Common use of NOTICE OF FINAL AGREEMENT Clause in Contracts

NOTICE OF FINAL AGREEMENT. As of the effective date of this Notice, Borrower, Guarantors, and Lender have consummated a transaction pursuant to which Lender has agreed to make a loan or loans to Borrower, to renew and extend an existing loan or loans to Borrower, and to otherwise extend credit or make financial accommodations to or for the benefit of Borrower, in an aggregate amount up to $40,000,000.00 (collectively, whether one or more, the “Loans”). In connection with the Loans, Borrower and Lender and the undersigned Guarantors have executed and delivered and may hereafter execute and deliver certain agreements, instruments, and documents (collectively hereinafter referred to as the “Written Loan Agreement”). It is the intention of Borrower, Lender, and Guarantors that this Notice be incorporated by reference into each of the written agreements, instruments, and documents comprising the Written Loan Agreement. Borrower, Lender, and Guarantors each warrant and represent that the entire agreement made and existing by or among Borrower, Lender, and Guarantors with respect to the Loan is and shall be contained within the Written Loan Agreement, as amended and supplemented hereby, and that no agreements or promises exist or shall exist by or among Borrower, Lender, and Guarantors that are not reflected in the Written Loan Agreement. THE WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN AGREEMENTS BETWEEN THE PARTIES. Effective as of the date stated above. ACKNOWLEDGED AND AGREED: /s/ Xxxx X. Xxxxxxxxx XXXX X. XXXXXXXXX /s/ Xxxxxx X. Xxxxxxxxx XXXXXX X. XXXXXXXXX

NOTICE OF FINAL AGREEMENT. As of the effective date of this Notice, BorrowerBorrowers, Guarantors, and Lender have consummated a transaction pursuant to which Lender has agreed to make a loan or loans to BorrowerBorrowers, to renew and extend an existing loan or loans to BorrowerBorrowers, and to otherwise extend credit or make financial accommodations to or for the benefit of BorrowerBorrowers, in an aggregate amount up to $40,000,000.00 17,807,269.78 (collectively, whether one or more, the “Loans”). In connection with the Loans, Borrower Borrowers and Lender and the undersigned Guarantors have executed and delivered and may hereafter execute and deliver certain agreements, instruments, and documents (collectively hereinafter referred to as the “Written Loan Agreement”). It is the intention of BorrowerBorrowers, Lender, and Guarantors that this Notice be incorporated by reference into each of the written agreements, instruments, and documents comprising the Written Loan Agreement. BorrowerBorrowers, Lender, and Guarantors each warrant and represent that the entire agreement made and existing by or among BorrowerBorrowers, Lender, and Guarantors with respect to the Loan is and shall be contained within the Written Loan Agreement, as amended and supplemented hereby, and that no agreements or promises exist or shall exist by or among BorrowerBorrowers, Lender, and Guarantors that are not reflected in the Written Loan Agreement. THE WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN AGREEMENTS BETWEEN THE PARTIES. Effective as of the date stated aboveDate: February 9, 2016. ACKNOWLEDGED AND AGREED: GUARANTORS: DENETZ LOGISTICS, L.L.C., a Texas limited liability company By: /s/ Xxxx X. Xxxxxxxxx Xxxx X. Xxxxxxxxx, Manager /s/ Xxxx Xxxxxx Xxxxxxxxx Xxxx Xxxxxx Xxxxxxxxx, as co-trustee of the XXXX X. XXXXXX XXXXXXXXX TRUST created under Trust Agreement dated December 14, 2012 /s/ Xxxxxxx Xxx Xxxxxxxxx Xxxxxxx Xxx Xxxxxxxxx, as co-trustee of the XXXX XXXXXX XXXXXXXXX TRUST created under Trust Agreement dated December 14, 2012 /s/ Xxxx Xxxxxx Xxxxxxxxx Xxxx Xxxxxx Xxxxxxxxx, as co-trustee of the XXXX XXXXX XXXXXXXXX TRUST created under Trust Agreement dated December 14, 2012 /s/ Xxxxxxx Xxx Xxxxxxxxx Xxxxxxx Xxx Xxxxxxxxx, as co-trustee of the XXXX XXXXX XXXXXXXXX TRUST created under Trust Agreement dated December 14, 2012 FUTURE NEW DEAL, LTD., a Texas limited partnership By: Future New Deal II, LLC, Its general partner By: /s/ Xxxx Xxxxxxxxx Xxxx Xxxxxxxxx, Manager /s/ Xxxxxx X. Xxxxxxxxx Xxxxxx X. Xxxxxxxxx, as co-trustee of the XXXXXXXXXXX XXXXXX XXXXXXXXX TRUST created under Trust Agreement dated December 18, 2012 /s/ Xxxxx Xxxx Xxxxxxxxx Xxxxx Xxxx Xxxxxxxxx, as co-trustee of the XXXXXXXXXXX XXXXXX XXXXXXXXX TRUST created under Trust Agreement dated December 18, 2012 /s/ Xxxxxx X. XXXXXXXXXXxxxxxxxx Xxxxxx X. Xxxxxxxxx, as co-trustee of the CLAIRE XXX XXXXXXXXX TRUST created under Trust Agreement dated December 18, 2012 /s/ Xxxxx Xxxx Xxxxxxxxx Xxxxx Xxxx Xxxxxxxxx, as co-trustee of the CLAIRE XXX XXXXXXXXX TRUST created under Trust Agreement dated December 18, 2012 M & J PARTNERSHIP, LTD., a Texas limited partnership By: T.Y.F. Holdings, LLC, Its general partner By: /s/ Xxxxxx X. Xxxxxxxxx Xxxxxx X. Xxxxxxxxx, Manager

NOTICE OF FINAL AGREEMENT. As of the effective date of this Notice, Borrower, Guarantors, and Lender have consummated a transaction pursuant to which Lender has agreed to make a loan or loans to Borrower, to renew and extend an existing loan or loans to Borrower, and to otherwise extend credit or make financial accommodations to or for the benefit of Borrower, in an aggregate amount up to $40,000,000.00 (collectively, whether one or more, the “Loans”). In connection with the Loans, Borrower and Lender and the undersigned Guarantors have executed and delivered and may hereafter execute and deliver certain agreements, instruments, and documents (collectively hereinafter referred to as the “Written Loan Agreement”). It is the intention of Borrower, Lender, and Guarantors that this Notice be incorporated by reference into each of the written agreements, instruments, and documents comprising the Written Loan Agreement. Borrower, Lender, and Guarantors each warrant and represent that the entire agreement made and existing by or among Borrower, Lender, and Guarantors with respect to the Loan is and shall be contained within the Written Loan Agreement, as amended and supplemented hereby, and that no agreements or promises exist or shall exist by or among Borrower, Lender, and Guarantors that are not reflected in the Written Loan Agreement. THE WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN AGREEMENTS BETWEEN THE PARTIES. Effective as of the date stated above. ACKNOWLEDGED AND AGREED: XXXXXXXX PROSPECTS HOLDING COMPANY, L.L.C. By: /s/ Xxxx X. Xxxxxxxxx Xxxx X. Xxxxxxxxx, Manager XXXXXXXX PROSPECTS MANAGEMENT, L.L.C., a Texas limited liability company By: VPROP Operating, LLC, a Delaware limited liability company, its sole member By: Vista Proppants and Logistics, LLC, a Delaware limited liability