EXHIBIT 4.3 AMENDMENT NO. 1 TO INTERCREDITOR AGREEMENTIntercreditor Agreement |
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EARLE M. JORGENSEN COMPANY, | RSAC MANAGEMENT CORP | THE BANK OF NEW YORK TRUST COMPANY, N.A. RealDealDocs™ contains millions of easily searchable legal documents and clauses from top law firms. Search for free - click here. |
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Exhibit 4.3
AMENDMENT NO. 1
TO
INTERCREDITOR AGREEMENT
by and among
EARLE M. JORGENSEN COMPANY,
RSAC MANAGEMENT CORP.
And
THE BANK OF NEW YORK TRUST COMPANY, N.A.
(as successor to The Bank of New York), as Trustee
Dated as of October 26, 2006
AMENDMENT NO. 1 TO INTERCREDITOR AGREEMENT
This
AMENDMENT NO. 1 TO INTERCREDITOR AGREEMENT (this “Amendment”)
dated as of October 26, 2006 by and among Earle M. Jorgensen, a Delaware
corporation (the “Company”), The Bank of New York Trust
Company, N.A., a national banking association, as successor trustee (the
“Trustee”) under the Indenture referred to below and RSAC
Management Corp. (“Management”), in its capacity as Revolver
Agent for itself and Reliance Steel & Aluminum Co. (“Reliance”),
amends certain provisions of the Intercreditor Agreement dated as of
May 22, 2002 by and among the Company, the Bank of New York, as trustee,
and the Deutsche Bank Trust Company Americas (“DBTC”), in
its capacity as agent for itself and any other Revolver Lender (the “Intercreditor
Agreement”).
RECITALS
A. WHEREAS,
the Company’s predecessor has heretofore executed and delivered to The
Bank of New York, the Trustee’s predecessor, an Indenture (as amended,
supplemented or otherwise modified, the “Indenture”) dated
as of May 22, 2002, providing for the issuance of the Company’s 93/4% Senior
Secured Notes due 2012 (the “Notes”), initially in the
aggregate principal amount of up to $250,000,000.
B. WHEREAS,
DBTC, Reliance and Management entered into an Assignment and Assumption
Agreement dated April 3, 2006 under which DBTC irrevocably assigned to
Management all of DBTC’s rights and delegated to Management all of
DBTC’s obligations under the Intercreditor Agreement and Management
accepted all of DBTC’s rights and assumed all of DBTC’s obligations
under the Intercreditor Agreement.
C. WHEREAS, pursuant to and in accordance with Section 1002 of the Indenture, the Company has obtained, on or prior to the date






