKER MANAGEMENT, L.L.C. | ||
| By: | /s/ Luciano Reyes | |
| Name: | Luciano Reyes | |
| Title: | Treasurer | |
| HOWE-BAKER INTERNATIONAL MANAGEMENT, L.L.C. | ||
| By: | /s/ Luciano Reyes | |
| Name: | Luciano Reyes | |
| Title: | Treasurer | |
| MATRIX ENGINEERING, LTD. | ||
| By: | /s/ Luciano Reyes | |
| Name: | Luciano Reyes | |
| Title: | Treasurer | |
| MATRIX MANAGEMENT SERVICES, L.L.C. | ||
| By: | /s/ Luciano Reyes | |
| Name: | Luciano Reyes | |
| Title: | Treasurer | |
| OCEANIC CONTRACTORS, INC. | ||
| By: | /s/ Luciano Reyes | |
| Name: | Luciano Reyes | |
| Title: | Treasurer | |
Signature Page to Amendment No. 1 to
Chicago Bridge & Iron Company N.V. et al
Third Amended and Restated Credit Agreement dated as of July 23, 2010
| CBI VENEZOLANA, S.A. | ||
| By: | /s/ Kenneth L. Schmidt | |
| Name: | Kenneth L. Schmidt | |
| Title: | President | |
| CBI MONTAJES DE CHILE LIMITADA | ||
| By: | /s/ Kenneth L. Schmidt | |
| Name: | Kenneth L. Schmidt | |
| Title: | Legal Representative | |
| CBI CONSTRUCCIONES S.A. | ||
| By: | /s/ Kenneth L. Schmidt | |
| Name: | Kenneth L. Schmidt | |
| Title: | Alternate Director | |
Signature Page to Amendment No. 1 to
Chicago Bridge & Iron Company N.V. et al
Third Amended and Restated Credit Agreement dated as of July 23, 2010
| CB&I EUROPE B.V. | ||
| By: | /s/ Raymond Buckley | |
| Name: | Raymond Buckley | |
| Title: | Managing Director | |
| CBI EASTERN ANSTALT | ||
| By: | /s/ Raymond Buckley | |
| Name: | Raymond Buckley | |
| Title: | Director | |
| CBI LUXEMBOURG S.a.r.L. | ||
| By: | /s/ Raymond Buckley | |
| Name: | Raymond Buckley | |
| Title: | Director | |
| CMP HOLDINGS B.V. | ||
| By: | /s/ Raymond Buckley | |
| Name: | Raymond Buckley | |
| Title: | Director | |
Signature Page to Amendment No. 1 to
Chicago Bridge & Iron Company N.V. et al
Third Amended and Restated Credit Agreement dated as of July 23, 2010
| CBI CONSTRUCTORS PTY. LTD. | ||
| By: | /s/ Geoffrey Ronald Loft | |
| Name: | Geoffrey Ronald Loft | |
| Title: | Director | |
| CBI ENGINEERING CONSULTANT (SHANGHAI) CO. LTD. | ||
| By: | /s/ Geoffrey Ronald Loft | |
| Name: | Geoffrey Ronald Loft | |
| Title: | Executive Director | |
| CBI (PHILIPPINES), INC. | ||
| By: | /s/ Geoffrey Ronald Loft | |
| Name: | Geoffrey Ronald Loft | |
| Title: | Treasurer | |
| CBI OVERSEAS, LLC | ||
| By: | /s/ Geoffrey Ronald Loft | |
| Name: | Geoffrey Ronald Loft | |
| Title: | Director | |
| CBI CONSTRUCTORS (PNG) PTY. LIMITED | ||
| By: | /s/ Ross Adame | |
| Name: | Ross Adame | |
| Title: | Director | |
Signature Page to Amendment No. 1 to
Chicago Bridge & Iron Company N.V. et al
Third Amended and Restated Credit Agreement dated as of July 23, 2010
| CBI CONSTRUCTORS LIMITED | ||
| By: | /s/ Kevin Forder | |
| Name: | Kevin Forder | |
| Title: | Director | |
| CBI HOLDINGS (U.K.) LIMITED | ||
| By: | /s/ Kevin Forder | |
| Name: | Kevin Forder | |
| Title: | Director | |
| CB&I UK LIMITED | ||
| By: | /s/ Kevin Forder | |
| Name: | Kevin Forder | |
| Title: | Director | |
| CB&I LUMMUS CREST LTD. | ||
| By: | /s/ L.T.M. Kester | |
| Name: | L.T.M. Kester | |
| Title: | Managing Director | |
| CB&I LUMMUS MALTA LIMITED | ||
| By: | /s/ L.T.M. Kester | |
| Name: | L.T.M. Kester | |
| Title: | Director | |
| LUTECH RESOURCES LIMITED | ||
| By: | /s/ L.T.M. Kester | |
| Name: | L.T.M. Kester | |
| Title: | Director | |
| NETHERLANDS OPERATING COMPANY B.V. | ||
| By: | /s/ Imre A. Csoti | |
| Name: | Imre A. Csoti | |
| Title: | Director | |
| CB&I LUMMUS B.V. | ||
| By: | /s/ Imre A. Csoti | |
| Name: | Imre A. Csoti | |
| Title: | Director | |
Signature Page to Amendment No. 1 to
Chicago Bridge & Iron Company N.V. et al
Third Amended and Restated Credit Agreement dated as of July 23, 2010
| ARABIAN GULF MATERIAL SUPPLY COMPANY, LTD. | ||
| By: | /s/ Peter K. Bennett | |
| Name: | Peter K. Bennett | |
| Title: | Director | |
| PACIFIC RIM MATERIAL SUPPLY COMPANY, LTD. | ||
| By: | /s/ Peter K. Bennett | |
| Name: | Peter K. Bennett | |