company, its sole member By: /s/ Xxxx X. Xxxxxxxxx Xxxx X. Xxxxxxxxx Chief Executive Officer /s/ Xxxx Xxxxxx Xxxxxxxxx Xxxx Xxxxxx Xxxxxxxxx, as co-trustee of the XXXX XXXXXX XXXXXXXXX TRUST created under Trust Agreement dated December 14, 2012 /s/ Xxxxxxx Xxx Xxxxxxxxx Xxxxxxx Xxx Xxxxxxxxx, as co-trustee of the XXXX XXXXXX XXXXXXXXX TRUST created under Trust Agreement dated December 14, 2012 /s/ Xxxx Xxxxxx Xxxxxxxxx Xxxx Xxxxxx Xxxxxxxxx, as co-trustee of the XXXX XXXXX XXXXXXXXX TRUST created under Trust Agreement dated December 14, 2012 /s/ Xxxxxxx Xxx Xxxxxxxxx Xxxxxxx Xxx Xxxxxxxxx, as co-trustee of the XXXX XXXXX XXXXXXXXX TRUST created under Trust Agreement dated December 14, 2012 FUTURE NEW DEAL, LTD., a Texas limited partnership By: Future New Deal II, LLC, Its general partner By: /s/ Xxxx X. XXXXXXXXX Xxxxxxxxx Xxxx X. Xxxxxxxxx, Manager FUTURE NEW DEAL II, LLC, By: /s/ Xxxx X. Xxxxxxxxx Xxxx X. Xxxxxxxxx, Manager /s/ Xxxxxx X. Xxxxxxxxx Xxxxxx X. Xxxxxxxxx, as co-trustee of the XXXXXXXXXXX XXXXXX XXXXXXXXX TRUST created under Trust Agreement dated December 18, 2012 /s/ Xxxxx Xxxx Xxxxxxxxx Xxxxx Xxxx Xxxxxxxxx, as co-trustee of the XXXXXXXXXXX XXXXXX XXXXXXXXX TRUST created under Trust Agreement dated December 18, 2012 /s/ Xxxxxx X. XXXXXXXXXXxxxxxxxx Xxxxxx X. Xxxxxxxxx, as co-trustee of the CLAIRE XXX XXXXXXXXX TRUST created under Trust Agreement dated December 18, 2012 /s/ Xxxxx Xxxx Xxxxxxxxx Xxxxx Xxxx Xxxxxxxxx, as co-trustee of the CLAIRE XXX XXXXXXXXX TRUST created under Trust Agreement dated December 18, 2012 M & J PARTNERSHIP, LTD., a Texas limited partnership By: T.Y.F. Holdings, LLC, Its general partner By: /s/ Xxxxxx X. Xxxxxxxxx Xxxxxx X. Xxxxxxxxx, Manager T.Y.F. HOLDINGS, LLC, By: /s/ Xxxxxx X. Xxxxxxxxx Xxxxxx X. Xxxxxxxxx, Manager

NOTICE OF FINAL AGREEMENT. As of the effective date of this Notice, Borrower, Guarantors, and Lender have consummated a transaction pursuant to which Lender has agreed to make a loan or loans to Borrower, to renew and extend an existing loan or loans to Borrower, and to otherwise extend credit or make financial accommodations to or for the benefit of Borrower, in an aggregate amount up to $40,000,000.00 60,000,000.00 (collectively, whether one or more, the “Loans”). In connection with the Loans, Borrower and Lender and the undersigned Guarantors have executed and delivered and may hereafter execute and deliver certain agreements, instruments, and documents (collectively hereinafter referred to as the “Written Loan Agreement”). It is the intention of Borrower, Lender, and Guarantors that this Notice be incorporated by reference into each of the written agreements, instruments, and documents comprising the Written Loan Agreement. Borrower, Lender, and Guarantors each warrant and represent that the entire agreement made and existing by or among Borrower, Lender, and Guarantors with respect to the Loan is and shall be contained within the Written Loan Agreement, as amended and supplemented hereby, and that no agreements or promises exist or shall exist by or among Borrower, Lender, and Guarantors that are not reflected in the Written Loan Agreement. THE WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN AGREEMENTS BETWEEN THE PARTIES. Effective as of the date stated above. ACKNOWLEDGED AND AGREED: /s/ Xxxx X. Xxxxxxxxx XXXX X. XXXXXXXXX /s/ Xxxxxx X. Xxxxxxxxx XXXXXX X. XXXXXXXXX

