AFFECT THE RIGHT OF ANY PARTY HERETO TO SERVE PROCESS IN ANY OTHER MANNER
PERMITTED BY APPLICABLE LAW.
G-26
29. 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 SECURITY AGREEMENT OR ANY SECURITY JOINDER AGREEMENT OR THE TRANSACTIONS
CONTEMPLATED HEREBY OR THEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER
THEORY). EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT 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 SECURITY AGREEMENT OR ANY SECURITY JOINDER
AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS
SECTION.
[Signature pages follow]
G-27
IN WITNESS WHEREOF, the parties have duly executed this Security Agreement on
the day and year first written above.
GRANTORS: MASTEC, INC., a Florida corporation By:
Name:
Title:
CAM
COMMUNICATIONS, INC., a Maryland corporation By:
Name:
Title:
EC
SOURCE SERVICES, LLC, a Florida limited liability company By:
Name:
Title:
GLOBETEC CONSTRUCTION, LLC, a Florida limited liability company By:
Name:
Title:
MASTEC CONTRACTING COMPANY, INC., a Nevada corporation
By:
Name:
Title:
SECURITY AGREEMENT
Signature Page
MASTEC NORTH AMERICA, INC., a Florida corporation By:
Name:
Title:
MASTEC RENEWABLES CONSTRUCTION COMPANY, INC., a Florida corporation By:
Name:
Title:
MASTEC RESIDENTIAL SERVICES, LLC, a Florida limited
liability company By:
Name:
Title:
MASTEC WIRELESS SERVICES, LLC, a
Florida limited liability company By:
Name:
Title:
NSORO MASTEC,
LLC, a Florida limited liability company By:
Name:
Title:
SECURITY AGREEMENT
Signature Page
OPTIMA NETWORK SERVICES, INC.,
a California corporation By:
Name:
Title:
PRECISION PIPELINE LLC, a
Wisconsin
limited liability company By:
Name:
Title:
PRECISION TRANSPORT
COMPANY, LLC,
a Wisconsin limited liability company By:
Name:
Title:
PUMPCO, INC.,
a Texas corporation By:
Name:
Title:
THREE PHASE LINE CONSTRUCTION,
INC., a New Hampshire corporation By:
Name:
Title:
WANZEK
CONSTRUCTION, INC., a North Dakota corporation By:
Name:
Title:
SECURITY AGREEMENT
Signature Page
ADMINISTRATIVE AGENT: BANK OF AMERICA, N.A., as Administrative Agent By:
Name:
Title:
SECURITY AGREEMENT
Signature Page
EXHIBIT A
FORM OF SECURITY JOINDER AGREEMENT
THIS SECURITY JOINDER AGREEMENT dated as of
, 20
(this
"Security Joinder Agreement"), is made by
, a
(the "Joining Grantor"), in favor of BANK OF AMERICA, N.A.,
in its capacity as Administrative Agent (the "Administrative Agent") for the
Secured Parties (as defined in the Credit Agreement referenced below; all
capitalized terms used but not defined herein shall have the meanings provided
therefor in such Credit Agreement).
RECITALS:
A. Mastec, Inc., a Florida corporation, certain Subsidiaries of the Company
party thereto (each a "Designated Borrower" and, together with the Company,
collectively, the "Borrowers" and, individually, a "Borrower"), the lenders
party thereto and the Administrative Agent are party to