FORBEARANCE AGREEMENT AND FIRST AMENDMENT TO SECOND AMENDED AND RESTATED REVOLVING CREDIT AND SECURITY AGREEMENTRevolving Credit and Security Agreement • January 3rd, 2019 • Emerge Energy Services LP • Mining & quarrying of nonmetallic minerals (no fuels) • New York
This Forbearance Agreement and First Amendment to Second Amended and Restated Revolving Credit and Security Agreement (this “Agreement”) is entered into as of December 31, 2018, by and among Emerge Energy Services LP, a Delaware limited partnership, Emerge Energy Services Operating LLC, a Delaware limited liability company (“Emerge”), Superior Silica Sands LLC, a Texas limited liability company (“SSS” and together with Emerge and each Person joined hereto as a borrower from time to time, collectively, the “Borrowers,” and each individually a “Borrower”), the Lenders party hereto, and PNC Bank, National Association (“PNC”), as administrative agent for the Lenders and collateral agent for the Secured Parties (in such capacities, the “Agent”).
FORBEARANCE AGREEMENT AND FIRST AMENDMENT TO SECOND LIEN NOTE PURCHASE AGREEMENTForbearance Agreement • January 3rd, 2019 • Emerge Energy Services LP • Mining & quarrying of nonmetallic minerals (no fuels) • New York
This Forbearance Agreement and First Amendment to Second Lien Note Purchase Agreement (this “Agreement”) is entered into as of December 31, 2018, by and among Emerge Energy Services LP, a Delaware limited partnership, Emerge Energy Services Operating LLC, a Delaware limited liability company (“Emerge”), Superior Silica Sands LLC, a Texas limited liability company (“SSS” and together with Emerge and each Person joined hereto as an issuer from time to time, collectively, the “Issuers,” and each individually a “Issuer”), the Noteholders party hereto, and HPS Investment Partners, LLC (“HPS”), as notes agent for the Noteholders and collateral agent for the Secured Parties (in such capacities, the “Agent”).
