FORBEARANCE AGREEMENT AND SECOND AMENDMENT TO SECOND LIEN NOTE PURCHASE AGREEMENTForbearance Agreement and Second Amendment to Second Lien Note Purchase Agreement • February 1st, 2019 • Emerge Energy Services LP • Mining & quarrying of nonmetallic minerals (no fuels) • New York
This Forbearance Agreement and Second Amendment to Second Lien Note Purchase Agreement (this “Agreement”) is entered into as of January 31, 2019, by and among Emerge Energy Services LP, a Delaware limited partnership, Emerge Energy Services Operating LLC, a Delaware limited liability company (“Emerge”), Superior Silica Sands LLC, a Texas limited liability company (“SSS” and together with Emerge and each Person joined hereto as an issuer from time to time, collectively, the “Issuers,” and each individually a “Issuer”), the Noteholders party hereto, and HPS Investment Partners, LLC (“HPS”), as notes agent for the Noteholders and collateral agent for the Secured Parties (in such capacities, the “Agent”).
