IN AND FOR
THE DISTRICT OF TULSA COUNTY
7.13 WAIVER OF JURY TRIAL.
EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES, TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY
JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING
TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT OR THE TRANSACTIONS CONTEMPLATED
HEREBY OR THEREBY (WHETHER BASED ON CONTRACT, TORT
14
OR ANY OTHER THEORY).
EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE,
SECURED PARTY OR ATTORNEY OF ANY OTHER PERSON HAS REPRESENTED, EXPRESSLY OR
OTHERWISE, THAT SUCH OTHER PERSON WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO
ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES
HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT AND THE OTHER LOAN
DOCUMENTS BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS
SECTION 7.13.
7.14 Amendment and Restatement.
This Agreement amends, restates in its entirety
and supersedes, and continues without interruption the security interest created
under, that certain Second Amended and Restated Pledge Agreement dated as of
February 3, 2012, executed by Pledgor in favor of Secured Party.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.
SIGNATURES APPEAR ON FOLLOWING PAGE.]
15
IN WITNESS WHEREOF, Pledgor has executed and delivered this Agreement effective
as of the date first above written.
THE MONARCH CEMENT COMPANY
By:
/s/ Walter H. Wulf,
Jr.
Name: Walter H. Wulf, Jr.
Title: President and Chairman of the Board
SCHEDULE I
Identification of Initial Pledged Securities
1.
CVR Energy, Inc. (CVI)
2.
Eagle Materials Inc. (EXP)
3.
Texas Industries, Inc. (TXI)
4.
Vulcan Materials Company (VMC)