NOTICE OF FINAL AGREEMENT. To: White Electronic Designs Corporation 3601 Xxxx Xxxxxxxxxx Xxxxx Xxxxxxx, XX 00000 (collectively, whether one or more, "BORROWER") As of the effective date of this Notice, BorrowerBorrower and BANK ONE, GuarantorsTEXAS, and Lender NATIONAL ASSOCIATION ("BANK") have consummated a transaction pursuant to which Lender Bank has agreed to make a loan or loans to Borrower, to renew and extend an existing loan or loans to Borrower, and Borrower and/or to otherwise extend credit or make financial accommodations to or for the benefit of Borrower, in an aggregate amount up to $40,000,000.00 14,303,983.96 (collectively, whether one or more, the “Loans”"LOAN"). In connection with the LoansLoan, Borrower and Lender Bank and the undersigned Guarantors guarantors and other obligors, if any (collectively, whether one or more, "OTHER OBLIGORS") have executed and delivered and may hereafter execute and deliver certain agreements, instruments, instruments and documents (collectively hereinafter referred to as the “Written Loan Agreement”"WRITTEN LOAN AGREEMENT"). It is the intention of Borrower, Lender, Bank and Guarantors Other Obligors that this Notice be incorporated by reference into each of the written agreements, instruments, instruments and documents comprising the Written Loan Agreement. Borrower, Lender, Bank and Guarantors Other Obligors each warrant warrants and represent represents that the entire agreement made and existing by or among Borrower, Lender, Bank and Guarantors Other Obligors with respect to the Loan is and shall be contained within the Written Loan Agreement, as amended and supplemented hereby, and that no agreements or promises exist or shall exist by or among among, Borrower, Lender, Bank and Guarantors Other Obligors that are not reflected in the Written Loan Agreement. THE WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. Effective as of the date stated aboveDate: June __, 2000. BANK ONE, TEXAS, NATIONAL ASSOCIATION By:__________________________ Larrx X. Xxxxxx, Xxce President ACKNOWLEDGED AND AGREED: /s/ Xxxx BORROWER: White Electronic Designs Corporation By: ____________________________ Hamix X. Xxxxxxxxx XXXX Xxxxxxxxxx, Xxesident OTHER OBLIGORS: Electronic Designs, Inc. By: ___________________________ Hamix X. XXXXXXXXX /s/ Xxxxxx X. Xxxxxxxxx XXXXXX X. XXXXXXXXXXxxxxxxxxx, Xxesident

NOTICE OF FINAL AGREEMENT. As of the effective date of this Notice, Borrower, Guarantors, and Lender have consummated a transaction pursuant to which Lender has agreed to make a loan or loans to Borrower, to renew and extend an existing loan or loans to Borrower, and to otherwise extend credit or make financial accommodations to or for the benefit of Borrower, in an aggregate amount up to $40,000,000.00 60,000,000.00 (collectively, whether one or more, the “Loans”). In connection with the Loans, Borrower and Lender and the undersigned Guarantors have executed and delivered and may hereafter execute and deliver certain agreements, instruments, and documents (collectively hereinafter referred to as the “Written Loan Agreement”). It is the intention of Borrower, Lender, and Guarantors that this Notice be incorporated by reference into each of the written agreements, instruments, and documents comprising the Written Loan Agreement. Borrower, Lender, and Guarantors each warrant