EQUITY PURCHASE AND SALE AGREEMENT by and between EAGLE MATERIALS INC. and SMART SAND, INC. September 18, 2020Equity Purchase and Sale Agreement • September 18th, 2020 • Smart Sand, Inc. • Mining & quarrying of nonmetallic minerals (no fuels) • Delaware
provided that if there is any conflict between the Working Capital Principles and the past practices of the Company Group, the Working Capital Principles shall prevail.
LOAN AND SECURITY AGREEMENTLoan Agreement • September 18th, 2020 • Smart Sand, Inc. • Mining & quarrying of nonmetallic minerals (no fuels)
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of September 18, 2020 (the “Effective Date”) among EAGLE MATERIALS INC., a Delaware corporation (“Lender”), SMART SAND, INC, a Delaware corporation (“Borrower”), EAGLE OIL AND GAS PROPPANTS HOLDINGS LLC, a Delaware limited liability company (“Holdings”), EAGLE OIL AND GAS PROPPANTS LLC, a Delaware limited liability company (“EOGP”), CRS PROPPANTS LLC, a Delaware limited liability company (“CRS”), and NORTHERN WHITE SAND LLC, a Delaware limited liability company (“NWS” and, together with Holdings, EOGP and CRS, the “Guarantors” and each individually, a “Guarantor”), provides the terms on which Lender shall lend to Borrower and Borrower shall repay Lender. The parties agree as follows:
