Exhibit 10.1
AMENDMENT NO. 1 TO
THE
THREE YEAR REVOLVING CREDIT
AGREEMENT
Dated as of August 26,
2011
AMENDMENT NO. 1 TO THE THREE YEAR
REVOLVING CREDIT AGREEMENT (“ this Amendment ”) among
KBR, INC., a Delaware corporation (the “ Borrower
”), the banks and other entities that are parties to the
Credit Agreement referred to below (collectively, the “
Banks ”), Citibank, N.A., as a Bank and as
Administrative Agent (the “ Administrative Agent
”) and the other Banks parties thereto.
PRELIMINARY STATEMENT:
The Borrower, the Banks and the
Administrative Agent have entered into a Three Year Revolving
Credit Agreement dated as of November 3, 2009 (as amended,
supplemented or otherwise modified through the date hereof, the
“ Credit Agreement ”), and the Borrower and the
Required Banks have agreed to amend the Credit Agreement as
hereinafter set forth Capitalized terms not otherwise defined in
this Amendment have the same meanings as specified in the Credit
Agreement.
SECTION 1. Amendment to Credit
Agreement . Section 5.02(g)(i) of the Credit Agreement is
hereby amended by deleting each reference to “$400
million” and inserting in lieu thereof “$500
million”.
SECTION 2 Condition of
Effectiveness. This Amendment shall become effective as of the
date first above written when the Administrative Agent shall have
received counterparts of this Amendment executed by the Borrower,
the Subsidiary Guarantors and the Required Banks.
SECTION 3. Representations and
Warranties of the Borrower . The Borrower represents and
warrants that, both before and after giving effect to this
Amendment: (i) the representations and warranties contained in
each Loan Document are correct on and as of the date hereof (except
that those representations and warranties that expressly relate
to