Common use of Effect of Restatement Clause in Contracts

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the Existing Credit Agreement from and after the Restatement Date and from and after the Restatement Funding Date with respect to the Loans and Letters of Credit outstanding under the Existing Credit Agreement as of the Restatement Date and as of the Restatement Funding Date. The parties hereto acknowledge and agree, however, that (a) this Agreement and all other Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations (under and as defined in the Existing Credit Agreement) and the other Loan Documents as in effect prior to the Restatement Date except as expressly provided for in the Amendment Agreement and as contemplated by Section 3.16 hereof and (b) such Obligations are in all respects continuing (except as expressly provided for in the Amendment Agreement and as contemplated by Section 3.16 hereof) with only the terms being modified as provided in this Agreement and the other Loan Documents. The parties hereto further acknowledge and agree that (i) the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of the Obligations (under and as defined in the Existing Credit Agreement) are in all respects continuing and in full force and effect with respect to all Obligations and (ii) all references in the other Loan Documents to the Existing Credit Agreement shall be deemed to refer without further amendment to this Agreement. In addition, unless specifically amended hereby, each of the Loan Documents and Exhibits and Schedules to the Existing Credit Agreement shall continue in full force and effect and, if applicable, in the forms attached to the Existing Credit Agreement, and with the effect that from and after the Restatement Date all references therein shall be references to this Agreement.

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the Existing Credit Agreement from and after the Restatement Date and from and after the Restatement Funding Closing Date with respect to the transactions hereunder and with respect to the Loans and Letters of (as defined in the Existing Credit Agreement) outstanding under the Existing Credit Agreement as of the Restatement Date and as of the Restatement Funding Closing Date. The parties hereto acknowledge and agree, however, that (a) except with respect to the Repaid Loans (as defined in the Restatement Agreement), this Agreement and all other Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations (under and as defined in the Existing Credit Agreement) under the Existing Credit Agreement and the other Loan Credit Documents (as defined in the Existing Credit Agreement) as in effect prior to the Restatement Date except as expressly provided for in the Amendment Agreement and as contemplated by Section 3.16 hereof and Closing Date, (b) such the Obligations (as defined in the Existing Credit Agreement) under the Existing Credit Agreement are in all respects continuing (except as expressly provided for in the Amendment Agreement and as contemplated by Section 3.16 hereof) with only the terms being modified as provided in Obligations under this Agreement and the each other Loan Documents. The parties hereto further acknowledge and agree that Document, (ic) the liens Liens and security interests in favor of the Collateral Administrative Agent for the benefit of the Secured Parties securing payment or any of the Obligations Secured Parties pursuant to the Security Documents (under and as defined in the Existing Credit Agreement) are in all respects continuing and in full force and effect with respect to all for the benefit of the Administrative Agent and the other Secured Parties and secure the Obligations and (iid) all references in the other Loan Documents to the Existing “Term Loan Credit Agreement Agreement” or “Credit Agreement” shall be deemed to refer without further amendment to this AgreementAgreement as amended and restated. In addition, unless specifically amended hereby, each This Agreement shall not constitute a novation of the Loan Documents and Exhibits and Schedules to the Existing Credit Agreement or any other Credit Document (as defined in the Existing Credit Agreement). Each of the Loan Parties hereby (A) acknowledges the Restatement Agreement and this Agreement and the transactions contemplated hereby and thereby and (B) acknowledges and agrees that the Lenders are “Lenders” and “Secured Parties” for all purposes under the Loan Documents. Each Loan Party hereby reaffirms all outstanding Obligations of such Loan Party under the Loan Documents to which it is a party, as such Obligations have been amended by the Restatement Agreement or otherwise modified in the Transactions and confirms that such outstanding Obligations shall continue to be in full force and effect and shall continue to apply to this Agreement and each other Loan Document. Each Loan Party hereby reaffirms the legality, validity, effectiveness, enforceability and priority of the Liens granted by it to the Administrative Agent for the benefit of the Secured Parties or any of the Secured Parties under the Credit Documents (as defined in the Existing Credit Agreement), which Liens shall continue in full force and effect andunder the Collateral Documents after giving effect to this Agreement and each other Loan Document, if applicable, in the forms attached to the Existing Credit Agreement, Transactions and with the effect that from and after the Restatement Date all references therein Agreement and shall be references continue to this Agreementsecure the Obligations (including obligations in respect of the Term B Loans).

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the Existing Credit Agreement from and after the Restatement Date and from and after the Restatement Funding Effective Date with respect to the Loans and Letters of Credit outstanding under the Existing Credit Agreement as of the Restatement Date and as of the Restatement Funding Effective Date. The parties hereto acknowledge and agree, however, that (a) this Agreement and all other Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations (under and as defined in the Existing Credit Agreement) and the other Loan Documents as in effect prior to the Restatement Effective Date except as expressly provided for in the Amendment Agreement and as contemplated by Section 3.16 hereof and (b) such Obligations are in all respects continuing (except as expressly provided for in the Amendment Agreement and as contemplated by Section 3.16 hereof) with only the terms being modified as provided in this Agreement and the other Loan DocumentsNo. 4. The parties hereto further acknowledge and agree that (i) the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of the Obligations (under and as defined in the Existing Credit Agreement) are in all respects continuing and in full force and effect with respect to all Obligations and (ii) all references in the other Loan Documents to the Existing Credit Agreement shall be deemed to refer without further amendment to this Agreement. In addition, unless specifically amended hereby, each of the Loan Documents and Exhibits and Schedules to the Existing Credit Agreement shall continue in full force and effect and, if applicable, in the forms attached to the Existing Credit Agreement, and with the effect that from and after the Restatement Effective Date all references therein to the Existing Credit Agreement shall be references to this Agreement.

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the Existing Credit Agreement from and after the Restatement Date and from and after the Restatement Funding Date with respect to the Loans and Letters of Credit outstanding under the Existing Credit Agreement as of the Restatement Date and as of the Restatement Funding Date. The parties hereto acknowledge and agree, however, that (a) this Agreement and all other Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations (under and as defined in the Existing Credit Agreement) and the other Loan Documents as in effect prior to the Restatement Date except as expressly provided for in the Amendment Agreement and as contemplated by Section 3.16 hereof and (b) such Obligations are in all respects continuing (except as expressly provided for in the Amendment Agreement and as contemplated by Section 3.16 hereof) with only the terms being modified as provided in this Agreement and the other Loan Documents. The parties hereto further acknowledge and agree that (i) the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of the Obligations (under and as defined in the Existing Credit Agreement) are in all respects continuing and in full force and effect with respect to all Obligations and (ii) all references in the other Loan Documents to the Existing Credit Agreement shall be deemed to refer without further amendment to this Agreement. In addition, unless specifically amended hereby, each of the Loan Documents and Exhibits and Schedules to the Existing Credit Agreement shall continue in full force and effect and, if applicable, in the forms attached to the Existing Credit Agreement, and with the effect that from and after the Restatement Date all references therein shall be references to this Agreement.. Schedule I-A Name of Lender Term A Loan Commitment Pro Rata Share Credit Suisse AG $195,000,000 100.00% Total $195,000,000 100.00% Schedule I-B Name of Lender Term B Loan Commitment Pro Rata Share Credit Suisse AG $545,000,000 100.00% Total $545,000,000 100.00% Schedule I-C Name of Lender Revolving Credit Commitment Pro Rata Share Credit Suisse AG $15,000,000 30.00% Bank of America NA $8,000,000 16.00% CoBank ACB $3,000,000 6.00% Deutsche Bank Trust Company Americas $8,000,000 16.00% Xxxxxxx Xxxxx Bank FSB $2,000,000 4.00% Royal Bank of Canada $4,000,000 8.00% SunTrust Bank $7,000,000 14.00% Xxxxx Fargo Bank NA $3,000,000 6.00%

