Common use of Commitment Transfer Supplement Clause in Contracts

Commitment Transfer Supplement. Schedules Schedule 1.2 Commercial Tort Claims Schedule 4.5 Equipment and Inventory Locations Schedule 4.15(c) Location of Executive Offices Schedule 4.19 Real Property Schedule 5.2(a) States of Qualification and Good Standing Schedule 5.2(b) Subsidiaries and Equityholders Schedule 5.4 Federal Tax Identification Number Schedule 5.6 Prior Names Schedule 5.7 Environmental Schedule 5.8(b) Litigation/U.S. Customs Proceeding Schedule 5.8(d) Plans Schedule 5.9 Intellectual Property Schedule 5.10 Licenses and Permits Schedule 5.21 Material Contracts Schedule 7.2 Existing Liens Schedule 7.4 Investments Schedule 7.8 Existing Indebtedness FINANCING AGREEMENT Financing Agreement dated September 28, 2006 among THE XXXXXX BRUSH COMPANY, INC., a corporation organized under the laws of the State of New York ("Xxxxxx"), XXXX EQUIPMENT, INC., a corporation organized under the laws of the State of New York ("XXXX Equipment"), ALLIED DIAGNOSTIC IMAGING RESOURCES, INC. ,a corporation organized under the laws of the State of Delaware ("Allied Diagnostic", and together with Xxxxxx and XXXX Equipment, each a "Borrower", and the collectively, the "Borrowers"), XXXX, INC., a corporation organized under the laws of the State of New York ("XXXX", and together with the Borrowers, each a "Credit Party", and collectively the "Credit Parties") and HSBC BUSINESS CREDIT (USA) INC. ("HSBC") and the other financial institutions which are now or which hereafter become a party hereto (each a "Lender" and collectively, the "Lenders"), and HSBC, as administrative agent for the Lenders (in such capacity, the "Agent"). IN CONSIDERATION of the mutual covenants and undertakings herein contained, Borrower, Lenders and Agent hereby agree as follows:

Commitment Transfer Supplement. Schedules Schedule 1.2 Commercial Tort Claims 1.2(a) Commitments Schedule 4.5 Equipment and Inventory Locations 1.2(b) Existing Letters of Credit Schedule 4.15(c1.2(c) Location of Executive Offices Permitted Encumbrances Schedule 4.19 Real Property 1.2(d) Specified Obligations Schedule 5.2(a1.2(e) States of Qualification and Good Standing Specified Other Obligations Schedule 5.2(b1.2(f) Subsidiaries and Equityholders Specified Documents Schedule 5.4 Federal Tax Identification Number 1.2(h) Specified Assets Schedule 5.6 Prior Names Schedule 5.7 Environmental Schedule 5.8(b) Litigation/U.S. Customs Proceeding Schedule 5.8(d5.10(b) Plans Schedule 5.9 Intellectual Property Schedule 5.10 5.12 Licenses and Permits Schedule 5.21 Material Contracts 5.14 Labor Disputes Schedule 7.2 Existing Liens 6.11 Post-Closing Deliveries Schedule 7.4 Existing Investments Schedule 7.8 7.6 Existing Indebtedness FINANCING AMENDED AND RESTATED REVOLVING CREDIT AND SECURITY AGREEMENT Financing Agreement This Amended and Restated Revolving Credit and Security Agreement, dated September 28as of June 27, 2006 2014, as amended August 31, 2016, among THE XXXXXX BRUSH COMPANY, INC.EMERGE ENERGY SERVICES LP, a corporation organized under the laws of the State of New York Delaware limited partnership ("Xxxxxx"“Parent Guarantor”), XXXX EQUIPMENT, INC.EMERGE ENERGY SERVICES OPERATING LLC, a corporation organized under the laws of the State of New York Delaware limited liability company ("XXXX Equipment"“Emerge”), ALLIED DIAGNOSTIC IMAGING RESOURCESSUPERIOR SILICA SANDS LLC, INC. ,a corporation organized under the laws of the State of Delaware Texas limited liability company ("Allied Diagnostic", “SSS” and together with Xxxxxx Emerge and XXXX Equipmenteach Person joined hereto as a borrower from time to time, each a "Borrower", and the collectively, the "“Borrowers",” and each individually a “Borrower”), XXXX, INC., a corporation organized under the laws of the State of New York ("XXXX", and together with the Borrowers, each a "Credit Party", and collectively the "Credit Parties") and HSBC BUSINESS CREDIT (USA) INC. ("HSBC") and the other financial institutions which are now or which hereafter become a party hereto (each a "Lender" and collectively, the "“Lenders"” and each individually a “Lender”), and HSBCPNC BANK, NATIONAL ASSOCIATION (“PNC”), as administrative agent for the Lenders and collateral agent for the Secured Parties (in such capacitycapacities, the "“Agent"”). IN CONSIDERATION of the mutual covenants and undertakings herein contained, Borrower, Lenders and Agent hereby agree as follows:.

