FIFTH AMENDMENT TO TAX ASSET PROTECTION PLANTax Asset Protection Plan • March 16th, 2022 • Advanced Emissions Solutions, Inc. • Miscellaneous chemical products • Delaware
This FIFTH AMENDMENT TO TAX ASSET PROTECTION PLAN (this "Amendment") is entered into as of March 15, 2022, by and between Advanced Emissions Solutions, Inc., a Delaware corporation (the "Company"), and Computershare Trust Company, N.A., a federally chartered trust company (the "Rights Agent"). All capitalized terms used herein and not otherwise defined herein shall have the meaning(s) ascribed to them in that certain Tax Asset Protection Plan dated as of May 5, 2017, by and between the Company and the Rights Agent, as amended by the First Amendment to Tax Asset Protection Plan, dated as of April 6, 2018, the Second Amendment to Tax Asset Protection Plan, dated as of April 5, 2019, the Third Amendment to Tax Asset Protection Plan, dated as of April 8, 2020 and the Fourth Amendment to Tax Asset Protection Plan, dated as of April 9, 2021 (collectively, the "TAPP").
