0000950123-11-007901 Sample Contracts

Supplemental Agreement
Supplemental Agreement • February 1st, 2011 • Pegasus Partners Iv Lp • Metal mining • New York

This Supplemental Agreement (herein, the “Agreement”) is made as of this 21st day of January, 2011, by and among Pegasus Partners IV, L.P., a Delaware partnership (the “Fund”), Fiber Preferred Holdings, LLC, a Delaware limited liability company (“Fiber Preferred”), Slipstream Funding, LLC, a Delaware limited liability company (“Slipstream” and together with the Fund and Fiber Preferred, the “Borrowers”), and Bank of Montreal (the “Lender”).

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Supplemental Agreement
Supplemental Agreement • February 1st, 2011 • Pegasus Partners Iv Lp • Metal mining • New York

This Supplemental Agreement (herein, the “Agreement”) is made as of this 21st day of January, 2011, by and between Pegasus Partners IV, L.P., a Delaware partnership (the “Fund”), and Bank of Montreal (the “Lender”).

Pledge And Security Agreement
Pledge and Security Agreement • February 1st, 2011 • Pegasus Partners Iv Lp • Metal mining • New York

This Pledge and Security Agreement (the “Agreement”) is dated as of January 21, 2011, among PP IV Mountain Pass II, LLC, a Delaware limited liability company (“Mountain Pass”), PP IV MP AIV 1, LLC, a Delaware limited liability company (“AIV1”), PP IV MP AIV 2, LLC, a Delaware limited liability company (“AIV2”) and PP IV MP AIV 3, LLC, a Delaware limited liability company (“AIV3” and together with Mountain Pass, AIV1 and AIV2, collectively, the “Pledgors” and individually each of the Pledgors is referred to as a “Pledgor”), with its mailing address as set forth in Section 9(b) hereof, Pegasus Partners IV, L.P., a Delaware limited partnership (the “Fund”), solely with respect to Sections 3(g) and (h) hereof, and Bank of Montreal (the “Secured Party”), with its mailing address as set forth in Section 9(b) hereof.

AGREEMENT REGARDING THE JOINT FILING OF SCHEDULE 13D
Pegasus Partners Iv Lp • February 1st, 2011 • Metal mining
Bank of Montreal Loan Authorization Agreement Dated: January 21, 2011
Pegasus Partners Iv Lp • February 1st, 2011 • Metal mining • New York

The Company referred to below has applied for, and Bank of Montreal, Chicago, Illinois (“Lender”) has approved, the establishment of, a loan authorization account (“Loan Account”) from which the Company may from time to time request loans up to the maximum amount of credit shown below (the “Maximum Credit”). Interest on such loans is computed at a variable rate which may change daily based upon changes in the Lender’s Prime Rate or LIBOR Quoted Rate (each as hereinafter defined). The Company may make principal payments at any time and in any amount without premium or penalty. The request by the Company for, and the making by the Lender of, any loan against the Loan Account shall constitute an agreement between the Company and the Lender as follows:

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