FIRST AMENDMENT TO AMENDED AND RESTATED Credit AgreementCredit Agreement • April 23rd, 2020 • Intrepid Potash, Inc. • Mining & quarrying of nonmetallic minerals (no fuels) • Illinois
This FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) is made as of April 17, 2020, by and among INTREPID POTASH, INC., a Delaware corporation (the “Company” and the initial “Borrower”), INTREPID POTASH – MOAB, LLC, a Delaware limited liability company (“Intrepid Moab”), INTREPID POTASH–NEW MEXICO, LLC, a New Mexico limited liability company (“Intrepid New Mexico”), INTREPID POTASH – WENDOVER, LLC, a Colorado limited liability company (“Intrepid Wendover”), 203 E. FLORENCE, LLC, a Delaware limited liability company (“203 E. Florence”), MOAB GAS PIPELINE, LLC, a Colorado limited liability company (“Moab Gas” and together with Intrepid Moab, Intrepid New Mexico, Intrepid Wendover, and 203 E. Florence and each other, each individually, a “Guarantor” and collectively herein, as “Guarantors”), the lenders party hereto (collectively, the “Lenders”, and individually, a “Lender”), and BANK OF MONTREAL, as administrative agent (in such capacity, the “Administrative Ag
INTREPID POTASH, INC. FIFTH AMENDMENT TO AMENDED AND RESTATED NOTE PURCHASE AGREEMENT Senior Secured Notes, Series A, due April 16, 2020 Senior Secured Notes, Series B, due April 14, 2023 Senior Secured Notes, Series C, due April 16, 2025Note Purchase Agreement • April 23rd, 2020 • Intrepid Potash, Inc. • Mining & quarrying of nonmetallic minerals (no fuels) • New York
Reference is made to the Amended and Restated Note Purchase Agreement dated as of October 31, 2016 among Intrepid Potash, Inc. (the “Company”) and the Existing Noteholders listed in Schedule A attached thereto, as amended by the First Amendment to Amended and Restated Note Purchase Agreement dated as of November 9, 2016, the Second Amendment to Amended and Restated Note Purchase Agreement dated as of November 21, 2016, the Third Amendment to Amended and Restated Note Purchase Agreement dated as of December 22, 2016 and the Fourth Amendment to Amended and Restated Note Purchase Agreement dated as of June 30, 2017 (as so amended, the “Existing Note Purchase Agreement”). You are referred to herein individually as a “Holder” and collectively as the “Holders.” The Existing Note Purchase Agreement, as amended by this Fourth Amendment to Amended and Restated Note Purchase Agreement (this “Amendment Agreement”) and as may be further amended, restated, supplemented or otherwise modified from ti
