REVOLVING CREDIT AND SECURITY AGREEMENT EMERGE ENERGY SERVICES LP, as Parent Guarantor, EMERGE ENERGY SERVICES OPERATING LLC, SUPERIOR SILICA SANDS LLC, AND EMERGE ENERGY SERVICES FINANCE CORPORATION, as Borrowers, HPS INVESTMENT PARTNERS, LLC, as...Credit and Security Agreement • December 30th, 2019 • Emerge Energy Services LP • Mining & quarrying of nonmetallic minerals (no fuels) • New York
This Revolving Credit and Security Agreement, dated as of December 20, 2019, among EMERGE ENERGY SERVICES LP, a Delaware limited partnership (“Parent Guarantor”), EMERGE ENERGY SERVICES OPERATING LLC, a Delaware limited liability company (“Emerge”), SUPERIOR SILICA SANDS LLC, a Texas limited liability company (“SSS”), EMERGE ENERGY SERVICES FINANCE CORPORATION, a Delaware corporation (“FinanceCo” and together with Emerge, SSS and each Person joined hereto as a borrower from time to time, collectively, the “Borrowers,” and each individually a “Borrower”), the financial institutions which are now or which hereafter become a party hereto (collectively, the “Lenders” and each individually a “Lender”), and HPS INVESTMENT PARTNERS, LLC (“HPS”), as administrative agent for the Lenders and collateral agent for the Secured Parties (in such capacities, the “Agent”).
SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP of EMERGE ENERGY SERVICES LP A Delaware limited partnership Dated as of December 20, 2019Emerge Energy Services LP • December 30th, 2019 • Mining & quarrying of nonmetallic minerals (no fuels) • Delaware
THIS SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF EMERGE ENERGY SERVICES LP, dated as of December 20, 2019, is entered into by and among EES GP, LLC, a Delaware limited liability company, as the General Partner, and the Limited Partners holding 100% of the new Common Units issued pursuant to the Plan of Reorganization.
LIMITED LIABILITY COMPANY AGREEMENT OF EES GP, LLC, A DELAWARE LIMITED LIABILITY COMPANYLimited Liability Company Agreement • December 30th, 2019 • Emerge Energy Services LP • Mining & quarrying of nonmetallic minerals (no fuels)
This Limited Liability Company Agreement (as amended or restated from time to time, this “Agreement”) of EES GP, LLC, a Delaware limited liability company (the “Company”), dated as of December 20, 2019, is entered into by the members set forth on Schedule I attached hereto (collectively, the “Members”).