and represent that the entire agreement made and existing by or among Borrower, Lender, and Guarantors with respect to the Loan is and shall be contained within the Written Loan Agreement, as amended and supplemented hereby, and that no agreements or promises exist or shall exist by or among Borrower, Lender, and Guarantors that are not reflected in the Written Loan Agreement. THE WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN AGREEMENTS BETWEEN THE PARTIES. Effective as of the date stated above. ACKNOWLEDGED AND AGREED: XXXXXXXX PROSPECTS HOLDING COMPANY, L.L.C. By: /s/ Xxxx X. Xxxxxxxxx Xxxx X. Xxxxxxxxx, Manager XXXXXXXX PROSPECTS MANAGEMENT, L.L.C., a Texas limited liability company By: VPROP Operating, LLC, a Delaware limited liability company, its sole member By: Vista Proppants and Logistics, LLC, a Delaware limited liability company, its sole member By: /s/ Xxxx X. Xxxxxxxxx Xxxx X. Xxxxxxxxx, Chief Executive Officer /s/ Xxxx Xxxxxx Xxxxxxxxx Xxxx Xxxxxx Xxxxxxxxx, as co-trustee of the XXXX XXXXXX XXXXXXXXX TRUST created under Trust Agreement dated December 14, 2012 /s/ Xxxxxxx Xxx Xxxxxxxxx Xxxxxxx Xxx Xxxxxxxxx, as co-trustee of the XXXX XXXXXX XXXXXXXXX TRUST created under Trust Agreement dated December 14, 2012 /s/ Xxxx Xxxxxx Xxxxxxxxx Xxxx Xxxxxx Xxxxxxxxx, as co-trustee of the XXXX XXXXX XXXXXXXXX TRUST created under Trust Agreement dated December 14, 2012 /s/ Xxxxxxx Xxx Xxxxxxxxx Xxxxxxx Xxx Xxxxxxxxx, as co-trustee of the XXXX XXXXX XXXXXXXXX TRUST created under Trust Agreement dated December 14, 2012 FUTURE NEW DEAL, LTD., a Texas limited partnership By: Future New Deal II, LLC, its general partner By: /s/ Xxxx X. XXXXXXXXX Xxxxxxxxx Xxxx X. Xxxxxxxxx, Manager FUTURE NEW DEAL II, LLC By: /s/ Xxxx X. Xxxxxxxxx Xxxx X. Xxxxxxxxx, Manager /s/ Xxxxxx X. Xxxxxxxxx Xxxxxx X. Xxxxxxxxx, as co-trustee of the XXXXXXXXXXX XXXXXX XXXXXXXXX TRUST created under Trust Agreement dated December 18, 2012 /s/ Xxxxx Xxxx Xxxxxxxxx Xxxxx Xxxx Xxxxxxxxx, as co-trustee of the XXXXXXXXXXX XXXXXX XXXXXXXXX TRUST created under Trust Agreement dated December 18, 2012 /s/ Xxxxxx X. XXXXXXXXXXxxxxxxxx Xxxxxx X. Xxxxxxxxx, as co-trustee of the CLAIRE XXX XXXXXXXXX TRUST created under Trust Agreement dated December 18, 2012 /s/ Xxxxx Xxxx Xxxxxxxxx Xxxxx Xxxx Xxxxxxxxx, as co-trustee of the CLAIRE XXX XXXXXXXXX TRUST created under Trust Agreement dated December 18, 2012 M & J PARTNERSHIP, LTD., a Texas limited partnership By: T.Y.F. Holdings, LLC, its general partner By: /s/ Xxxxxx X. Xxxxxxxxx Xxxxxx X. Xxxxxxxxx, Manager T.Y.F. HOLDINGS, LLC By: /s/ Xxxxxx X. Xxxxxxxxx Xxxxxx X. Xxxxxxxxx, Manager

NOTICE OF FINAL AGREEMENT. As of the effective date of this Notice, Borrower, Guarantors, and Lender have consummated a transaction pursuant to which Lender has agreed to make a loan or loans to Borrower, to renew and extend an existing loan or loans to Borrower, and to otherwise extend credit or make financial accommodations to or for the benefit of Borrower, in an aggregate amount up to $40,000,000.00 (collectively, whether one or more, the “Loans”). In connection with the Loans, Borrower and Lender and the undersigned Guarantors have executed and delivered and may hereafter execute and deliver certain agreements, instruments, and documents (collectively hereinafter referred to as the “Written Loan Agreement”). It is the intention