FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • February 27th, 2024 • Atlas Energy Solutions Inc. • Crude petroleum & natural gas
This FIRST AMENDMENT TO CREDIT AGREEMENT (this “First Amendment”), dated as of February 26, 2024 (the “First Amendment Effective Date”), is by and among ATLAS SAND COMPANY, a Delaware limited liability company (the “Borrower”), the Guarantors (as defined in the Amended Credit Agreement referenced below), the banks and financial institutions listed on the signature pages hereof as lenders (the “Lenders”), and STONEBRIAR COMMERCIAL FINANCE LLC, a Delaware limited liability company, as Administrative Agent and as Initial Lender.
AGREEMENT AND PLAN OF MERGER BY AND AMONG ATLAS ENERGY SOLUTIONS INC., ATLAS SAND COMPANY, LLC, WYATT MERGER SUB 1 INC., WYATT MERGER SUB 2, LLC, HI-CRUSH INC., HC MINERALS INC., CERTAIN STOCKHOLDERS OF HI-CRUSH INC., AND CLEARLAKE CAPITAL PARTNERS V...Merger Agreement • February 27th, 2024 • Atlas Energy Solutions Inc. • Crude petroleum & natural gas • Delaware
This AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of February 26, 2024 (the “Execution Date”), by and among (a) Atlas Energy Solutions Inc., a Delaware corporation (“Parent”), (b) Atlas Sand Company, LLC, a Delaware limited liability company and indirect, wholly owned Subsidiary of Parent (“Purchaser”), (c) Wyatt Merger Sub 1 Inc, a Delaware corporation and direct, wholly owned Subsidiary of Purchaser (“Merger Sub 1”), (d) Wyatt Merger Sub 2, LLC, a Delaware limited liability company and direct, wholly owned Subsidiary of Purchaser (“Merger Sub 2”), (e) Hi-Crush Inc., a Delaware corporation (the “Company”), (f) each Stockholder that has executed this Agreement or a joinder hereto (each, a “Consenting Stockholder”), (g) Clearlake Capital Partners V Finance, L.P., solely in its capacity as the Stockholders’ Representative and (h) HC Minerals Inc., a Delaware corporation (“RemainCo”). Parent, Purchaser, Merger Sub 1, Merger Sub 2, the Company, the Consenting
FIRST AMENDMENT TO LOAN, SECURITY AND GUARANTY AGREEMENTLoan, Security and Guaranty Agreement • February 27th, 2024 • Atlas Energy Solutions Inc. • Crude petroleum & natural gas • New York
THIS LOAN, SECURITY AND GUARANTY AGREEMENT is dated as of February 22, 2023 (as amended, modified or supplemented from time to time, this “Agreement”), among ATLAS SAND COMPANY, LLC, a Delaware limited liability company (the “Company” and a “Borrower”, and together with any Restricted Subsidiary of the Company that becomes party to this Agreement as an additional Borrower after the date hereof, collectively, “Borrowers”), and certain of their Subsidiaries, as Guarantors, the financial institutions party to this Agreement from time to time as Lenders, and BANK OF AMERICA, N.A., a national banking association (“Bank of America”), as agent for the Lenders (in such capacity, “Agent”).