| Title: | Director | |
| SOUTHERN TROPIC MATERIAL SUPPLY COMPANY, LTD. | ||
| By: | /s/ Peter K. Bennett | |
| Name: | Peter K. Bennett | |
| Title: | Director | |
| CHICAGO BRIDGE & IRON (ANTILLES) N.V. | ||
| By: | /s/ Peter K. Bennett | |
| Name: | Peter K. Bennett | |
| Title: | Managing Director | |
Signature Page to Amendment No. 1 to
Chicago Bridge & Iron Company N.V. et al
Third Amended and Restated Credit Agreement dated as of July 23, 2010
| LUMMUS TECHNOLOGY HEAT TRANSFER B.V. | ||
| By: | /s/ Ronald A. Ballschmiede | |
| Name: | Ronald A. Ballschmiede | |
| Title: | Director | |
| LEALAND FINANCE COMPANY B.V. | ||
| By: | /s/ Ronald A. Ballschmiede | |
| Name: | Ronald A. Ballschmiede | |
| Title: | Managing Director | |
| CB&I LUMMUS PTE LTD. | ||
| By: | /s/ Ronald A. Ballschmiede | |
| Name: | Ronald A. Ballschmiede | |
| Title: | Director | |
| CB&I OIL & GAS EUROPE B.V. | ||
| By: | /s/ Ronald A. Ballschmiede | |
| Name: | Ronald A. Ballschmiede | |
| Title: | Director | |
| CBI COLOMBIANA S.A. | ||
| By: | /s/ Ronald A. Ballschmiede | |
| Name: | Ronald A. Ballschmiede | |
| Title: | Director | |
| CHICAGO BRIDGE & IRON COMPANY B.V. | ||
| By: | /s/ Ronald A. Ballschmiede | |
| Name: | Ronald A. Ballschmiede | |
| Title: | Managing Director | |
Signature Page to Amendment No. 1 to
Chicago Bridge & Iron Company N.V. et al
Third Amended and Restated Credit Agreement dated as of July 23, 2010
| CB&I LUMMUS GLOBAL INTERNATIONAL CORPORATION | ||
| By: | /s/ John R. Albanese, Jr. | |
| Name: | John R. Albanese, Jr. | |
| Title: | Vice President - Finance & Treasurer | |
| HUA LU ENGINEERING CO., LTD. | ||
| By: | /s/ John R. Albanese, Jr. | |
| Name: | John R. Albanese, Jr. | |
| Title: | Director | |
| LUMMUS CATALYST COMPANY LTD. | ||
| By: | /s/ John R. Albanese, Jr. | |
| Name: | John R. Albanese, Jr. | |
| Title: | Vice President & Treasurer | |
| CB&I LUMMUS GLOBAL OVERSEAS CORPORATION | ||
| By: | /s/ John R. Albanese, Jr. | |
| Name: | John R. Albanese, Jr. | |
| Title: | Vice President & Treasurer | |
| CATALYTIC DISTILLATION TECHNOLOGIES (CDTECH) a Texas general partnership | ||
| By: | /s/ John R. Albanese, Jr. | |
| Name: | John R. Albanese, Jr. | |
| Title: | Management Committee Member | |
| LUMMUS TECHNOLOGY INC. | ||
| By: | /s/ John R. Albanese, Jr. | |
| Name: | John R. Albanese, Jr. | |
| Title: | Senior Vice President, Chief Financial Officer, & Treasurer | |
Signature Page to Amendment No. 1 to
Chicago Bridge & Iron Company N.V. et al
Third Amended and Restated Credit Agreement dated as of July 23, 2010
| CBI SERVICES, INC. | ||
| By: | /s/ Terrence G. Browne | |
| Name: | Terrence G. Browne | |
| Title: | Treasurer | |
| WOODLANDS INTERNATIONAL INSURANCE COMPANY LIMITED | ||
| By: | /s/ Robert Havlick | |
| Name: | Robert Havlick | |
| Title: | Director | |
| CB&I FINANCE COMPANY LIMITED | ||
| By: | /s/ Travis L. Stricker | |
| Name: | Travis L. Stricker | |
| Title: | Director | |
| CBI HUNGARY HOLDING LIMITED LIABILITY COMPANY | ||
| By: | /s/ Sergio M. Lopez | |
| Name: | Sergio M. Lopez | |
| Title: | Managing Director | |
Signature Page to Amendment No. 1 to
Chicago Bridge & Iron Company N.V. et al
Third Amended and Restated Credit Agreement dated as of July 23, 2010
| LUMMUS NOVOLEN TECHNOLOGY GMBH | ||
| By: | /s/ Godofredo Follmer | |
| Name: | Godofredo Follmer | |
| Title: | Managing Director | |
| CB&I LUMMUS GMBH | ||
| By: | /s/ Andreas Schwarzhaupt | |
| Name: | Andreas Schwarzhaupt | |
| Title: | Director | |
| CB&I LUMMUS S.R.O. | ||
| By: | /s/ Hynek Jicinsky | |
| Name: | Hynek Jicinsky | |
| Title: | Managing Director | |
| CBI PERUANA S.A.C. | ||
| By: | /s/ Peter Rano | |
| Name: | Peter Rano | |
| Title: | General Manager | |
| HORTON CBI LIMITED | ||
| By: | /s/ Marc R. Beauregard | |
| Name: | Marc R. Beauregard | |
| Title: | President | |
Signature Page to Amendment No. 1 to
Chicago Bridge & Iron Company N.V. et al
Third Amended and Restated Credit Agreement dated as of July 23, 2010
