WAIVER AND AMENDMENT NO. 6 TO CREDIT AGREEMENTCredit Agreement • May 9th, 2016 • Intrepid Potash, Inc. • Mining & quarrying of nonmetallic minerals (no fuels) • Colorado
THIS WAIVER AND AMENDMENT NO. 6 TO CREDIT AGREEMENT (this “Waiver and Amendment No. 6”) is made as of May 6, 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. SECOND WAIVER 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, 2025Note Purchase Agreement • May 9th, 2016 • Intrepid Potash, Inc. • Mining & quarrying of nonmetallic minerals (no fuels) • New York
Pursuant to the Waiver to Note Purchase Agreement dated as of March 23, 2016 by and among the Company and the Holders, each of the Holders waived compliance by the Company with Sections 10.1 and 10.2 of the Note Purchase Agreement for the fiscal quarter ending March 31, 2016 until May 13, 2016.
