AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT of EMERGE ENERGY SERVICES GP LLC A Delaware Limited Liability Company Dated as of May 14, 2013Limited Liability Company Agreement • May 20th, 2013 • Emerge Energy Services LP • Oil & gas field services, nec • Delaware
This AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT (this “Agreement”) of Emerge Energy Services GP LLC (the “Company”), a limited liability company formed under the Delaware Limited Liability Company Act, 6 Del. C. § 18-101, et seq., as amended (the “Act”), is made and entered into as of this 14th day of May, 2013 by Emerge Energy Services Holdings LLC, a Delaware limited liability company (“Emerge Holdings”), the sole member of the Company.
REVOLVING CREDIT AND SECURITY AGREEMENT EMERGE ENERGY SERVICES LP, as Parent Guarantor, EMERGE ENERGY SERVICES OPERATING LLC, SUPERIOR SILICA SANDS LLC, AND EMERGE ENERGY SERVICES FINANCE CORPORATION, as Borrowers, HPS INVESTMENT PARTNERS, LLC, as...Credit and Security Agreement • December 30th, 2019 • Emerge Energy Services LP • Mining & quarrying of nonmetallic minerals (no fuels) • New York
This Revolving Credit and Security Agreement, dated as of December 20, 2019, 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”), EMERGE ENERGY SERVICES FINANCE CORPORATION, a Delaware corporation (“FinanceCo” and together with Emerge, SSS and each Person joined hereto as a borrower from time to time, collectively, the “Borrowers,” and each individually a “Borrower”), the financial institutions which are now or which hereafter become a party hereto (collectively, the “Lenders” and each individually a “Lender”), and HPS INVESTMENT PARTNERS, LLC (“HPS”), as administrative agent for the Lenders and collateral agent for the Secured Parties (in such capacities, the “Agent”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • May 20th, 2013 • Emerge Energy Services LP • Oil & gas field services, nec • New York
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made and entered into as of May 14, 2013, by and between Emerge Energy Services LP, a Delaware limited partnership (the “Partnership”), AEC Resources LLC, a Delaware limited liability company (“AEC”), Ted W. Beneski, an individual (“Beneski”), Superior Silica Resources LLC, a Delaware limited liability company (“SSR” and, together with AEC and Beneski, the “Insight Holders”), Kayne Anderson Energy Development Company, a Maryland corporation (“KED”), and LBC Sub V, LLC, a Delaware limited liability company (“LBC”).
FIRST AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP of EMERGE ENERGY SERVICES LP A Delaware limited partnership Dated as of May 14, 2013Emerge Energy Services LP • May 20th, 2013 • Oil & gas field services, nec • Delaware
THIS FIRST AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF EMERGE ENERGY SERVICES LP, dated as of May 14, 2013, is entered into by and among Emerge Energy Services GP LLC, a Delaware limited liability company, as the General Partner, and Superior Silica Resources LLC, a Texas limited liability company, as a Limited Partner, together with any other Persons who become Partners in the Partnership or parties hereto as provided herein. In consideration of the covenants, conditions and agreements contained herein, the parties hereto hereby agree as follows:
EMERGE ENERGY SERVICES LP 7,500,000 Common Units Representing Limited Partner Interests UNDERWRITING AGREEMENTUnderwriting Agreement • May 14th, 2013 • Emerge Energy Services LP • Oil & gas field services, nec • New York
SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP of EMERGE ENERGY SERVICES LP A Delaware limited partnership Dated as of December 20, 2019Emerge Energy Services LP • December 30th, 2019 • Mining & quarrying of nonmetallic minerals (no fuels) • Delaware
THIS SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF EMERGE ENERGY SERVICES LP, dated as of December 20, 2019, is entered into by and among EES GP, LLC, a Delaware limited liability company, as the General Partner, and the Limited Partners holding 100% of the new Common Units issued pursuant to the Plan of Reorganization.
AMENDMENT NO. 8 TO AMENDED AND RESTATED REVOLVING CREDIT AND SECURITY AGREEMENTRevolving Credit and Security Agreement • September 12th, 2016 • Emerge Energy Services LP • Mining & quarrying of nonmetallic minerals (no fuels) • New York
THIS AMENDMENT NO. 8 (this “Amendment”), dated as of June 15, 2016, to the Credit Agreement (as defined below) is entered into by and among the Lenders signatory hereto, PNC BANK, NATIONAL ASSOCIATION, in its capacity as agent for the Lenders (in such capacity, the “Agent”), EMERGE ENERGY SERVICES LP, a Delaware limited partnership (the “Parent Guarantor”), and each of the undersigned Borrowers. Terms used herein without definition shall have the meanings ascribed to them in the Credit Agreement defined below.
