EMERGE ENERGY SERVICES LP Common Units Underwriting AgreementUnderwriting Agreement • November 3rd, 2016 • Emerge Energy Services LP • Mining & quarrying of nonmetallic minerals (no fuels) • New York
Contract Type FiledNovember 3rd, 2016 Company Industry JurisdictionEmerge Energy Services LP, a Delaware limited partnership (the “Partnership”), proposes to issue and sell to the underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), an aggregate of common units representing limited partnership interests in the Partnership (the “Underwritten Units”) and, at the option of the Underwriters, up to an additional common units representing limited partner interests in the Partnership (the “Option Units”). The Underwritten Units and the Option Units are herein referred to as the “Units.” The Partnership was formed by its sole general partner, Emerge Energy Services GP LLC, a Delaware limited liability company (the “General Partner”). Reference herein to (i) “Partnership Parties” means the Partnership, the General Partner and Emerge Energy Services Operating LLC, a Delaware limited liability company (the “Operating Company”) and (ii) “Partnership Entities” means the Partnership, the