of Borrower, Lender, and Guarantors that this Notice be incorporated by reference into each of the written agreements, instruments, and documents comprising the Written Loan Agreement. Borrower, Lender, and Guarantors each warrant and represent that the entire agreement made and existing by or among Borrower, Lender, and Guarantors with respect to the Loan is and shall be contained within the Written Loan Agreement, as amended and supplemented hereby, and that no agreements or promises exist or shall exist by or among Borrower, Lender, and Guarantors that are not reflected in the Written Loan Agreement. THE WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN AGREEMENTS BETWEEN THE PARTIES. Effective as of the date stated above. ACKNOWLEDGED AND AGREED: XXXXXXXX PROSPECTS HOLDING COMPANY, L.L.C. By: /s/ Xxxx X. Xxxxxxxxx Xxxx X. Xxxxxxxxx, Manager XXXXXXXX PROSPECTS MANAGEMENT, L.L.C., a Texas limited liability company By: VPROP Operating, LLC, a Delaware limited liability company, its sole member By: Vista Proppants and Logistics, LLC, a Delaware limited liability company, its sole member By: /s/ Xxxx X. Xxxxxxxxx Xxxx X. Xxxxxxxxx, Chief Executive Officer /s/ Xxxx Xxxxxx Xxxxxxxxx Xxxx Xxxxxx Xxxxxxxxx, as co-trustee of the XXXX XXXXXX XXXXXXXXX TRUST created under Trust Agreement dated December 14, 2012 /s/ Xxxxxxx Xxx Xxxxxxxxx Xxxxxxx Xxx Xxxxxxxxx, as co-trustee of the XXXX XXXXXX XXXXXXXXX TRUST created under Trust Agreement dated December 14, 2012 /s/ Xxxx Xxxxxx Xxxxxxxxx Xxxx Xxxxxx Xxxxxxxxx, as co-trustee of the XXXX XXXXX XXXXXXXXX TRUST created under Trust Agreement dated December 14, 2012 /s/ Xxxxxxx Xxx Xxxxxxxxx Xxxxxxx Xxx Xxxxxxxxx, as co-trustee of the XXXX XXXXX XXXXXXXXX TRUST created under Trust Agreement dated December 14, 2012 FUTURE NEW DEAL, LTD., a Texas limited partnership By: Future New Deal II, LLC, Its general partner By: /s/ Xxxx X. XXXXXXXXX Xxxxxxxxx Xxxx X. Xxxxxxxxx, Manager FUTURE NEW DEAL II, LLC, By: /s/ Xxxx X. Xxxxxxxxx Xxxx X. Xxxxxxxxx, Manager /s/ Xxxxxx X. Xxxxxxxxx Xxxxxx X. Xxxxxxxxx, as co-trustee of the XXXXXXXXXXX XXXXXX XXXXXXXXX TRUST created under Trust Agreement dated December 18, 2012 /s/ Xxxxx Xxxx Xxxxxxxxx Xxxxx Xxxx Xxxxxxxxx, as co-trustee of the XXXXXXXXXXX XXXXXX XXXXXXXXX TRUST created under Trust Agreement dated December 18, 2012 /s/ Xxxxxx X. XXXXXXXXXXxxxxxxxx Xxxxxx X. Xxxxxxxxx, as co-trustee of the CLAIRE XXX XXXXXXXXX TRUST created under Trust Agreement dated December 18, 2012 /s/ Xxxxx Xxxx Xxxxxxxxx Xxxxx Xxxx Xxxxxxxxx, as co-trustee of the CLAIRE XXX XXXXXXXXX TRUST created under Trust Agreement dated December 18, 2012 M & J PARTNERSHIP, LTD., a Texas limited partnership By: T.Y.F. Holdings, LLC, Its general partner By: /s/ Xxxxxx X. Xxxxxxxxx Xxxxxx X. Xxxxxxxxx, Manager T.Y.F. HOLDINGS, LLC, By: /s/ Xxxxxx X. Xxxxxxxxx Xxxxxx X. Xxxxxxxxx, Manager

NOTICE OF FINAL AGREEMENT. As of the effective date of this Notice, BorrowerBorrowers, Guarantors, and Lender have consummated a transaction pursuant to which Lender has agreed to make a loan or loans to BorrowerBorrowers, to renew and extend an existing loan or loans to BorrowerBorrowers, and to otherwise extend credit or make financial accommodations to or for the benefit of BorrowerBorrowers, in an aggregate amount up to $40,000,000.00 2,000,000.00 (collectively, whether one or more, the “Loans”). In connection with the Loans, Borrower Borrowers and Lender and the undersigned Guarantors have executed and delivered and may hereafter execute and deliver certain agreements, instruments, and documents (collectively hereinafter referred to as the “Written Loan Agreement”). It is the intention of BorrowerBorrowers, Lender, and Guarantors that this Notice be incorporated by reference into each of the written agreements, instruments, and documents comprising the Written Loan Agreement. BorrowerBorrowers, Lender, and Guarantors each warrant and represent that the entire agreement made and existing by or among BorrowerBorrowers, Lender, and Guarantors with respect to the Loan is and shall be contained within the Written Loan Agreement, as amended and supplemented hereby, and that no agreements or promises exist or shall exist by or among BorrowerBorrowers, Lender, and Guarantors that are not reflected in the Written Loan Agreement. THE WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN AGREEMENTS BETWEEN THE PARTIES. Effective as of the date stated aboveDate: July 15, 2018. ACKNOWLEDGED AND AGREED: GUARANTORS: DENETZ LOGISTICS, L.L.C., a Texas limited liability company By: VPROP Operating, LLC, its sole member By: Vista Proppants and Logistics, LLC, its sole member By: /s/ Xxxx X. Xxxxxxxxx Xxxx Xxxxxxxxx, Chief Executive Officer & Manager /s/ Xxxx Xxxxxx Xxxxxxxxx Xxxx Xxxxxx Xxxxxxxxx, as co-trustee of the XXXX X. XXXXXX XXXXXXXXX TRUST created under Trust Agreement dated December 14, 2012 /s/ Xxxxxxx Xxx Xxxxxxxxx Xxxxxxx Xxx Xxxxxxxxx, as co-trustee of the XXXX XXXXXX XXXXXXXXX TRUST created under Trust Agreement dated December 14, 2012 /s/ Xxxx Xxxxxx Xxxxxxxxx Xxxx Xxxxxx Xxxxxxxxx, as co-trustee of the XXXX XXXXX XXXXXXXXX TRUST created under Trust Agreement dated December 14, 2012 /s/ Xxxxxxx Xxx Xxxxxxxxx Xxxxxxx Xxx Xxxxxxxxx, as co-trustee of the XXXX XXXXX XXXXXXXXX TRUST created under Trust Agreement dated December 14, 2012 FUTURE NEW DEAL, LTD., a Texas limited partnership By: Future New Deal II, LLC, Its general partner By: /s/ Xxxx Xxxxxxxxx Xxxx Xxxxxxxxx, Manager /s/ Xxxxxx X. Xxxxxxxxx Xxxxxx X. Xxxxxxxxx, as co-trustee of the XXXXXXXXXXX XXXXXX XXXXXXXXX TRUST created under Trust Agreement dated December 18, 2012 /s/ Xxxxx Xxxx Xxxxxxxxx Xxxxx Xxxx Xxxxxxxxx, as co-trustee of the XXXXXXXXXXX XXXXXX XXXXXXXXX TRUST created under Trust Agreement dated December 18, 2012 /s/ Xxxxxx X. XXXXXXXXXXxxxxxxxx Xxxxxx X. Xxxxxxxxx, as co-trustee of the CLAIRE XXX XXXXXXXXX TRUST created under Trust Agreement dated December 18, 2012 /s/ Xxxxx Xxxx Xxxxxxxxx Xxxxx Xxxx Xxxxxxxxx, as co-trustee of the CLAIRE XXX XXXXXXXXX TRUST created under Trust Agreement dated December 18, 2012 M & J PARTNERSHIP, LTD., a Texas limited partnership By: T.Y.F. Holdings, LLC, Its general partner By: /s/ Xxxxxx X. Xxxxxxxxx Xxxxxx X. Xxxxxxxxx, Manager