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the Existing Credit Agreement from and after the Restatement Date and from and after the Restatement Funding Date with respect to the Loans and Letters of Credit outstanding under the Existing Credit Agreement as of the Restatement Date and as of the Restatement Funding Date. The parties hereto acknowledge and agree, however, that (a) this Agreement and all other Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing novation or termination of the Obligations (under and as defined in the Existing Credit Agreement) and the other Loan Documents as in effect prior to the Restatement Date except as expressly provided for in to the Amendment Agreement and as contemplated by Section 3.16 hereof extent such Obligations are repaid on the Restatement Date and (b) such Obligations are in all respects continuing (except as expressly provided for in the Amendment Agreement and as contemplated by Section 3.16 hereof) with only the terms being modified as provided in this Agreement and the other Loan Documents. The parties hereto further acknowledge and agree that (i) the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of the Obligations (under and as defined in the Existing Credit Agreement) are in all respects continuing and in full force and effect with respect to all Obligations and (ii) all references in the other Loan Documents to the Existing Credit Agreement shall be deemed to refer without further amendment to this Agreement. In addition, unless specifically amended hereby, each of the Loan Documents and Exhibits and Schedules to the Existing Credit Agreement shall continue in full force and effect and, if applicable, in the forms attached to the Existing Credit Agreement, and with the effect that from and after the Restatement Date all references therein shall be references to this Agreement.. 158 [Remainder of page intentionally left blank] SCHEDULE 1.01(a) TO CREDIT AND GUARANTY AGREEMENT Tranche B-1 Term Loan Commitments [ON FILE WITH ADMINISTRATIVE AGENT] SCHEDULE 1.01(a)-1 SCHEDULE 1.01(b) TO CREDIT AND GUARANTY AGREEMENT Tranche B-2 Term Loan Commitments [ON FILE WITH ADMINISTRATIVE AGENT] SCHEDULE 1.01(b)-1 SCHEDULE 1.01(c) TO CREDIT AND GUARANTY AGREEMENT U.S. Revolving Commitments [ON FILE WITH ADMINISTRATIVE AGENT] Canadian Revolving Commitments [ON FILE WITH ADMINISTRATIVE AGENT] SCHEDULE 1.01(c)-1 SCHEDULE 1.01(d) TO CREDIT AND GUARANTY AGREEMENT Notice Addresses If to any Loan Party: Fairmount Minerals, Ltd. 0000 Xxxxxxxx Xxxx Chesterland, Ohio 44026 Attn: Xxxxxxxxx Xxxxxxx Facsimile: (000) 000-0000 in each case, with a copy to: American Securities LLC 000 Xxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, XX 00000 Attn: Xxxx X. Xxxxxxxxx Facsimile: (000) 000-0000 and Xxxx Xxxxxxx LLP 000 Xxxx Xxxxxx Xxx Xxxx, XX 00000 Attn: Xxxxxxx X. Xxxxxxx, Esq. Facsimile: (000) 000-0000 SCHEDULE 1.01(d)-1 BARCLAYS BANK PLC, as Administrative Agent, Revolving Administrative Agent, Collateral Agent, and a Lender: Barclays Bank PLC 000 Xxxxxxx Xxx Xxx Xxxx, XX 00000 Attention: Xxxxxxx Xxxxxxxxxx Facsimile: 000-000-0000 Telephone: 000-000-0000 Email: xxxxxxx.xxxxxxxxxx@xxxxxxxx.xxx / xxxxx@xxxxxxxx.xxx with a copy to (for payments and requests for credit extensions: Barclays Bank PLC 0000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 Attention: Xxx Xxxxxxx / Barclays Agency Services Facsimile: 000-000-0000 Telephone: 000-000-0000 Email: xxx.xxxxxxx@xxxxxxxx.xxx / xxxxxxxxxxxx0@xxxxxxxx.xxx SCHEDULE 1.01(d)-2 KEYBANK NATIONAL ASSOCIATION, as Syndication Agent and a Lender: KeyBank National Association 000 Xxxxxx Xxxxxx Xxxxxxxxx, XX 00000 Attn: Xxxx Xxxxxxx Telephone: 000-000-0000 Facsimile: 000-000-0000 Email: xxxxxxxx@xxx.xxx With a copy to KeyBank National Association 0000 Xxxxxxxx Xxxx Brooklyn, OH 44144 Attn: Xxxxx Xxxxxxx, Key Agency Services Telephone: 000-000-0000 Facsimile: 000-000-0000 Email: xxxxx_x_xxxxxxx@xxxxxxx.xxx Principal Office with regard to Dollar and Canadian Dollar denominated Loans: KeyBank National Association 0000 Xxxxxxxx Xxxx Brooklyn, OH 44144 Attn: Xxxxx Xxxxxxx, Key Agency Services Telephone: 000-000-0000 Facsimile: 000-000-0000 Email: xxxxx_x_xxxxxxx@xxxxxxx.xxx SCHEDULE 1.01(d)-3 SCHEDULE 4.01 TO CREDIT AND GUARANTY AGREEMENT Jurisdictions of Organization and Qualification Name of Entity Jurisdiction of Organization Alpha Resins, LLC Ohio Best Sand Corporation Ohio Best Sand of Pennsylvania, Inc. Ohio Black Lab LLC Ohio Cheyenne Sand Corp. Michigan Construction Aggregates Corporation of Michigan, Inc. Michigan Fairmount Minerals, LLC Ohio Fairmount Water Solutions, LLC Ohio Fairmount Minerals Holdings, Inc. Delaware Fairmount Minerals, Ltd. Delaware FML Sand, LLC Ohio FML Resin, LLC Ohio FML Terminal Logistics, LLC Ohio FML Alabama Resin, Inc. Ohio Mineral Visions Inc. Ohio Self-Suspending Proppant LLC Delaware Shakopee Sand LLC Minnesota Specialty Sands, Inc. Michigan Standard Sand Corporation Michigan Technimat LLC Ohio TechniSand, Inc. Delaware Wedron Silica Company Ohio Wexford Sand Co. Michigan Wisconsin Industrial Sand Company, L.L.C. Delaware Wisconsin Specialty Sands, Inc. Texas Fairmount Minerals Sales de Mexico, S. de X.X. de C.V. Mexico Lake Shore Sand Company (Ontario) Ltd. Ontario, Canada Santrol de Mexico, S. de X.X. de C.V. Mexico Santrol Europe ApS Denmark Santrol (Tianjin) Proppant Co., Ltd. China Santrol (Yixing) Proppant Co., Ltd. China Technisand Canada Sales, Ltd. British Columbia SCHEDULE 4.02 TO CREDIT AND GUARANTY AGREEMENT Equity Interests and Ownership Ownership Interests: Fairmount Minerals, Ltd.: Stockholder Ownership Percentage Fairmount Minerals Holdings, Inc. 100 % Lake Shore Sand Company (Ontario) Ltd.: Shareholder Ownership Percentage Cheyenne Sand Corp. 100 % Best Sand Corporation: Shareholder Ownership Percentage Fairmount Minerals, Ltd. 100 % Best Sand of Pennsylvania, Inc.: Shareholder Ownership Percentage Best Sand Corporation 100 % Cheyenne Sand Corp.: Shareholder Ownership Percentage Fairmount Minerals, Ltd. 100 % Standard Sand Corporation: Shareholder Ownership Percentage Cheyenne Sand Corp. 100 % Construction Aggregates Corporation of Michigan, Inc.: Shareholder Ownership Percentage Cheyenne Sand Corp. 100 % Specialty Sands, Inc.: Shareholder Ownership Percentage Cheyenne Sand Corp. 100 % Schedule 4.02 - 1 Wedron Silica Company: Shareholder Ownership Percentage Fairmount Minerals, Ltd. 100 % Wexford Sand Co.: Shareholder Ownership Percentage Fairmount Minerals, Ltd. 100 % Mineral Visions Inc.: Shareholder Ownership Percentage Fairmount Minerals, Ltd. 100 % Fairmount Water Solutions, LLC: Member Membership Interests Fairmount Minerals, Ltd. 100 % TechniSand, Inc.: Stockholder Ownership Percentage Fairmount Minerals, Ltd. 100 % Wisconsin Industrial Sand Company, L.L.C.: Member LLC Interests TechniSand, Inc. 100 % Wisconsin Specialty Sands, Inc.: Shareholder Ownership Percentage Wisconsin Industrial Sand Company, L.L.C. 100 % Technimat LLC: Member Membership Interests TechniSand, Inc. 90 % Fairmount Minerals, LLC: Member Membership Interests Fairmount Minerals, Ltd. 100 % Alpha Resins, LLC: Member Membership Interests Technisand, Inc. 100 % Black Lab LLC: Member Membership Interests Fairmount Minerals, Ltd. 100 % Self-Suspending Proppant, LLC: Member Membership Interests Fairmount Minerals, Ltd. 100 %*** *** Fairmount Minerals, Ltd.’s share ownership could be reduced in the event certain earn-out calculation thresholds are not met in the future. Shakopee Sand LLC: Member Membership Interests Fairmount Minerals, Ltd. 100 % FML Sand, LLC: Member Membership Interests Fairmount Minerals, Ltd. 100 % FML Resin, LLC: Member Membership Interests Fairmount Minerals, Ltd. 100 % FML Terminal Logistics, LLC: Member Membership Interests Fairmount Minerals, Ltd. 100 % FML Alabama Resin, Inc.: Member Ownership Percentage Fairmount Minerals, Ltd. 100 % Santrol (Yixing) Proppant Company, Ltd.: Shareholder Interests Technimat LLC 70 % Schedule 4.02 - 3 Santrol (Tianjin) Proppant Company, Ltd.: Shareholder Interests Technimat LLC 70 % Fairmount Minerals Sales de Mexico, S. de X.X. de C.V.: Shareholder Quota in the Capital Fairmount Minerals, Ltd. 99.67 % TechniSand, Inc. .33 % Santrol de Mexico, S. de X.X. de C.V.: Shareholder Series A Equity Quota (fixed and variable) Series B Equity Quota (fixed) Fairmount Minerals Sales de Mexico, S. de X.X. de C.V. 99.985 % — Fairmount Minerals, Ltd. — 0.015 % Santrol Europe ApS: Shareholder Interests Technisand Inc. 100 % Technisand Canada Sales, Ltd.: Shareholder Ownership Percentage Technisand Inc. 100 % SCHEDULE 4.13 TO CREDIT AND GUARANTY AGREEMENT Real Estate Assets

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede shall become effective on the Existing Credit Agreement from and after the Restatement Effective Date and from and after the Restatement Funding Date with respect to the Loans and Letters shall supersede all provisions of Credit outstanding under the Existing Credit Agreement as of the Restatement Date and as of the Restatement Funding Datesuch date. The parties hereto acknowledge and agree, however, that (a) this Agreement and all other Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations (under and as defined in the Existing Credit Agreement) and the other Loan Documents as in effect prior to the Restatement Date except as expressly provided for in the Amendment Agreement and as contemplated by Section 3.16 hereof and (b) such Obligations are in all respects continuing (except as expressly provided for in the Amendment Agreement and as contemplated by Section 3.16 hereof) with only the terms being modified as provided in this Agreement and the other Loan Documents. The parties hereto further acknowledge and agree that (i) the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of the Obligations (under and as defined in the Existing Credit Agreement) are in all respects continuing and in full force and effect with respect to all Obligations and (ii) all All references in the other Loan Documents made to the Existing Credit Agreement shall in any Loan Document or in any other instrument or document shall, without more, be deemed to refer without further amendment to this Agreement. In additionThis Agreement amends and restates the Existing Credit Agreement and is not intended to be or operate as a novation or an accord and satisfaction of the Existing Credit Agreement or the indebtedness, unless specifically obligations and liabilities of the Borrower or any Guarantor evidenced or provided for thereunder. Notwithstanding anything contained herein, this Agreement is not intended to and does not serve to effect a novation of the “Obligations” pursuant to the Existing Credit Agreement. Instead, it is the express intention of the parties hereto to reaffirm the Loan created under the Existing Credit Agreement, which is evidenced by the notes provided for therein and secured by the Collateral. The Borrower and each Guarantor acknowledges and confirms the Liens and security interests granted pursuant to the Loan Documents secure the indebtedness, liabilities and obligations of the Borrower and the Guarantors to the Bank under the Existing Credit Agreement, as amended and restated hereby, and that the term “Obligations” as used in the Loan Documents (or any other term used therein to describe or refer to the indebtedness, liabilities and obligations of the Borrower or any Guarantor to the Bank) includes, without limitation, the indebtedness, liabilities and obligations of the Borrower under the Notes to be delivered hereunder, and under the Existing Credit Agreement, as amended and restated hereby, as the same may be further amended, restated, supplemented or otherwise modified from time to time. The Borrower and each Guarantor hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Loan Documents to which it is a party (after giving effect hereto) and Exhibits (ii) ratifies and Schedules reaffirms that such grant of security interests and Liens and confirms and agrees that such security interests and Liens hereafter secure all of the Obligations as amended hereby. In addition, the Borrower acknowledges receipt of a copy of the PECI Letter Loan Agreement and hereby consents to and agrees with all of the terms, conditions and transactions contemplated thereunder and agrees that the amendment and restatement of the Existing Credit Letter Loan Agreement (as defined in the PECI Letter Loan Agreement) shall continue have no effect on the obligations of the Borrower pursuant to that certain Guaranty Agreement, dated June 28, 2013, by the Borrower (as amended, restated, supplemented or otherwise modified from time to time, the “Canadian Facility Guaranty Agreement”). The Borrower confirms that the Canadian Facility Guaranty Agreement and all of the Borrower’s obligations thereunder remain in full force and effect and, if applicablewithout limiting the foregoing, the Borrower acknowledges and agrees that all loans and advances and other credit extended under the PECI Letter Loan Agreement shall constitute “Indebtedness”, as such term is defined in the forms attached to the Existing Credit Canadian Facility Guaranty Agreement, and with that is guaranteed by the effect Borrower under the Canadian Facility Guaranty Agreement. The Borrower hereby reaffirms all of the terms, provisions, agreements and covenants contained in the Canadian Facility Guaranty Agreement. The Borrower agrees that from and after its consent or affirmation to any extensions of credit to PECI under the Restatement Date all references therein Loan Documents (as defined in the PECI Letter Loan Agreement) shall not be references to required as a result of this Agreementreaffirmation having been obtained.

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the Existing Credit Original Agreement from and after the Restatement Date and from and after the Restatement Funding Effective Date with respect to the Loans and Letters of Credit outstanding under the Existing Credit Original Agreement as of the Restatement Date and as of the Restatement Funding Effective Date. The parties hereto acknowledge and agree, however, that (a) this Agreement and all other Loan Credit Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations (under and as defined in the Existing Credit Agreement) Original Agreement and the other Loan Credit Documents as in effect prior to the Restatement Date except as expressly provided for in the Amendment Agreement and as contemplated by Section 3.16 hereof and Effective Date, (b) such Obligations are in all respects continuing (except as expressly provided for in the Amendment Agreement and as contemplated by Section 3.16 hereof) with only the terms being modified as provided in this Agreement and the other Loan Credit Documents. The parties hereto further acknowledge and agree that , (ic) the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of the such Obligations (under and as defined in the Existing Credit Agreement) are in all respects continuing and in full force and effect with respect to all Obligations and (iid) all references in the other Loan Credit Documents to the Existing Credit Agreement shall be deemed to refer without further amendment to this Agreement. In addition, unless specifically amended hereby, each The parties agree that as of the Loan Documents Effective Date all “Defaults” and Exhibits and Schedules to “Events of Defaults” (as each term is defined in the Existing Credit Original Agreement) occurred, continuing or otherwise arising under the Original Agreement shall continue be permanently waived; provided that such prior or permanent waiver shall not constitute a waiver of any Default or Event of Default first arising under this Agreement upon or after the effectiveness of this Agreement. The parties understand and agree that the terms, provisions, conditions and limitations set forth in full any “Credit Document” (as such term is defined in the Original Agreement), including any forbearance agreement, shall be as of the Effective Date of no further force and effect and, if applicable, except to the extent they are amended and restated in the forms attached to the Existing form of a Credit Document entered into in connection with this Agreement, and then only with the effect that from such terms, provisions, conditions and after the Restatement Date all references therein shall be references to this Agreementlimitations as set forth in such Credit Documents.

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the Existing Credit Agreement from and after the Restatement Date and from and after the Restatement Funding Date with respect to the Loans and Letters of Credit outstanding under the Existing Credit Agreement as of the Restatement Date and as of the Restatement Funding Date. The parties hereto acknowledge and agree, however, that (a) this Agreement and all other Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing novation or termination of the Obligations (under and as defined in the Existing Credit Agreement) and the other Loan Documents as in effect prior to the Restatement Date except as expressly provided for in to the Amendment Agreement and as contemplated by Section 3.16 hereof extent such Obligations are repaid on the Restatement Date and (b) such Obligations are in all respects continuing (except as expressly provided for in the Amendment Agreement and as contemplated by Section 3.16 hereof) with only the terms being modified as provided in this Agreement and the other Loan Documents. The parties hereto further acknowledge and agree that (i) the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of the Obligations (under and as defined in the Existing Credit Agreement) are in all respects continuing and in full force and effect with respect to all Obligations and (ii) all references in the other Loan Documents to the Existing Credit Agreement shall be deemed to refer without further amendment to this Agreement. In addition, unless specifically amended hereby, each of the Loan Documents and Exhibits and Schedules to the Existing Credit Agreement shall continue in full force and effect and, if applicable, in the forms attached to the Existing Credit Agreement, and with the effect that from and after the Restatement Date all references therein shall be references to this Agreement.. 158 [Remainder of page intentionally left blank] SCHEDULE 1.01(a) TO CREDIT AND GUARANTY AGREEMENT Tranche B-1 Term Loan Commitments [ON FILE WITH ADMINISTRATIVE AGENT] SCHEDULE 1.01(a)-1 SCHEDULE 1.01(b) TO CREDIT AND GUARANTY AGREEMENT Tranche B-2 Term Loan Commitments [ON FILE WITH ADMINISTRATIVE AGENT] SCHEDULE 1.01(b)-1 SCHEDULE 1.01(c) TO CREDIT AND GUARANTY AGREEMENT U.S. Revolving Commitments [ON FILE WITH ADMINISTRATIVE AGENT] Canadian Revolving Commitments [ON FILE WITH ADMINISTRATIVE AGENT] SCHEDULE 1.01(c)-1 SCHEDULE 1.01(d) TO CREDIT AND GUARANTY AGREEMENT Notice Addresses If to any Loan Party: Fairmount Minerals, Ltd. 0000 Xxxxxxxx Xxxx Chesterland, Ohio 44026 Attn: Xxxxxxxxx Xxxxxxx Facsimile: (000) 000-0000 in each case, with a copy to: American Securities LLC 000 Xxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, XX 00000 Attn: Xxxx X. Xxxxxxxxx Facsimile: (000) 000-0000 and Xxxx Xxxxxxx LLP 000 Xxxx Xxxxxx Xxx Xxxx, XX 00000 Attn: Xxxxxxx X. Xxxxxxx, Esq. Facsimile: (000) 000-0000 SCHEDULE 1.01(d)-1 BARCLAYS BANK PLC, as Administrative Agent, Revolving Administrative Agent, Collateral Agent, and a Lender: Barclays Bank PLC 000 Xxxxxxx Xxx Xxx Xxxx, XX 00000 Attention: Xxxxxxx Xxxxxxxxxx Facsimile: 000-000-0000 Telephone: 000-000-0000 Email: xxxxxxx.xxxxxxxxxx@xxxxxxxx.xxx / xxxxx@xxxxxxxx.xxx with a copy to (for payments and requests for credit extensions: Barclays Bank PLC 0000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 Attention: Xxx Xxxxxxx / Barclays Agency Services Facsimile: 000-000-0000 Telephone: 000-000-0000 Email: xxx.xxxxxxx@xxxxxxxx.xxx / xxxxxxxxxxxx0@xxxxxxxx.xxx SCHEDULE 1.01(d)-2 KEYBANK NATIONAL ASSOCIATION, as Syndication Agent and a Lender: KeyBank National Association 000 Xxxxxx Xxxxxx Xxxxxxxxx, XX 00000 Attn: Xxxx Xxxxxxx Telephone: 000-000-0000 Facsimile: 000-000-0000 Email: xxxxxxxx@xxx.xxx With a copy to KeyBank National Association 0000 Xxxxxxxx Xxxx Brooklyn, OH 44144 Attn: Xxxxx Xxxxxxx, Key Agency Services Telephone: 000-000-0000 Facsimile: 000-000-0000 Email: xxxxx_x_xxxxxxx@xxxxxxx.xxx Principal Office with regard to Dollar and Canadian Dollar denominated Loans: KeyBank National Association 0000 Xxxxxxxx Xxxx Brooklyn, OH 44144 Attn: Xxxxx Xxxxxxx, Key Agency Services Telephone: 000-000-0000 Facsimile: 000-000-0000 Email: xxxxx_x_xxxxxxx@xxxxxxx.xxx

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the Existing Credit Agreement from and after the Restatement Date and from and after the Restatement Funding Date with respect to the Loans and Letters of Credit outstanding under the Existing Credit Agreement as of the Restatement Date and as of the Restatement Funding Date. The parties hereto acknowledge and agree, however, that (a) this Agreement and all other Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations (under and as defined in the Existing Credit Agreement) and the other Loan Documents as in effect prior to the Restatement Date except as expressly provided for in the Amendment Agreement and as contemplated by Section 3.16 hereof and (b) such Obligations are in all respects continuing (except as expressly provided for in the Amendment Agreement and as contemplated by Section 3.16 hereof) with hereof)with only the terms being modified as provided in this Agreement and the other Loan Documents. The parties hereto further acknowledge and agree that (i) the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of the Obligations (under and as defined in the Existing Credit Agreement) are in all respects continuing and in full force and effect with respect to all Obligations and (ii) all references in the other Loan Documents to the Existing Credit Agreement shall be deemed to refer without further amendment to this Agreement. In addition, unless specifically amended hereby, each of the Loan Documents and Exhibits and Schedules to the Existing Credit Agreement shall continue in full force and effect and, if applicable, in the forms attached to the Existing Credit Agreement, and with the effect that from and after the Restatement Date all references therein shall be references to this Agreement.. 119

Effect of Restatement. This Subject to the satisfaction of the conditions precedent set forth in Section 2.4(a), this Agreement shallshall become effective on the Effective Date and, except as otherwise expressly set forth hereinherein and therein, shall supersede the Existing Credit Agreement from and after the Restatement Date and from and after the Restatement Funding Date with respect to the Loans and Letters all provisions of Credit outstanding under the Existing Credit Agreement as of the Restatement Date and as of the Restatement Funding Date. The parties hereto acknowledge and agreesuch date, however, that (a) this Agreement and all other Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations (under and as defined in the Existing Credit Agreement) and the other Loan Documents as in effect prior subject to the Restatement Date except terms and provisions of Section 2.3(d) hereof and this Section 11.15. From and after the Effective Date, (a)(i) the Commitment of State Street (the “ Continuing Lender”) shall be as expressly provided for in set forth on State Street’s signature page hereto, and (ii) the Amendment Agreement and Commitment of U.S. Bank (the “ New Lender”) shall be as contemplated by Section 3.16 hereof set forth on U.S. Bank’s signature page hereto and (b) such Obligations are in all respects continuing (except as expressly provided for in the Amendment Agreement and as contemplated by Section 3.16 hereof) with only the terms being modified as provided in this Agreement and the other Loan Documents. The parties hereto further acknowledge and agree that (i) the liens and security interests in favor outstanding “Loans” of the Collateral Agent for the benefit of the Secured Parties securing payment of the Obligations (Continuing Lender under and as defined in the Existing Credit Agreement) are in all respects continuing and in full force and effect with respect to all Obligations and (ii) all references in the other Loan Documents to the Existing Credit Agreement shall be deemed outstanding as Loans hereunder. The Continuing Lender and New Lender each agree to refer without make such purchases and sales of interests in the Existing Advance between themselves as set forth in Section 2.3(d) hereof so that each Continuing Lender and New Lender is then holding its relevant Commitment Percentage of the Loans based on their Commitments as in effect after giving effect hereto (such purchases and sales shall be arranged through the Administrative Agent and each Lender hereby agrees to execute such further amendment instruments and documents, if any, as the Administrative Agent may reasonably request in connection therewith), with all subsequent extensions of credit under this Agreement to be made in accordance with the respective Commitments of the Lenders from ti me to time party to this AgreementAgreement as provided herein. In addition, unless specifically amended hereby, each of the Loan Documents and Exhibits and Schedules All references made to the Existing Credit Agreement shall continue in full force any Program Document or in any other related instrument or document shall, unless otherwise specified, be deemed to refer to this Agreement. This Agreement amends and effect and, if applicable, in the forms attached to restates the Existing Credit AgreementAgreement and is not intended to be or operate as a novation or an accord and satisfaction of the Existing Credit Agreement or the indebtedness, obligations and with I i abi I i ti es of the effect that from and after the Restatement Date all references therein shall be references to this AgreementA uthority evi denced or provi ded for thereunder.

Effect of Restatement. This Agreement shallOn the Restatement Date, except the Original Lease will be amended and restated as otherwise expressly set forth herein, supersede the Existing Credit Agreement from and after the Restatement Date and from and after the Restatement Funding Date with respect to the Loans and Letters of Credit outstanding under the Existing Credit Agreement as of the Restatement Date and as of the Restatement Funding Datein this Lease. The parties hereto acknowledge and agree, however, that (a) this Agreement Lease and all the other Loan Restated Operative Documents executed and delivered herewith do not constitute a novation, payment and reborrowing novation or termination of the Obligations (under and as defined in the Existing Credit Agreement) and Original Lease or under the other Loan Operative Documents as in effect immediately prior to the Restatement Date except as expressly provided for in the Amendment Agreement and as contemplated by Section 3.16 hereof and Date, (b) such Obligations are in all respects continuing (except as expressly provided for in the Amendment Agreement and as contemplated by Section 3.16 hereof) with only the terms being modified as provided in this Agreement Lease and the other Loan Restated Operative Documents. The parties hereto further acknowledge and agree that , (ic) the Guaranty, as amended and restated as of the Restatement Date, is in all respects continuing and remains in full force and effect with respect to all Liabilities (as defined therein), (d) the mortgage, liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties Lessor securing payment of the such Obligations (under and as defined in the Existing Credit Agreement) are in all respects continuing and in full force and effect with respect to all Obligations Obligations, (e) nothing contained in any Restated Operative Document shall terminate, nullify or otherwise modify the terms or scope of any consent granted to the Lessee prior to the Restatement Date in connection with the Original Lease pursuant to any consent agreement or similar agreement entered into by the Lessee, the Administrative Agent, and the requisite Participants party thereto (including, without limitation, that certain Consent Agreement, dated as of May 2, 2019, among the Lessee, the Administrative Agent and the Participants party thereto), and (iif) except to the extent the context requires otherwise, all references in the other Loan Operative Documents to the Existing Credit Agreement “Lease” or other reference originally applicable to the Original Lease shall be deemed to refer without further amendment to this AgreementLease, as amended, restated, supplemented or otherwise modified from time to time in accordance with the terms hereof. In additionWitness Whereof, unless specifically amended hereby, each the parties have caused this Amended and Restated Lease be duly executed and delivered as of the Loan Documents date first above written. Old Saw Mill Holdings LLC, as Lessee By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Treasurer BA Leasing BSC, LLC, a Delaware limited liability company, as Lessor By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: Vice President Exhibit A To Amended and Exhibits Restated Lease Description of Leased Property TRACT I: ALL that certain plot, piece of land, situate, lying and Schedules to the Existing Credit Agreement shall continue in full force and effect and, if applicable, being in the forms attached to the Existing Credit AgreementTown of Greenburgh, County of Westchester, and with State of New York, being designated as Lot P-2 on a certain map entitled “Final Subdivision Plat prepared for Eastview Holdings LLC of premises located at Old Saw Mill River Road and XXX Xxxxx 0X, Xxxx xx Xxxxxxxxxx, Xxxxxxxxxxx Xxxxxx, Xxx Xxxx Scale 1”=100’” prepared by Xxxx Xxxxx Consulting, PC, dated March 23, 2004 and last revised March 13, 2006, and filed on April 8, 2006 in the effect that Office of the County Clerk of the County of Westchester as Filed Map No. 27754, and being more particularly described as: Beginning at a rebar set on the southwesterly right of way line of Old Saw Mill River Road, where said rebar is located South 35°43’37“West, a distance of 101.93 feet from the intersection formed by the dividing line between the lands n/f BMR-LANDMARK AT EASTVIEW (SBL 116.15-1-2.2 in the Town of Mount Pleasant), and after other lands of BMR-LANDMARK AT EASTVIEW(SBL 116.15-1-2.1 in the Restatement Date all references therein shall be references to this Agreement.Town of Mount Pleasant), thence Running the following courses and distances along the reputed owner Town of Greensburgh

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the Existing Credit Agreement from and after the Restatement Date and from and after the Restatement Funding Date with respect to the Loans and Letters of Credit outstanding under the Existing Credit Agreement as of the Restatement Date and as of the Restatement Funding Date. The parties hereto acknowledge and agree, however, that (a) this Agreement and all other Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations (under and as defined in the Existing Credit Agreement) and the other Loan Documents as in effect prior to the Restatement Date except as expressly provided for in the Amendment Agreement and as contemplated by Section 3.16 hereof and (b) such Obligations are in all respects continuing (except as expressly provided for in the Amendment Agreement and as contemplated by Section 3.16 hereof) with only the terms being modified as provided in this Agreement and the other Loan Documents. The parties hereto further acknowledge and agree that (i) the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of the Obligations (under and as defined in the Existing Credit Agreement) are in all respects continuing and in full force and effect with respect to all Obligations and (ii) all references in the other Loan Documents to the Existing Credit Agreement shall be deemed to refer without further amendment to this Agreement. In addition, unless specifically amended hereby, each of the Loan Documents and Exhibits and Schedules to the Existing Credit Agreement shall continue in full force and effect and, if applicable, in the forms attached to the Existing Credit Agreement, and with the effect that from and after the Restatement Date all references therein shall be references to this Agreement.. 146

Effect of Restatement. This Agreement shallLease shall be effective as of, except and the Second A&R Lease shall be amended and restated as otherwise expressly set forth hereinin this Lease on, supersede the Existing Credit Agreement from and after the Restatement Date and from and after the Restatement Funding Date with respect to the Loans and Letters of Credit outstanding under the Existing Credit Agreement as of the Restatement Date and as of the Restatement Funding Date. The parties hereto acknowledge and agree, however, that (a) this Agreement Lease and all the other Loan Restated Operative Documents executed and delivered herewith do not constitute a novation, payment and reborrowing novation or termination of the Obligations (under and as defined in the Existing Credit Agreement) and Second A&R Lease or under the other Loan Operative Documents as in effect immediately prior to the Restatement Date except as expressly provided for in the Amendment Agreement and as contemplated by Section 3.16 hereof and Date, (b) such Obligations are in all respects continuing (except as expressly provided for in the Amendment Agreement and as contemplated by Section 3.16 hereof) with only the terms being modified from and after the Restatement Date as provided in this Agreement Lease and the other Loan Restated Operative Documents. The parties hereto further acknowledge and agree that , (ic) the Guaranty, as amended and restated as of the Restatement Date, is in all respects continuing and remains in full force and effect with respect to all Liabilities (as defined therein), (d) except as provided for in, or contemplated by, the Restated Operative Documents, the mortgage, liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties Lessor securing payment of the such Obligations (under and as defined in the Existing Credit Agreement) are in all respects continuing and in full force and effect with respect to all Obligations Obligations, (e) nothing contained in any Restated Operative Document shall terminate, nullify or otherwise modify the terms or scope of any consent granted to the Lessee or any Guarantor prior to the Restatement Date in connection with the Second A&R Lease or any other Operative Document pursuant to any consent agreement or similar agreement entered into by the Lessee, the Administrative Agent, and the requisite Participants party thereto, and (iif) except to the extent the context requires otherwise, from and after the Restatement Date, all references in the other Loan Operative Documents to the Existing Credit Agreement “Lease” and all other references in the other Operative Documents originally applicable to the Second A&R Lease shall be deemed to refer without further amendment to this AgreementLease, as amended, restated, supplemented or otherwise modified from time to time in accordance with the terms hereof. In additionWitness Whereof, unless specifically amended hereby, each the parties have caused this Third Amended and Restated Lease and Remedies Agreement to be duly executed and delivered as of the Loan Documents date first above written. Old Saw Mill Holdings LLC, as Lessee By: /s/ Lxxxxxx X. Xxxxxx Name: Lxxxxxx X. Xxxxxx Title: Treasurer BA Leasing BSC, LLC, a Delaware limited liability company, as Lessor By: /s/ Exxx X. Xxxxx Name: Exxx X. Xxxxx Title: Vice President Exhibit A To Third Amended and Exhibits Restated Lease and Schedules to the Existing Credit Remedies Agreement shall continue in full force Description of Leased Property TRACT I: ALL that certain plot, piece of land, situate, lying and effect and, if applicable, being in the forms attached to the Existing Credit AgreementTown of Greenburgh, County of Westchester, and with State of New York, being designated as Lot P-2 on a certain map entitled “Final Subdivision Plat prepared for Eastview Holdings LLC of premises located at Old Saw Mill River Road and NYS Route 9A, Town of Greenburgh, Westchester County, New York Scale 1“=100’” prepared by Jxxx Xxxxx Consulting, PC, dated March 23, 2004 and last revised March 13, 2006, and filed on April 8, 2006 in the effect that Office of the County Clerk of the County of Westchester as Filed Map No. 27754, and being more particularly described as: Beginning at a rebar set on the southwesterly right of way line of Old Saw Mill River Road, where said rebar is located South 35°43’37“West, a distance of 101.93 feet from the intersection formed by the dividing line between the lands n/f BMR-LANDMARK AT EASTVIEW (SBL 116.15-1-2.2 in the Town of Mount Pleasant), and after other lands of BMR-LANDMARK AT EASTVIEW(SBL 116.15-1-2.1 in the Restatement Date all references therein shall be references to this Agreement.Town of Mount Pleasant), thence Running the following courses and distances along the reputed owner Town of Greenburgh

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the Existing Credit Agreement from and after the Restatement Date and from and after the Restatement Funding Date with respect to the Loans and Letters of Credit outstanding under the Existing Credit Agreement as of the Restatement Date and as of the Restatement Funding Date. The parties hereto acknowledge and agree, however, that (a) this Agreement and all other Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing novation or termination of the Obligations (under and as defined in the Existing Credit Agreement) and the other Loan Documents as in effect prior to the Restatement Date except as expressly provided for in to the Amendment Agreement and as contemplated by Section 3.16 hereof extent such Obligations are repaid on the Restatement Date and (b) such Obligations are in all respects continuing (except as expressly provided for in the Amendment Agreement and as contemplated by Section 3.16 hereof) with only the terms being modified as provided in this Agreement and the other Loan Documents. The parties hereto further acknowledge and agree that (i) the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of the Obligations (under and as defined in the Existing Credit Agreement) are in all respects continuing and in full force and effect with respect to all Obligations and (ii) all references in the other Loan Documents to the Existing Credit Agreement shall be deemed to refer without further amendment to this Agreement. In addition, unless specifically amended hereby, each of the Loan Documents and Exhibits and Schedules to the Existing Credit Agreement shall continue in full force and effect and, if applicable, in the forms attached to the Existing Credit Agreement, and with the effect that from and after the Restatement Date all references therein shall be references to this Agreement.. [Remainder of page intentionally left blank] Annex B Amended and Restated Schedules SCHEDULE 1.01(a) TO CREDIT AND GUARANTY AGREEMENT Tranche B-1 Term Loan Commitments [ON FILE WITH ADMINISTRATIVE AGENT] SCHEDULE 1.01(a)-1 SCHEDULE 1.01(b) TO CREDIT AND GUARANTY AGREEMENT Tranche B-2 Term Loan Commitments [ON FILE WITH ADMINISTRATIVE AGENT] SCHEDULE 1.01(b)-1 SCHEDULE 1.01(c) TO CREDIT AND GUARANTY AGREEMENT U.S. Revolving Commitments [ON FILE WITH ADMINISTRATIVE AGENT] Canadian Revolving Commitments [ON FILE WITH ADMINISTRATIVE AGENT] SCHEDULE 1.01(c)-1 SCHEDULE 1.01(d) TO CREDIT AND GUARANTY AGREEMENT Notice Addresses If to any Loan Party: Fairmount Minerals, Ltd. 0000 Xxxxxxxx Xxxx Chesterland, Ohio 44026 Attn: Xxxxxxxxx Xxxxxxx Facsimile: (000) 000-0000 in each case, with a copy to: American Securities LLC 000 Xxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, XX 00000 Attn: Xxxx X. Xxxxxxxxx Facsimile: (000) 000-0000 and Xxxx Xxxxxxx LLP 000 Xxxx Xxxxxx Xxx Xxxx, XX 00000 Attn: Xxxxxxx X. Xxxxxxx, Esq. Facsimile: (000) 000-0000 SCHEDULE 1.01(d)-1 BARCLAYS BANK PLC, as Administrative Agent, Revolving Administrative Agent, Collateral Agent, and a Lender: Barclays Bank PLC 000 Xxxxxxx Xxx Xxx Xxxx, XX 00000 Attention: Xxxxxxx Xxxxxxxxxx Facsimile: 000-000-0000 Telephone: 000-000-0000 Email: xxxxxxx.xxxxxxxxxx@xxxxxxxx.xxx / xxxxx@xxxxxxxx.xxx with a copy to (for payments and requests for credit extensions: Barclays Bank PLC 0000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 Attention: Xxx Xxxxxxx / Barclays Agency Services Facsimile: 000-000-0000 Telephone: 000-000-0000 Email: xxx.xxxxxxx@xxxxxxxx.xxx / xxxxxxxxxxxx0@xxxxxxxx.xxx SCHEDULE 1.01(d)-2 KEYBANK NATIONAL ASSOCIATION, as Syndication Agent and a Lender: KeyBank National Association 000 Xxxxxx Xxxxxx Xxxxxxxxx, XX 00000 Attn: Xxxx Xxxxxxx Telephone: 000-000-0000 Facsimile: 000-000-0000 Email: xxxxxxxx@xxx.xxx With a copy to KeyBank National Association 0000 Xxxxxxxx Xxxx Brooklyn, OH 44144 Attn: Xxxxx Xxxxxxx, Key Agency Services Telephone: 000-000-0000 Facsimile: 000-000-0000 Email: xxxxx_x_xxxxxxx@xxxxxxx.xxx Principal Office with regard to Dollar and Canadian Dollar denominated Loans: KeyBank National Association 0000 Xxxxxxxx Xxxx Brooklyn, OH 44144 Attn: Xxxxx Xxxxxxx, Key Agency Services Telephone: 000-000-0000 Facsimile: 000-000-0000 Email: xxxxx_x_xxxxxxx@xxxxxxx.xxx SCHEDULE 1.01(d)-3 SCHEDULE 4.01 TO CREDIT AND GUARANTY AGREEMENT Jurisdictions of Organization and Qualification Name of Entity Jurisdiction of Organization Alpha Resins, LLC Ohio Best Sand Corporation Ohio Best Sand of Pennsylvania, Inc. Ohio Black Lab LLC Ohio Cheyenne Sand Corp. Michigan Construction Aggregates Corporation of Michigan, Inc. Michigan Fairmount Minerals, LLC Ohio Fairmount Water Solutions, LLC Ohio Fairmount Minerals Holdings, Inc. Delaware Fairmount Minerals, Ltd. Delaware FML Sand, LLC Ohio FML Resin, LLC Ohio FML Terminal Logistics, LLC Ohio FML Alabama Resin, Inc. Ohio Mineral Visions Inc. Ohio Self-Suspending Proppant LLC Delaware Shakopee Sand LLC Minnesota Specialty Sands, Inc. Michigan Standard Sand Corporation Michigan Technimat LLC Ohio TechniSand, Inc. Delaware Wedron Silica Company Ohio Wexford Sand Co. Michigan Wisconsin Industrial Sand Company, L.L.C. Delaware Wisconsin Specialty Sands, Inc. Texas Fairmount Minerals Sales de Mexico, S. de X.X. de C.V. Mexico Lake Shore Sand Company (Ontario) Ltd. Ontario, Canada Santrol de Mexico, S. de X.X. de C.V. Mexico Santrol Europe ApS Denmark Santrol (Tianjin) Proppant Co., Ltd. China Santrol (Yixing) Proppant Co., Ltd. China Technisand Canada Sales, Ltd. British Columbia SCHEDULE 4.02 TO CREDIT AND GUARANTY AGREEMENT Equity Interests and Ownership Ownership Interests: Fairmount Minerals, Ltd.: Stockholder Ownership Percentage Fairmount Minerals Holdings, Inc. 100 % Lake Shore Sand Company (Ontario) Ltd.: Shareholder Ownership Percentage Cheyenne Sand Corp. 100 % Best Sand Corporation: Shareholder Ownership Percentage Fairmount Minerals, Ltd. 100 % Best Sand of Pennsylvania, Inc.: Shareholder Ownership Percentage Best Sand Corporation 100 % Cheyenne Sand Corp.: Shareholder Ownership Percentage Fairmount Minerals, Ltd. 100 % Standard Sand Corporation: Shareholder Ownership Percentage Cheyenne Sand Corp. 100 % Construction Aggregates Corporation of Michigan, Inc.: Shareholder Ownership Percentage Cheyenne Sand Corp. 100 % Specialty Sands, Inc.: Shareholder Ownership Percentage Cheyenne Sand Corp. 100 % Schedule 4.02 - 1 Wedron Silica Company: Shareholder Ownership Percentage Fairmount Minerals, Ltd. 100 % Wexford Sand Co.: Shareholder Ownership Percentage Fairmount Minerals, Ltd. 100 % Mineral Visions Inc.: Shareholder Ownership Percentage Fairmount Minerals, Ltd. 100 % Fairmount Water Solutions, LLC: Member Membership Interests Fairmount Minerals, Ltd. 100 % TechniSand, Inc.: Stockholder Ownership Percentage Fairmount Minerals, Ltd. 100 % Wisconsin Industrial Sand Company, L.L.C.: Member LLC Interests TechniSand, Inc. 100 % Wisconsin Specialty Sands, Inc.: Shareholder Ownership Percentage Wisconsin Industrial Sand Company, L.L.C. 100 % Technimat LLC: Member Membership Interests TechniSand, Inc. 90 % Fairmount Minerals, LLC: Member Membership Interests Fairmount Minerals, Ltd. 100 % Alpha Resins, LLC: Member Membership Interests Technisand, Inc. 100 % Black Lab LLC: Member Membership Interests Fairmount Minerals, Ltd. 100 % Self-Suspending Proppant, LLC: Member Membership Interests Fairmount Minerals, Ltd. 100 %*** *** Fairmount Minerals, Ltd.’s share ownership could be reduced in the event certain earn-out calculation thresholds are not met in the future. Shakopee Sand LLC: Member Membership Interests Fairmount Minerals, Ltd. 100 % FML Sand, LLC: Member Membership Interests Fairmount Minerals, Ltd. 100 % FML Resin, LLC: Member Membership Interests Fairmount Minerals, Ltd. 100 % FML Terminal Logistics, LLC: Member Membership Interests Fairmount Minerals, Ltd. 100 % FML Alabama Resin, Inc.: Member Ownership Percentage Fairmount Minerals, Ltd. 100 % Santrol (Yixing) Proppant Company, Ltd.: Shareholder Interests Technimat LLC 70 % Schedule 4.02 - 3 Santrol (Tianjin) Proppant Company, Ltd.: Shareholder Interests Technimat LLC 70 % Fairmount Minerals Sales de Mexico, S. de X.X. de C.V.: Shareholder Quota in the Capital Fairmount Minerals, Ltd. 99.67 % TechniSand, Inc. .33 % Santrol de Mexico, S. de X.X. de C.V.: Shareholder Series A Equity Quota (fixed and variable) Series B Equity Quota (fixed) Fairmount Minerals Sales de Mexico, S. de X.X. de C.V. 99.985 % — Fairmount Minerals, Ltd. — 0.015 % Santrol Europe ApS: Shareholder Interests Technisand Inc. 100 % Technisand Canada Sales, Ltd.: Shareholder Ownership Percentage Technisand Inc. 100 % SCHEDULE 4.13 TO CREDIT AND GUARANTY AGREEMENT Real Estate Assets

Effect of Restatement. This Agreement shallLease shall be effective as of, except and the Previously Existing Lease shall be amended and restated as otherwise expressly set forth hereinin this Lease on, supersede the Existing Credit Agreement from and after the Restatement Date and from and after the Restatement Funding Date with respect to the Loans and Letters of Credit outstanding under the Existing Credit Agreement as of the Restatement Date and as of the Restatement Funding Date. The parties hereto acknowledge and agree, however, that (a) this Agreement Lease and all the other Loan Restated Operative Documents executed and delivered herewith do not constitute a novation, payment and reborrowing novation or termination of the Obligations (under and as defined in the Previously Existing Credit Agreement) and Lease or under the other Loan Operative Documents as in effect immediately prior to the Restatement Date except as expressly provided for in the Amendment Agreement and as contemplated by Section 3.16 hereof and Date, (b) such Obligations are in all respects continuing (except as expressly provided for in the Amendment Agreement and as contemplated by Section 3.16 hereof) with only the terms being modified from and after the Restatement Date as provided in this Agreement Lease and the other Loan Restated Operative Documents. The parties hereto further acknowledge and agree that , (ic) the Guaranty, as amended and restated as of the Restatement Date, is in all respects continuing and remains in full force and effect with respect to all Liabilities (as defined therein), (d) except as provided for in, or contemplated by, the Restated Operative Documents, the mortgage, liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties Lessor securing payment of the such Obligations (under and as defined in the Existing Credit Agreement) are in all respects continuing and in full force and effect with respect to all Obligations Obligations, (e) nothing contained in any Restated Operative Document shall terminate, nullify or otherwise modify the terms or scope of any consent granted to the Lessee or any Guarantor prior to the Restatement Date in connection with the Previously Existing Lease or any other Operative Document pursuant to any consent agreement or similar agreement entered into by the Lessee, the Administrative Agent, and the requisite Participants party thereto, and (iif) except to the extent the context requires otherwise, from and after the Restatement Date, all references in the other Loan Operative Documents to the “Lease” and all other references in the other Operative Documents originally applicable to the Previously Existing Credit Agreement Lease shall be deemed to refer without further amendment to this AgreementLease, as amended, restated, supplemented or otherwise modified from time to time in accordance with the terms hereof. In additionWitness Whereof, unless specifically amended hereby, each the parties have caused this Second Amended and Restated Lease and Remedies Agreement to be duly executed and delivered as of the Loan Documents date first above written. Old Saw Mill Holdings LLC, as Lessee By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Treasurer BA Leasing BSC, LLC, a Delaware limited liability company, as Lessor By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: Vice President Exhibit A To Second Amended and Exhibits Restated Lease and Schedules to the Existing Credit Remedies Agreement shall continue in full force Description of Leased Property TRACT I: ALL that certain plot, piece of land, situate, lying and effect and, if applicable, being in the forms attached to the Existing Credit AgreementTown of Greenburgh, County of Westchester, and with State of New York, being designated as Lot P-2 on a certain map entitled "Final Subdivision Plat prepared for Eastview Holdings LLC of premises located at Old Saw Mill River Road and NYS Route 9A, Town of Greenburgh, Westchester County, New York Scale 1"=100'" prepared by Xxxx Xxxxx Consulting, PC, dated March 23, 2004 and last revised March 13, 2006, and filed on April 8, 2006 in the effect that Office of the County Clerk of the County of Westchester as Filed Map No. 27754, and being more particularly described as: Beginning at a rebar set on the southwesterly right of way line of Old Saw Mill River Road, where said rebar is located South 35°43'37"West, a distance of 101.93 feet from the intersection formed by the dividing line between the lands n/f BMR-LANDMARK AT EASTVIEW (SBL 116.15-1-2.2 in the Town of Mount Pleasant), and after other lands of BMR-LANDMARK AT EASTVIEW(SBL 116.15-1-2.1 in the Restatement Date all references therein shall be references to this Agreement.Town of Mount Pleasant), thence Running the following courses and distances along the reputed owner Town of Greenburgh

