FIFTH AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENTCredit and Guaranty Agreement • October 1st, 2015 • Fairmount Santrol Holdings Inc. • Mining & quarrying of nonmetallic minerals (no fuels) • New York
Contract Type FiledOctober 1st, 2015 Company Industry JurisdictionFIFTH AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT (this “Amendment”), dated as of September 30, 2015 among FAIRMOUNT SANTROL INC. (f/k/a FAIRMOUNT MINERALS, LTD.), a Delaware corporation (the “U.S. Borrower”), 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 Revolving Lenders party hereto (which shall constitute not less than the Required Revolving Lenders under the Credit Agreement (as defined below)), BARCLAYS BANK PLC (“Barclays”), as Administrative Agent (in such capacity and including any successors, the “Term Administrative Agent”) and as Revolving Administrative Agent (in such capacity and including any successors, the “Revolving Administrative Agent” and, together with the Term Administrative Agent, the “Administrative Agent”).