NOTICE OF FINAL AGREEMENT. As of the effective date of this Notice, Borrower, Guarantors, and Lender have consummated a transaction pursuant to which Lender has agreed to make a loan or loans to Borrower, to renew and extend an existing loan or loans to Borrower, and to otherwise extend credit or make financial accommodations to or for the benefit of Borrower, in an aggregate amount up to $40,000,000.00 (collectively, whether one or more, the “Loans”). In connection with the Loans, Borrower and Lender and the undersigned Guarantors have executed and delivered and may hereafter execute and deliver certain agreements, instruments, and documents (collectively hereinafter referred to as the “Written Loan Agreement”). It is the intention of Borrower, Lender, and Guarantors that this Notice be incorporated by reference into each of the written agreements, instruments, and documents comprising the Written Loan Agreement. Borrower, Lender, and Guarantors each warrant and represent that the entire agreement made and existing by or among Borrower, Lender, and Guarantors with respect to the Loan is and shall be contained within the Written Loan Agreement, as amended and supplemented hereby, and that no agreements or promises exist or shall exist by or among Borrower, Lender, and Guarantors that are not reflected in the Written Loan Agreement. THIS AGREEMENT AND THE WRITTEN OTHER LOAN AGREEMENT REPRESENTS DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. Effective [Remainder of Page Intentionally Left Blank; Signature Page Follows] EXHIBIT A COMPLIANCE CERTIFICATE FOR QUARTER ENDED (THE “SUBJECT PERIOD”) LENDER: LSM Initiatives, LLC BORROWER: Xxxxxx Xxxxx Capital, L.L.C. This Compliance Certificate (this “Certificate”) is delivered under the Credit Agreement (the “Credit Agreement”) dated as of May 22, 2018, by and between Borrower and Lender. Capitalized terms used in this Certificate shall, unless otherwise indicated, have the meanings set forth in the Credit Agreement. The undersigned hereby certifies to Lender as of the date stated above. ACKNOWLEDGED AND AGREEDhereof that: /s/ Xxxx X. Xxxxxxxxx XXXX X. XXXXXXXXX /s/ Xxxxxx X. Xxxxxxxxx XXXXXX X. XXXXXXXXX(a) he/she is the of Borrower, and that, as such, he/she is authorized to execute and deliver this Certificate to Lender on behalf of Borrower; (b) he/she has reviewed and is familiar with the terms of the Credit Agreement and has made, or has caused to be made under his/her supervision, a detailed review of the transactions and condition (financial or otherwise) of Borrower during the Subject Period; (c) during the Subject Period, Borrower performed and observed each covenant and condition of the Loan Documents applicable to it and no Event of Default or Potential Default currently exists or has occurred which has not been cured or waived by Lender; (d) the representations and warranties of Borrower contained in Article VI of the Credit Agreement, and any representations and warranties of Borrower that are contained in any document furnished at any time under or in connection with the Loan Documents, are true and correct on and as of the date hereof, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Certificate, the representations and warranties contained in Section 6.2 of the Credit Agreement shall be deemed to refer to the most recent statements furnished pursuant to Section 7.1 of the Credit Agreement, including the statements in connection with which this Certificate is delivered; (e) intentionally deleted; (f) the financial covenant analyses and information set forth below are true and accurate on and as of the date of this Certificate; and (g) the status of compliance by Borrower with certain covenants of the Credit Agreement at the end of the Subject Period is as set forth below: In Compliance as of End of Subject Period (Please Indicate)