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, shall become effective on the Effective Date and shall supersede all provisions of the Existing Credit Agreement from and after the Restatement Date and from and after the Restatement Funding Date with respect to the Loans and Letters of Credit outstanding under the Existing Credit Letter Loan Agreement as of the Restatement Date and as of the Restatement Funding Datesuch date. The parties hereto acknowledge and agree, however, that (a) this Agreement and all other Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations (under and as defined in the Existing Credit Agreement) and the other Loan Documents as in effect prior to the Restatement Date except as expressly provided for in the Amendment Agreement and as contemplated by Section 3.16 hereof and (b) such Obligations are in all respects continuing (except as expressly provided for in the Amendment Agreement and as contemplated by Section 3.16 hereof) with only the terms being modified as provided in this Agreement and the other Loan Documents. The parties hereto further acknowledge and agree that (i) the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of the Obligations (under and as defined in the Existing Credit Agreement) are in all respects continuing and in full force and effect with respect to all Obligations and (ii) all All references in the other Loan Documents made to the Existing Credit Letter Loan Agreement shall in any Loan Document or in any other instrument or document shall, without more, be deemed to refer without further amendment to this Agreement. In additionThis Agreement amends and restates the Existing Letter Loan Agreement and is not intended to be or operate as a novation or an accord and satisfaction of the Existing Letter Loan Agreement or the indebtedness, unless specifically obligations and liabilities of the Borrower or any Guarantor evidenced or provided for thereunder. Notwithstanding anything contained herein, this Agreement is not intended to and does not serve to effect a novation of the “Obligations” pursuant to the Existing Letter Loan Agreement. Instead, it is the express intention of the parties hereto to reaffirm the Loan created under the Existing Letter Loan Agreement and secured by the Collateral. The Borrower and each Guarantor acknowledges and confirms the Liens and security interests granted pursuant to the Loan Documents secure the indebtedness, liabilities and obligations of the Borrower and the Guarantors to the Bank under the Existing Letter Loan Agreement, as amended and restated hereby, and that the term “Obligations” as used in the Loan Documents (or any other term used therein to describe or refer to the indebtedness, liabilities and obligations of the Borrower or any Guarantor to the Bank) includes, without limitation, the indebtedness, liabilities and obligations of the Borrower under the Existing Letter Loan Agreement, as amended and restated hereby, as the same may be further amended, restated, supplemented or otherwise modified from time to time. The Borrower and each Guarantor hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Loan Documents to which it is a party (after giving effect hereto) and Exhibits (ii) ratifies and Schedules to reaffirms that such grant of hypothecs, security interests and Liens and confirms and agrees that such security interests and Liens hereafter secure all of the Existing Credit Agreement shall continue in full force and effect and, if applicable, in the forms attached to the Existing Credit Agreement, and with the effect that from and after the Restatement Date all references therein shall be references to this AgreementObligations as amended hereby.

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the Existing Credit Agreement from and after the Restatement Date and from and after the Restatement Funding Date with respect to the Loans and Letters of Credit outstanding under the Existing Credit Agreement as of the Restatement Date and as of the Restatement Funding Date. The parties hereto acknowledge and agree, however, that (a) this Agreement and all other Loan Documents executed and delivered herewith do not constitute a 133 novation, payment and reborrowing or termination of the Obligations (under and as defined in the Existing Credit Agreement) and the other Loan Documents as in effect prior to the Restatement Date except as expressly provided for in the Amendment Agreement and as contemplated by Section 3.16 hereof and (b) such Obligations are in all respects continuing (except as expressly provided for in the Amendment Agreement and as contemplated by Section 3.16 hereof) with only the terms being modified as provided in this Agreement and the other Loan Documents. The parties hereto further acknowledge and agree that (i) the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of the Obligations (under and as defined in the Existing Credit Agreement) are in all respects continuing and in full force and effect with respect to all Obligations and (ii) all references in the other Loan Documents to the Existing Credit Agreement shall be deemed to refer without further amendment to this Agreement. In addition, unless specifically amended hereby, each of the Loan Documents and Exhibits and Schedules to the Existing Credit Agreement shall continue in full force and effect and, if applicable, in the forms attached to the Existing Credit Agreement, and with the effect that from and after the Restatement Date all references therein shall be references to this Agreement.

Effect of Restatement. This Upon the effectiveness of this Agreement shall, on --------------------- the Effective Date pursuant to Section 8.1: (a) except as otherwise expressly set forth ----------- herein, supersede the Existing Credit Agreement from all terms and after the Restatement Date and from and after the Restatement Funding Date with respect to the Loans and Letters of Credit outstanding under the Existing Credit Agreement as conditions of the Restatement Date and as of the Restatement Funding Date. The parties hereto acknowledge and agree, however, that (a) this Original Loan Agreement and all other Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations (under and as defined in the Existing Credit Agreement) and the other Loan Documents as in effect prior to the Restatement Date except as expressly provided for in the Amendment Agreement shall be and as contemplated by Section 3.16 hereof and (b) such Obligations are in all respects continuing (except as expressly provided for in the Amendment Agreement and as contemplated by Section 3.16 hereof) with only the terms being modified as provided in this Agreement and the other Loan Documents. The parties hereto further acknowledge and agree that (i) the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of the Obligations (under and as defined in the Existing Credit Agreement) are in all respects continuing and remain in full force and effect and shall constitute the legal, valid, binding and enforceable obligations of Borrower to Lenders and the Agent; (b) the terms and conditions of the Original Loan Agreement shall be amended as set forth herein and, as so amended, shall be restated in their entirety, but only with respect to the rights, duties and obligations among the Agent, the Lenders and Borrower accruing from and after the Effective Date; (c) this Agreement shall not in any way release or impair the rights, duties, Obligations or Liens created pursuant to the Original Loan Agreement or any other Loan Document or affect the relative priorities thereof, in each case to the extent in force and effect thereunder as of the Effective Date and except as modified hereby or by documents, instruments and agreements executed and delivered in connection herewith, and all of such rights, duties, Obligations and Liens are assumed, ratified and affirmed by Borrower; (iid) all references in indemnification obligations of Borrower under the Original Loan Agreement and any other Loan Documents to shall survive the Existing Credit execution and delivery of this Agreement shall be deemed to refer without further amendment to this Agreement. In addition, unless specifically amended hereby, each of the Loan Documents and Exhibits and Schedules to the Existing Credit Agreement shall continue in full force and effect and, if applicable, in for the forms attached benefit of all lending institutions party to the Existing Credit Original Loan Agreement at any time prior to the Effective Date (including, without limitation, to the extent set forth in Section 11.10 of the Original Loan Agreement as in effect on the Effective Date); (e) the Obligations incurred under the Original Loan Agreement shall, to the extent outstanding on the Effective Date, continue outstanding under this Agreement and shall not be deemed to be paid, released, discharged or otherwise satisfied by the execution of this Agreement, and with this Agreement shall not constitute a refinancing, substitution or novation of such Obligations or any of the effect other rights, duties and obligations of the parties hereunder; (f) the execution, delivery and effectiveness of this Agreement shall not operate as a waiver of any right, power or remedy of the Lenders or the Agent under the Original Loan Agreement, nor constitute a waiver of any covenant, agreement or obligation under the Original Loan Agreement, except to the extent that from any such covenant, agreement or obligation is no longer set forth herein or is modified hereby; and after the Restatement Date (g) any and all references therein in the Loan Documents to the Original Loan Agreement shall, without further action of the parties, be deemed a reference to the Original Loan Agreement, as amended and restated by this Agreement, and as this Agreement shall be references further amended or amended and restated from time to this Agreementtime hereafter.