SECOND AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT dated as of September 5, 2013 among FAIRMOUNT MINERALS, LTD., as U.S. Borrower, LAKE SHORE SAND COMPANY (ONTARIO) LTD., as Canadian Borrower, FAIRMOUNT MINERALS HOLDINGS, INC., CERTAIN...Credit and Guaranty Agreement • August 22nd, 2014 • Fmsa Holdings Inc • Mining & quarrying of nonmetallic minerals (no fuels) • New York
This SECOND AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT, dated as of September 5, 2013, is entered into by and among FAIRMOUNT MINERALS, LTD., a Delaware corporation (the “U.S. Borrower” or the “Borrower Representative”), FAIRMOUNT MINERALS HOLDINGS, INC., a Delaware corporation (“Holdings”), CERTAIN SUBSIDIARIES OF THE U.S. BORROWER, as Guarantors, LAKE SHORE SAND COMPANY (Ontario) LTD., an entity organized under the laws of the province of Ontario, Canada, as Canadian Borrower (the “Canadian Borrower”, and, together with the U.S. Borrower, the “Borrowers”), the Lenders party hereto from time to time, BARCLAYS BANK PLC (“Barclays Bank”), as Administrative Agent (together with its permitted successors in such capacity, the “Administrative Agent”), as Revolving Administrative Agent (together with its permitted successors in such capacity, the “Revolving Administrative Agent”) and as Collateral Agent (together with its permitted successors in such capacity, the “Collateral Agent”)
JOINDER AGREEMENTJoinder Agreement • August 22nd, 2014 • Fmsa Holdings Inc • Mining & quarrying of nonmetallic minerals (no fuels) • New York
THIS JOINDER AGREEMENT, dated as of February 14, 2014 (this “Agreement”), by and among Barclays Bank PLC (the “Incremental Term Loan Lender”), Fairmount Minerals, Ltd., as borrower representative (in such capacity, the “Borrower Representative”) and Barclays Bank PLC (“Barclays”), as Administrative Agent (together with its successors and permitted assigns, the “Administrative Agent”). This Joinder Agreement shall constitute a “Loan Document” for all purposes of the Credit Agreement (as defined below) and the other Loan Documents.
ContractAmendment Agreement • August 22nd, 2014 • Fmsa Holdings Inc • Mining & quarrying of nonmetallic minerals (no fuels) • New York
AMENDMENT AGREEMENT dated as of September 5, 2013 (this “Amendment”), to the Amended and Restated Credit and Guaranty Agreement dated as of March 15, 2011 (as amended by that certain Amendment to Credit Agreement, dated as of April 22, 2011, as further amended by that certain Second Amendment to Amended and Restated Credit Agreement, dated as of April 18, 2013, and as further amended, restated or otherwise modified prior to the date hereof, the “Existing Credit Agreement”), by and among FAIRMOUNT MINERALS, LTD., a Delaware corporation (the “U.S. Borrower” or the “Borrower Representative”), FAIRMOUNT MINERALS HOLDINGS, INC., a Delaware corporation (“Holdings”), CERTAIN SUBSIDIARIES OF THE U.S. BORROWER, as Guarantors, LAKE SHORE SAND COMPANY (Ontario) LTD., an entity organized under the laws of the province of Ontario, Canada, as Canadian Borrower (the “Canadian Borrower”, and, together with the U.S. Borrower, the “Borrowers”), the Lenders party thereto from time to time, BARCLAYS BANK
FIRST AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENTCredit and Guaranty Agreement • August 22nd, 2014 • Fmsa Holdings Inc • Mining & quarrying of nonmetallic minerals (no fuels) • New York
This AMENDMENT dated as of March 27, 2014 (this “Amendment”), to the Second Amended and Restated Credit and Guaranty Agreement dated as of September 5, 2013 (as amended, restated or otherwise modified prior to the date hereof, the “Credit Agreement”), by and among FAIRMOUNT MINERALS, LTD., a Delaware corporation (the “U.S. Borrower” or the “Borrower Representative”), FAIRMOUNT MINERALS HOLDINGS, INC., a Delaware corporation (“Holdings”), CERTAIN SUBSIDIARIES OF THE U.S. BORROWER, as Guarantors, LAKE SHORE SAND COMPANY (Ontario) LTD., an entity organized under the laws of the province of Ontario, Canada, as Canadian Borrower (the “Canadian Borrower”, and, together with the U.S. Borrower, the “Borrowers”), the Lenders party thereto from time to time, BARCLAYS BANK PLC (“Barclays”), as Administrative Agent (in such capacity, the “Administrative Agent”) and as Collateral Agent (in such capacity, the “Collateral Agent”), BARCLAYS BANK PLC, as the Revolving Administrative Agent (in such capa
