TO COMPLIANCE CERTIFICATE. This Attachment No. 1 is attached to and made a part of a Compliance Certificate dated as of ____________, ____ and pertains to the period from ____________, ____ to ____________, ____. Subsection references herein relate to subsections of the Credit Agreement.
TO COMPLIANCE CERTIFICATE. This Attachment No. 1 is attached to and made a part of a Compliance Certificate dated as of , 200_ and pertains to the period from , 200_ to , 200_. Subsection references herein relate to subsections of the Credit Agreement.
TO COMPLIANCE CERTIFICATE. I. Net Cash (This is not a financial covenant but is used to determine Streamline Period eligibility.) Required: at least $1.00 Actual: $
TO COMPLIANCE CERTIFICATE. This Attachment No. 1 is attached to and made a part of a Compliance Certificate dated as of , and pertains to the period from , to , . Section references herein relate to Sections of the Credit Agreement. [**Attach spreadsheet**] EXHIBIT V FORM OF OPINION OF XXXXXXXX & XXXXX LLP Citigroup Center 000 Xxxx 00xx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000-0000 Facsimile: (000) 000-0000 (000) 000-0000 xxx.xxxxxxxx.xxx February 6, 2012 The Administrative Agent and to each of the Lenders party to the Credit Agreement defined below Re: U.S. Silica Company Ladies and Gentlemen: We have acted as special legal counsel to Coated Sand Solutions, LLC, a Delaware limited liability company (“CSS”). This opinion is being issued in response to the requirement in Section 9.11 of that certain Amendment No. 1 to the Credit Agreement, dated as of January 27, 2012 (the “Amendment”), by and among CSS, USS Holdings, Inc., a Delaware corporation (“Holdings”). U.S. Silica Company, a Delaware corporation (“Borrower”). BMAC Services Co., Inc., a Delaware corporation (“BMAC Services”). The Xxxxxx Land and Timber Company, a Pennsylvania, corporation (“Xxxxxx”), Pennsylvania Glass Sand Corporation, a Delaware corporation (“PGSC”), Ottawa Silica Company, a Delaware corporation (“OSC”, together with CSS, Holdings, Borrower, BMAC Services, Xxxxxx and PGSC, the “Credit Parties”), the lenders party thereto and BNP Paribas, as administrative agent (the “Administrative Agent”), amending that Second Amended and Restated Credit Agreement dated as of June 8, 2011 (as amended by the Amendment and as may be further amended, restated, amended and restated, extended, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among the Credit Parties, the lenders from time to time party thereto and the Administrative Agent.
TO COMPLIANCE CERTIFICATE. Financial Covenants I further certify that (Please check and complete each of the following):
TO COMPLIANCE CERTIFICATE. This Attachment No. 1 is attached to and made a part of a Compliance Certificate dated as of , and pertains to the period from , to , . Subsection references herein relate to subsections of the Credit Agreement. Ratio of Net Debt to EBITDA, Section 5.02(d)
TO COMPLIANCE CERTIFICATE. Financial Covenants
TO COMPLIANCE CERTIFICATE. This Attachment No. 1 is attached to and made a part of a Compliance Certificate dated as of and pertains to the period from to [four Fiscal Quarters]. Section references herein relate to subsections of the Lease Agreement.1 Total Net Leverage Ratio (amounts in millions of $ except for ratios)
TO COMPLIANCE CERTIFICATE. Summary of Grain Inventory Subject to Commodity Repurchase Agreements *Provided for each type of Grain Inventory individually.
TO COMPLIANCE CERTIFICATE. Financial Covenants of Borrower In the event of a conflict between this Schedule and the Loan Agreement, the terms of the Loan Agreement shall govern. Dated: ____________________
