Exhibit 4.28L
AMENDMENT NO. 4
AMENDMENT NO. 4 (this “
Amendment ”), dated as of June 25, 2008, to the
Amended and Restated Loan and Security Agreement, dated as of
December 1, 2005 (as amended, supplemented and in effect from
time to time, the “ Loan Agreement ”;
capitalized terms used herein and not defined herein shall have the
meaning set forth in the Loan Agreement) by and among Credit
Suisse, as administrative agent for the LC Facility, Bank of
America, N.A., as administrative agent for the Revolving Facility
and syndication agent for the LC Facility, Banc of America
Securities LLC (“ BAS ”), as sole arranger under
the Revolving Facility, Credit Suisse, as sole bookrunner under the
LC Facility, Credit Suisse and BAS, as joint lead arrangers under
the LC Facility, Clean Harbors, Inc., a Massachusetts
corporation (“ Parent ”), the Canadian
Borrowers, and each of the other Subsidiaries of Parent from time
to time a party thereto (each such Subsidiary, together with Parent
and Canadian Borrowers, a “ Credit Party ” and,
collectively, “ Credit Parties ”).
W I T N E S
S E T H :
WHEREAS, subsection 11.3 of the Loan
Agreement permits the Loan Agreement to be amended from time to
time;
WHEREAS, the Loan Agreement is being
amended at the request of the Borrowers;
NOW, THEREFORE, in consideration of
the foregoing, and for other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the
parties hereto hereby agree as follows:
Section 1.
Amendments .
(a)
The following defined terms shall be added to Section 1 of the
Loan Agreement:
“ Amendment No. 4
” shall mean Amendment No. 4 to this Agreement, dated as
of June 25, 2008.
“ Amendment No. 4
Effective Date ” shall mean the first Business Day on
which all conditions precedent set forth in Section 2 of
Amendment No. 4 are satisfied.
(b)
Section 9.20 of the Loan Agreement is hereby amended by
deleting Section 9.20 in its entirety and replacing it with
the following:
