Item 1.01 Entry into a Material Definitive Agreement.
Fifth Amended and Restated Credit Agreement
On
The Credit Agreement amends the terms of the Company's previous credit agreement
to, among other things, (i) provide for a revolving credit facility of
The Credit Agreement contains customary representations, warranties, covenants
and events of default consistent with the Company's previous credit agreement.
As of
Amendments to Receivables Agreements
On
The RPA Amendment, among other things, amends the parties to the RPA. After
giving effect to the RPA Amendment, the Omnibus Amendment (i) amends the RSA to,
among other things, join
The RPA Amendment and the Omnibus Amendment do not materially amend the covenants, events of default and payment terms of the Receivables Agreements, which remain substantially the same following such amendments. The foregoing description of each of the RPA Amendment and the Omnibus Amendment does not purport to be complete and is qualified in its entirety by reference to the full text of the RPA Amendment and the Omnibus Amendment, respectively, copies of which are filed as Exhibits 10.2 and 10.3, respectively, to this Current Report on Form 8-K and are incorporated by reference herein.
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Item 9.01 Financial Statements and Exhibits.
(d) Exhibits 10.1 Fifth Amended and Restated Credit Agreement, datedMarch 31, 2021 , by and amongCommercial Metals Company , CMC International Finance, a société à responsabilité limitée,Bank of America, N.A ., as Administrative Agent, SwingLine Lender and L/C Issuer,Wells Fargo Bank, National Association ,Citibank, N.A . andPNC Bank, National Association as Co-Syndication Agents, the lenders from time to time party thereto,BOFA Securities, Inc. ,Wells Fargo Bank, National Association, PNC Bank, National Association andCitibank, N.A . as Joint Lead Arrangers and Joint Book Runners. 10.2 Amendment No. 9 to Receivables Purchase Agreement, datedApril 1, 2021 , by and amongCommercial Metals Company ,CMC Receivables, Inc. ,Wells Fargo Bank, N.A. , Coöperatieve Rabobank U.A, andNieuw Amsterdam Receivables Corporation B.V. 10.3 Omnibus Amendment No. 4 (First Amendment and Restatement of each of the Receivables Purchase Agreement, the Receivables Sale Agreement and the Performance Undertaking), datedApril 1, 2021 , by and amongCommercial Metals Company ,Structural Metals, Inc. ,CMC Steel Fabricators, Inc. ,SMI Steel LLC ,Owen Electric Steel Company of South Carolina ,AHT, Inc. ,CMC Steel Oklahoma, LLC ,CMC Steel US, LLC , TAMCO,CMC Post Oklahoma, LLC ,CMC Receivables, Inc. ,Wells Fargo Bank, N.A. , andTruist Bank . 104 Cover Page Interactive Data File (embedded within the Inline XBRL document)
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