Commitment Transfer Supplement. Schedules Schedule 1.2 Commercial Tort Claims C-1 Commitments Schedule R-1 Real Property Schedule 4.5 Equipment and Inventory Locations Schedule 4.15(c) Location of Chief Executive Offices Schedule 4.19 Real Property Schedule 5.2(a) States Jurisdictions of Qualification and Good Standing Schedule 5.2(b) Subsidiaries and Equityholders Schedule 5.4 Federal Tax Identification Number Schedule 5.6 Prior Names Schedule 5.7 Environmental Schedule 5.8(b) Litigation/U.S. Customs Proceeding Litigation / Commercial Tort Claims / Money Borrowed Schedule 5.8(d) Plans Schedule 5.9 Intellectual Property Property, Source Code Escrow Agreements Schedule 5.10 Licenses and Permits Schedule 5.21 Material Contracts 5.14 Labor Disputes Schedule 5.24 Capital Structure Schedule 5.25 Bank Accounts Schedule 7.1(b) Designated Assets Permitted to be Sold Schedule 7.2 Existing Liens Schedule 7.4 Investments Schedule 7.8 Existing Indebtedness FINANCING LOAN AND SECURITY AGREEMENT Financing Agreement LOAN AND SECURITY AGREEMENT, dated September 28October 13, 2006 2009, among THE XXXXXX BRUSH COMPANYWINNEBAGO INDUSTRIES, INC., a corporation organized under the laws of the State of New York Iowa ("Xxxxxx"“Borrower”), XXXX EQUIPMENTthe other Loan Party signatories hereto, the lenders which are now or which hereafter become a party hereto (each a “Lender” and collectively, the “Lenders”) and BURDALE CAPITAL FINANCE, INC., a corporation organized under the laws of the State of New York ("XXXX Equipment"), ALLIED DIAGNOSTIC IMAGING RESOURCES, INC. ,a corporation organized under the laws of the State of Delaware ("Allied Diagnostic"in its individual capacity, and together with Xxxxxx and XXXX Equipment, each a "Borrower", and the collectively, the "Borrowers"“Burdale”), XXXX, INC., a corporation organized under the laws of the State of New York ("XXXX", and together with the Borrowers, each a "Credit Party", and collectively the "Credit Parties") and HSBC BUSINESS CREDIT (USA) INC. ("HSBC") and the other financial institutions which are now or which hereafter become a party hereto (each a "Lender" and collectively, the "Lenders"), and HSBC, as administrative agent for the Lenders (Burdale, in such capacity, the "“Agent"”). IN CONSIDERATION of the mutual covenants and undertakings herein contained, BorrowerLoan Parties, Lenders and Agent hereby agree as follows:

Commitment Transfer Supplement. Schedules Schedule 1.2 Commercial Tort Claims 1.2(a) Commitments Schedule 4.5 Equipment and Inventory Locations 1.2(b) Existing Letters of Credit Schedule 4.15(c1.2(c) Location of Executive Offices Permitted Encumbrances Schedule 4.19 Real Property Schedule 5.2(a) States of Qualification and Good Standing Schedule 5.2(b) Subsidiaries and Equityholders Schedule 5.4 Federal Tax Identification Number Schedule 5.6 Prior Names Schedule 5.7 Environmental Schedule 5.8(b) Litigation/U.S. Customs Proceeding Schedule 5.8(d5.10(b) Plans Schedule 5.9 Intellectual Property Schedule 5.10 5.12 Licenses and Permits Schedule 5.21 Material Contracts 5.14 Labor Disputes Schedule 7.2 Existing Liens 6.11 Post-Closing Deliveries Schedule 7.4 Existing Investments Schedule 7.8 7.6 Existing Indebtedness FINANCING AMENDED AND RESTATED REVOLVING CREDIT AND SECURITY AGREEMENT Financing Agreement This Amended and Restated Revolving Credit and Security Agreement, dated September 28as of June 27, 2006 2014, as amended as of November 20, 2015 among THE XXXXXX BRUSH COMPANYEMERGE ENERGY SERVICES LP, a Delaware limited partnership (“Parent Guarantor”), EMERGE ENERGY SERVICES OPERATING LLC, a Delaware limited liability company (“Emerge”), ALLIED ENERGY COMPANY LLC, an Alabama limited liability company (“AEC”), ALLIED RENEWABLE ENERGY, LLC, a Delaware limited liability company (“ARE”), DIRECT FUELS LLC, a Delaware limited liability company formerly known as Insight Equity Acquisition Partners, LP (“Direct Fuels”), EMERGE ENERGY DISTRIBUTORS INC., a Delaware corporation organized under the laws of the State of New York ("Xxxxxx"“EED”), XXXX EQUIPMENT, INC.SUPERIOR SILICA SANDS LLC, a corporation organized under the laws of the State of New York Texas limited liability company ("XXXX Equipment"), ALLIED DIAGNOSTIC IMAGING RESOURCES, INC. ,a corporation organized under the laws of the State of Delaware ("Allied Diagnostic", “SSS” and together with Xxxxxx and XXXX EquipmentEmerge, each a "Borrower"EED, AEC, ARE, Direct Fuels, and the each Person joined hereto as a borrower from time to time, collectively, the "“Borrowers",” and each individually a “Borrower”), XXXX, INC., a corporation organized under the laws of the State of New York ("XXXX", and together with the Borrowers, each a "Credit Party", and collectively the "Credit Parties") and HSBC BUSINESS CREDIT (USA) INC. ("HSBC") and the other financial institutions which are now or which hereafter become a party hereto (each a "Lender" and collectively, the "“Lenders"” and each individually a “Lender”), and HSBCPNC BANK, NATIONAL ASSOCIATION (“PNC”), as administrative agent for the Lenders and collateral agent for the Secured Parties (in such capacitycapacities, the "“Agent"”). IN CONSIDERATION of the mutual covenants and undertakings herein contained, Borrower, Lenders and Agent hereby agree as follows:.

Commitment Transfer Supplement. Exhibit A Borrowing Base Certificate Schedules Schedule 1.1 Original Owners Schedule 1.2 Commercial Tort Claims Permitted Encumbrances Schedule 4.5 Equipment and Inventory Locations Schedule 4.15(c) Location of Executive Offices Schedule 4.19 Real Property Schedule 5.2(a) States of Qualification and Good Standing Schedule 5.2(b) Subsidiaries and Equityholders Schedule 5.4 Federal Tax Identification Number Schedule 5.6 Prior Names Schedule 5.7 Environmental Schedule 5.8(b) Litigation/U.S. Customs Proceeding Litigation Schedule 5.8(d) Plans Schedule 5.9 Intellectual Property Property, Source Code Escrow Agreements Schedule 5.10 Licenses and Permits Schedule 5.21 Material Contracts 5.14 Labor Disputes Schedule 7.2 Existing Liens Schedule 7.4 Investments 7.3 Guarantees Schedule 7.8 Existing Indebtedness FINANCING Debt REVOLVING CREDIT, TERM LOAN AND SECURITY AGREEMENT Financing Revolving Credit, Term Loan and Security Agreement dated September 28March 6, 2006 2000 by and among THE XXXXXX BRUSH COMPANYRHEOMETRIC SCIENTIFIC, INC., a corporation organized under the laws of the State of New York Jersey ("XxxxxxRSI"), XXXX EQUIPMENTRHEOMETRIC SCIENTIFIC LIMITED, INCa company organized under the laws of England and Wales ("RSL"), RHEOMETRIC SCIENTIFIC FRANCE SARL, a limited liability company organized under the laws of France ("RSF"), RHEOMETRIC SCIENTIFIC GmbH, a corporation organized under the laws of Germany ("RSG"), and RHEOMETRIC SCIENTIFIC F.E. LTD., a corporation organized under the laws of the State of New York Japan ("XXXX EquipmentRSLFE"), ALLIED DIAGNOSTIC IMAGING RESOURCES, INC. ,a corporation organized under the laws of the State of Delaware ) ("Allied Diagnostic", and together with Xxxxxx and XXXX Equipment, each a "Borrower", " and the collectively, the collectively "Borrowers"), XXXX, INC., a corporation organized under the laws of the State of New York ("XXXX", and together with the Borrowers, each a "Credit Party", and collectively the "Credit Parties") and HSBC BUSINESS CREDIT (USA) INC. ("HSBC") and the other financial institutions which are now or which hereafter become a party hereto (each a "Lender" and collectively, the "Lenders" and individually a "Lender") and PNC BANK, NATIONAL ASSOCIATION ("PNC"), and HSBC, as administrative agent for the Lenders (PNC, in such capacity, the "Agent"). IN CONSIDERATION of the mutual covenants and undertakings herein contained, BorrowerBorrowers, Lenders and Agent hereby agree as follows:

Commitment Transfer Supplement. Exhibit A Borrowing Base Certificate Exhibit B Pledge Agreement Schedules --------- Schedule 1.2 Commercial Tort Claims 1.3 Permitted Encumbrances Schedule 1.4 Permitted Subordinated Indebtedness Schedule 4.5 Equipment and Inventory Locations Schedule 4.15(c) Location of Executive Offices 4.11 Insurance Schedule 4.19 Real Property Schedule 5.2(a) States of Qualification and Good Standing Schedule 5.2(b) Subsidiaries and Equityholders Schedule 5.4 Federal Tax Identification Number Schedule 5.6 Prior Names Schedule 5.7 Environmental Schedule 5.8(b) Litigation/U.S. Customs Proceeding Litigation Schedule 5.8(d) Plans Schedule 5.9 Intellectual Property Schedule 5.10 Licenses and Permits Schedule 5.21 Material Contracts 5.23 Audits Schedule 7.2 Existing Liens 5.24 Commissions Schedule 7.4 Investments Schedule 7.8 Existing Indebtedness FINANCING 7.3 Guarantees AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT Financing ----------------------------- Amended and Restated Credit and Security Agreement dated September 28as of May 31, 2006 2002 (the "Agreement" or the "Loan Agreement") by and among THE XXXXXX BRUSH COMPANYPC Connection Inc., INC., a corporation organized under the laws of the State of New York ("Xxxxxx"), XXXX EQUIPMENT, INC., a corporation organized under the laws of the State of New York ("XXXX Equipment"), ALLIED DIAGNOSTIC IMAGING RESOURCES, INC. ,a corporation organized under the laws of the State of Delaware ("Allied Diagnostic", and together with Xxxxxx and XXXX Equipment, each a the "Borrower", and the collectively, the "Borrowers"), XXXXComTeq Federal of New Hampshire, INC.Inc., a corporation organized under the laws of the State of New York Delaware, GovConnection, Inc., a corporation organized under the laws of the State of Maryland, Merrimack Services Corporation, a corporation organized under the laws of the State of Delaware, PC Connection Sales Corporation, a corporation organized under the laws of the State of Delaware, PC Connection Sales of Massachusetts, Inc., a corporation organized under the laws of the State of Delaware, MoreDirect, Inc., a corporation organized under the laws of the State of Florida ("XXXX", and together with the Borrowers, each a "Credit Party", Guarantor" and collectively the "Credit PartiesGuarantors") and HSBC BUSINESS CREDIT (USA) INC. ("HSBC") and ), the other financial institutions which are now or which hereafter become a party hereto (each a "Lender" and collectively, the "Lenders" and individually a "Lender") and Citizens Bank of Massachusetts ("Citizens"), and HSBC, as administrative agent for the Lenders (Citizens, in such capacity, the "Agent"). IN CONSIDERATION of the mutual covenants and undertakings herein contained, Borrower, Lenders and Agent hereby agree as follows:.