PURPOSES SHALL BE CONSTRUED IN
ACCORDANCE WITH THE LAWS AND DECISIONS OF SAID STATE, INCLUDING SECTIONS 5-1401
AND 5-1402 OF THE NEW YORK GENERAL OBLIGATIONS LAW BUT EXCLUDING ALL OTHER
CHOICE OF LAW AND CONFLICTS OF LAWS RULES.
BINDING EFFECT.
THIS AGREEMENT SHALL BE BINDING UPON AND INURE TO THE BENEFIT
OF AND BE ENFORCEABLE BY NEW GLDD AND THE ADMINISTRATIVE AGENT AND THEIR
RESPECTIVE SUCCESSORS AND ASSIGNS.
EXCEPT AS EXPRESSLY SET FORTH TO THE
CONTRARY HEREIN, THIS AGREEMENT SHALL NOT BE CONSTRUED SO AS TO CONFER ANY RIGHT
OR BENEFIT UPON ANY PERSON OTHER THAN NEW GLDD, THE LENDERS AND THE
ADMINISTRATIVE AGENT AND THEIR RESPECTIVE SUCCESSORS AND PERMITTED ASSIGNS.
[signature pages follow]
3
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their respective officers thereunto duly authorized, as of the date first
written above.
GREAT LAKES DREDGE & DOCK
CORPORATION (f/k/a Great Lakes Dredge &
Dock Holdings Corp.)
By:
/s/ Deborah A. Wensel
Name:
Deborah A. Wensel
Title:
Senior Vice President, Chief Financial
Officer and Treasurer
BANK OF AMERICA, N.A., as Administrative
Agent
By:
/s/ Charlene Wright-Jones
Name:
Charlene Wright-Jones
Title:
Assistant Vice President
4