SECOND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • April 19th, 2016 • Advanced Emissions Solutions, Inc. • Miscellaneous chemical products
This SECOND AMENDMENT TO CREDIT AGREEMENT, dated as of March 30, 2016 (this “Second Amendment”), is entered into among Advanced Emissions Solutions, Inc. (the “Borrower”), the other Loan Parties identified below and the undersigned Lenders (constituting all of the Lenders as of the date hereof) and acknowledged by Wilmington Trust, National Association, in its capacity as administrative agent (the “Administrative Agent”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings ascribed thereto in that certain Credit Agreement, dated as of October 22, 2015 (the “Original Credit Agreement”), as amended by that certain First Amendment to Credit Agreement dated February 8, 2016 (the “First Amendment”) and that certain First Waiver to Credit Agreement dated March 2, 2016 (the “First Waiver”; the Original Credit Agreement, the First Amendment and the First Waiver, as further amended, supplemented or otherwise modified from time to time, the “Credit A
Execution Version CREDIT AGREEMENT Dated as of October 22, 2015 among ADVANCED EMISSIONS SOLUTIONS, INC., as the Borrower, WILMINGTON TRUST, NATIONAL ASSOCIATION, as Administrative Agent and Collateral Agent, and The Lenders Party Hereto #4982521.17Credit Agreement • April 19th, 2016 • Advanced Emissions Solutions, Inc. • Miscellaneous chemical products • New York
RESTRICTED STOCK AWARD AGREEMENT ADVANCED EMISSIONS SOLUTIONS, INC. AMENDED AND RESTATED 2010 NON-MANAGEMENT COMPENSATION AND INCENTIVE PLAN, AS AMENDED NOTICE OF RESTRICTED STOCK AWARDRestricted Stock Award Agreement • April 19th, 2016 • Advanced Emissions Solutions, Inc. • Miscellaneous chemical products
You have been granted the right to receive shares of Common Stock of the Company, subject to the terms and conditions of this Notice of Restricted Stock Award (the “Notice”), under the Advanced Emissions Solutions, Inc. Amended and Restated 2010 Non-Management Compensation and Incentive Plan, as amended from time to time (the “Plan”) and the Restricted Stock Award Agreement (the “Agreement”) attached hereto, and, if applicable, any written employment, retention or severance agreement you have with the Company or a Company affiliate that addresses the award and vesting of Company Common Stock (the “Employment Agreement”) as follows. Unless otherwise defined herein, the terms defined in the Plan shall have the same defined meanings in this Notice. In the event of any conflict between the vesting provisions applicable to the Shares as set forth in this Notice and the Employment Agreement, the Employment Agreement shall control.
