EHXIBIT A TO FIFTH AMENDMENT TO SECOND LIEN CREDIT AND SECURITY AGREEMENT DATED NOVEMBER 16, 2016 SECOND LIEN CREDIT AND SECURITY AGREEMENT Dated as of April 7, 2015 among KATY INDUSTRIES, INC., A DELAWARE CORPORATION CONTINENTAL COMMERCIAL PRODUCTS,...Second Lien Credit and Security Agreement • November 21st, 2016 • Katy Industries Inc • Special industry machinery, nec • Illinois
This SECOND LIEN CREDIT AND SECURITY AGREEMENT (this “Agreement”) is entered into as of April 7, 2015, among Katy Industries, Inc., a Delaware corporation (the “Company;”), Continental Commercial Products, LLC, a Delaware limited liability company, FTW Holdings, Inc., a Delaware corporation, Fort Wayne Plastics, Inc., an Indiana corporation (each of the foregoing, together with each other Person that joins this Agreement as a “Borrower”, individually and collectively, “Borrower” or “Borrowers”), the other Persons that are or hereafter become parties to this Agreement as Guarantors, VPC SBIC I, LP (in its individual capacity, “VPC”), as a Lender, the other financial institutions and other entities that are or hereafter become parties to this Agreement as Lenders, and Victory Park Management, LLC (in its individual capacity, “VPM”), as administrative agent and collateral agent for the Lenders (in such capacity, together with its successors and permitted assigns, “Agent”).
LIMITED WAIVER AND AMENDMENT TO SECOND LIEN CREDIT AND SECURITY AGREEMENT (this “Limited Waiver”)Second Lien Credit and Security Agreement • March 30th, 2016 • Katy Industries Inc • Special industry machinery, nec
Reference is made to that certain Second Lien Credit and Security Agreement dated as of April 7, 2015 (as amended, restated, extended, renewed or otherwise modified from time to time, the “Credit Agreement”), by and among Katy Industries, Inc., a Delaware corporation (the “Company;”), Continental Commercial Products, LLC, a Delaware limited liability company, FTW Holdings, Inc., a Delaware corporation, Fort Wayne Plastics, Inc., an Indiana corporation (each of the foregoing, individually and collectively, “Borrower” or “Borrowers”), the other Persons that are parties to the Credit Agreement as Guarantors, VPC SBIC I, LP, as a Lender, the other financial institutions and other entities that are parties to the Credit Agreement as Lenders, and Victory Park Management, LLC, as administrative agent and collateral agent for Lenders (in such capacity, together with its successors and permitted assigns, “Agent”). Capitalized terms used but not defined herein shall have the meanings ascribed to
SECOND LIEN CREDIT AND SECURITY AGREEMENT EMERGE ENERGY SERVICES LP, as Parent Guarantor, EMERGE ENERGY SERVICES OPERATING LLC, SUPERIOR SILICA SANDS LLC, AND CERTAIN OF THEIR SUBSIDIARIES, as Borrowers, U.S. BANK NATIONAL ASSOCIATION, as Disbursing...Second Lien Credit and Security Agreement • April 17th, 2017 • Emerge Energy Services LP • Mining & quarrying of nonmetallic minerals (no fuels) • New York
This Second Lien Credit and Security Agreement, dated as of April 12, 2017, is entered into among EMERGE ENERGY SERVICES LP, a Delaware limited partnership (“Parent Guarantor”), 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 a borrower from time to time, collectively, the “Borrowers,” and each individually a “Borrower”), the lenders which are now or which hereafter become a party hereto (collectively, the “Lenders” and each individually a “Lender”), and U.S. BANK NATIONAL ASSOCIATION (“U.S. Bank”), as disbursing agent for the Lenders and collateral agent for the Secured Parties (in such capacities, the “Agent”).
FOURTH AMENDMENT TO SECOND LIEN CREDIT AND SECURITY AGREEMENTSecond Lien Credit and Security Agreement • August 17th, 2016 • Katy Industries Inc • Special industry machinery, nec • Illinois
This FOURTH AMENDMENT TO SECOND LIEN CREDIT AND SECURITY AGREEMENT (this “Agreement”) is entered into and effective as of August 11, 2016, by and among Katy Industries, Inc., a Delaware corporation (the “Company”), Continental Commercial Products, LLC, a Delaware limited liability company (“CCP”), FTW Holdings, Inc., a Delaware corporation “FTW Holdings”), Fort Wayne Plastics, Inc., an Indiana corporation (“Fort Wayne”; the Company, CCP, FTW Holdings and Fort Wayne, individually and collectively, the “Borrower” or the “Borrowers”), Victory Park Management, LLC, in its capacity as administrative agent and collateral agent for the Lenders (in such capacity, the “Agent”), the Lenders party hereto.
SIXTH AMENDMENT TO SECOND LIEN CREDIT AND SECURITY AGREEMENTSecond Lien Credit and Security Agreement • April 7th, 2017 • Katy Industries Inc • Special industry machinery, nec • Illinois
This SIXTH AMENDMENT TO SECOND LIEN CREDIT AND SECURITY AGREEMENT (this “Agreement”) is entered into and effective as of April 3, 2017, by and among Katy Industries, Inc., a Delaware corporation (the “Company”), Continental Commercial Products, LLC, a Delaware limited liability company (“CCP”), FTW Holdings, Inc., a Delaware corporation “FTW Holdings”), Fort Wayne Plastics, Inc., an Indiana corporation (“Fort Wayne”; the Company, CCP, FTW Holdings and Fort Wayne, individually and collectively, the “Borrower” or the “Borrowers”), Victory Park Management, LLC, in its capacity as administrative agent and collateral agent for the Lenders (in such capacity, the “Agent”), the Lenders party hereto.
