BUSINESS LOAN AGREEMENT (ASSET BASED)Business Loan Agreement • March 23rd, 2018 • Vista Proppants & Logistics Inc. • Mining & quarrying of nonmetallic minerals (no fuels) • Texas
THIS BUSINESS LOAN AGREEMENT (ASSET BASED) dated February 23, 2018, is made and executed between MAALT SPECIALIZED BULK LLC (“Borrower”) and Pinnacle Bank (“Lender”) on the following terms and conditions. Borrower has received prior commercial loans from Lender or has applied to Lender for a commercial loan or loans or other financial accommodations, including those which may be described on any exhibit or schedule attached to this Agreement. Borrower understands and agrees that: (A) in granting, renewing, or extending any Loan, Lender is relying upon Borrower’s representations, warranties, and agreements as set forth in this Agreement; (B) the granting, renewing, or extending of any Loan by Lender at all times shall be subject to Lender’s sole judgment and discretion; and (C) all such Loans shall be and remain subject to the terms and conditions of this Agreement.
COMMERCIAL SECURITY AGREEMENTCommercial Security Agreement • March 23rd, 2018 • Vista Proppants & Logistics Inc. • Mining & quarrying of nonmetallic minerals (no fuels) • Texas
THIS COMMERCIAL SECURITY AGREEMENT dated February 23, 2018, is made and executed between MAALT SPECIALIZED BULK LLC (“Grantor”) and Pinnacle Bank (“Lender”).
COMMERCIAL GUARANTYVista Proppants & Logistics Inc. • March 23rd, 2018 • Mining & quarrying of nonmetallic minerals (no fuels) • Texas
CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower to Lender, and the performance and discharge of all Borrower’s obligations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection, so Lender can enforce this Guaranty against Guarantor even when Lender has not exhausted Lender’s remedies against anyone else obligated to pay the Indebtedness or against any collateral securing the Indebtedness, this Guaranty or any other guaranty of the Indebtedness. Guarantor will make any payments to Lender or its order, on demand, in legal tender of the United States of America, in same-day funds, without set-off or deduction or counterclaim, and will otherwise perform Borrower’s obligations under the Note and Related Documents. Under this Guaranty, Guarantor’s liability is unlimited and
COMMERCIAL GUARANTYVista Proppants & Logistics Inc. • March 23rd, 2018 • Mining & quarrying of nonmetallic minerals (no fuels) • Texas
CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower to Lender, and the performance and discharge of all Borrower’s obligations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection, so Lender can enforce this Guaranty against Guarantor even when Lender has not exhausted Lender’s remedies against anyone else obligated to pay the Indebtedness or against any collateral securing the Indebtedness, this Guaranty or any other guaranty of the Indebtedness. Guarantor will make any payments to Lender or its order, on demand, in legal tender of the United States of America, in same-day funds, without set-off or deduction or counterclaim, and will otherwise perform Borrower’s obligations under the Note and Related Documents. Under this Guaranty, Guarantor’s liability is unlimited and
RATIFICATION OF UNLIMITED GUARANTIESVista Proppants & Logistics Inc. • March 23rd, 2018 • Mining & quarrying of nonmetallic minerals (no fuels)
This Ratification of Unlimited Guaranties is signed effective February 20, 2018, by the undersigned guarantors (collectively “Guarantors”) in connection with the renewal and extension of the Revolving Loan made by PLAINSCAPITAL BANK (“Lender”) to LONESTAR PROSPECTS, LTD. (“Borrower”), a Texas limited partnership. The Revolving Loan is defined in and governed by the Amended and Restated Loan Agreement dated January 12, 2018, between Borrower and Lender, as amended by the First Amendment of even date, and as hereafter amended, restated, replaced, supplemented, or otherwise modified, from time to time (collectively the “Loan Agreement”). Capitalized terms not otherwise defined have the meanings assigned in the Loan Agreement.
Re: First Amendment to Amended and Restated to Loan AgreementVista Proppants & Logistics Inc. • March 23rd, 2018 • Mining & quarrying of nonmetallic minerals (no fuels)
This letter (this “Amendment”) amends the Amended and Restated Loan Agreement dated January 12, 2018, among LONESTAR PROSPECTS, LTD. (“Borrower”), a Texas limited partnership; LONESTAR PROSPECTS HOLDING COMPANY, L.L.C. (“Lonestar Holding”), a Texas limited liability company, GARY B. HUMPHREYS (“Humphreys”) and MARTIN W. ROBERTSON (“Robertson” and collectively with Lonestar Holding and Humphreys, collectively “Guarantors”); and PLAINSCAPITAL BANK (“Lender”), as now or hereafter amended, restated, replaced, supplemented, or otherwise modified from time to time (collectively the “Loan Agreement”). Capitalized terms below have the meanings assigned in the Loan Agreement.
RATIFICATION OF LIMITED GUARANTIESVista Proppants & Logistics Inc. • March 23rd, 2018 • Mining & quarrying of nonmetallic minerals (no fuels)
This Ratification of Limited Guaranties is signed effective February 20, 2018, by GARY B. HUMPHREYS and MARTIN W. ROBERTSON (collectively “Guarantors”) in connection with the renewal and extension of the Revolving Loan made by PLAINSCAPITAL BANK (“Lender”) to LONESTAR PROSPECTS, LTD. (“Borrower”), a Texas limited partnership. The Revolving Loan is defined in and governed by the Amended and Restated Loan Agreement dated January 12, 2018, between Borrower and Lender, as amended by the First Amendment of even date, and as hereafter amended, restated, replaced, supplemented, or otherwise modified, from time to time (collectively the “Loan Agreement”). Capitalized terms not otherwise defined have the meanings assigned in the Loan Agreement.
