0001104659-16-090252 Sample Contracts

AMENDMENT NO. 3 TO CREDIT AGREEMENT

Credit Agreement • January 19th, 2016 • Intrepid Potash, Inc. • Mining & quarrying of nonmetallic minerals (no fuels) • Colorado

• Contract Type
  Credit Agreement
• Filed
  January 19th, 2016
• Company
  Intrepid Potash, Inc.
• Industry
  Mining & quarrying of nonmetallic minerals (no fuels)
• Jurisdiction
  Colorado

THIS AMENDMENT NO. 3 TO CREDIT AGREEMENT (this “Amendment”) is made as of January 15, 2016 (the “Effective Date”) by and among INTREPID POTASH, INC. (the “Borrower”), each of the Lenders party hereto and U.S. BANK NATIONAL ASSOCIATION, as Administrative Agent (in such capacity, the “Administrative Agent”), under that certain Credit Agreement, dated as of August 3, 2011 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among the Borrower, the Lenders party thereto, and the Administrative Agent. Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the Credit Agreement.

INTREPID POTASH, INC. FIRST AMENDMENT TO NOTE PURCHASE AGREEMENT $60,000,000 3.23% Senior Notes, Series A, due April 16, 2020 $45,000,000 4.13% Senior Notes, Series B, due April 14, 2023 $45,000,000 4.28% Senior Notes, Series C, due April 16, 2025

Note Purchase Agreement • January 19th, 2016 • Intrepid Potash, Inc. • Mining & quarrying of nonmetallic minerals (no fuels) • New York

• Contract Type
  Note Purchase Agreement
• Filed
  January 19th, 2016
• Company
  Intrepid Potash, Inc.
• Industry
  Mining & quarrying of nonmetallic minerals (no fuels)
• Jurisdiction
  New York

Reference is made to the Note Purchase Agreement dated as of August 28, 2012 (the “Note Purchase Agreement”) among Intrepid Potash, Inc. (the “Company”) and you, pursuant to which the Company issued (i) $60,000,000 aggregate principal amount of its 3.23% Senior Notes, Series A, due April 16, 2020; (ii) $45,000,000 aggregate principal amount of its 4.13% Senior Notes, Series B, due April 14, 2023; and (iii) $45,000,000 aggregate principal amount of its 4.28% Senior Notes, Series C, due April 16, 2025 (collectively, the “Notes”). You are referred to herein individually as a “Holder” and collectively as the “Holders.” Capitalized terms used and not otherwise defined herein have the meanings ascribed to them in the Note Purchase Agreement, as amended by this First Amendment to Note Purchase Agreement (this “First Amendment”).