LIMITED PARTNERSHIP AGREEMENT OF EMERGENT ENERGY SERVICES LPLimited Partnership Agreement • April 24th, 2013 • Emerge Energy Services LP • Oil & gas field services, nec • Delaware
This LIMITED PARTNERSHIP AGREEMENT (this “Agreement”), dated April 26, 2012, of EMERGENT ENERGY SERVICES LP (the “Partnership”) is entered into by and among Emergent Energy Services GP LLC, a Delaware limited liability company, as general partner of the Partnership (the “General Partner”), and Superior Silica Resources LLC, a Texas limited liability company, as limited partner of the Partnership (the “Limited Partner”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • August 8th, 2016 • Emerge Energy Services LP • Oil & gas field services, nec • Delaware
If the Company has a tax license, business license or certificate, or commercial registration or its equivalent, please provide the registration/license/certificate number(s) and attach a copy of such registration/license/certificate, as well as an English language translation of such registration/license/certificate if not originally in English.
AMENDED AND RESTATED PURCHASE AND SALE AGREEMENT between SUSSER PETROLEUM OPERATING COMPANY LLC as Buyer, and SUNOCO LP as Buyer Parent Guarantor, and EMERGE ENERGY SERVICES OPERATING LLC as Seller, and EMERGE ENERGY SERVICES LP as Seller Parent...Purchase and Sale Agreement • September 7th, 2016 • Emerge Energy Services LP • Mining & quarrying of nonmetallic minerals (no fuels) • Texas
This AMENDED AND RESTATED PURCHASE AND SALE AGREEMENT (this “Agreement”) is made as of August 31, 2016, between Susser Petroleum Operating Company LLC, a Delaware limited liability company (“Buyer”), and, solely for purposes of Section 10.23, Sunoco LP, a Delaware limited partnership (the “Buyer Parent Guarantor”), and Emerge Energy Services Operating LLC, a Delaware limited liability company (“Seller”) and solely for purpose of Section 10.24, Emerge Energy Services LP, a Delaware limited partnership (the “Seller Parent Guarantor”).
AMENDMENT NO. 5 TO AMENDED AND RESTATED REVOLVING CREDIT AND SECURITY AGREEMENTRevolving Credit and Security Agreement • September 12th, 2016 • Emerge Energy Services LP • Mining & quarrying of nonmetallic minerals (no fuels) • New York
THIS AMENDMENT NO. 5 (this “Amendment”), dated as of May 20, 2016, to the Credit Agreement (as defined below) is entered into by and among the Lenders signatory hereto, PNC BANK, NATIONAL ASSOCIATION, in its capacity as agent for the Lenders (in such capacity, the “Agent”), EMERGE ENERGY SERVICES LP, a Delaware limited partnership (the “Parent Guarantor”), and each of the undersigned Borrowers. Terms used herein without definition shall have the meanings ascribed to them in the Credit Agreement defined below.
FORBEARANCE AGREEMENT AND SECOND AMENDMENT TO SECOND AMENDED AND RESTATED REVOLVING CREDIT AND SECURITY AGREEMENTRevolving Credit and Security 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 Amended and Restated Revolving Credit and Security 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 a borrower from time to time, collectively, the “Borrowers,” and each individually a “Borrower”), the Lenders party hereto, and PNC Bank, National Association (“PNC”), as administrative agent for the Lenders and collateral agent for the Secured Parties (in such capacities, the “Agent”).
EMERGE ENERGY SERVICES LP 3,400,000 Common Units Underwriting AgreementEmerge Energy Services LP • November 23rd, 2016 • Mining & quarrying of nonmetallic minerals (no fuels) • New York
Emerge Energy Services LP, a Delaware limited partnership (the “Partnership”), proposes to issue and sell to the underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), an aggregate of 3,400,000 common units representing limited partnership interests in the Partnership (the “Underwritten Units”) and, at the option of the Underwriters, up to an additional 510,000 common units representing limited partner interests in the Partnership (the “Option Units”). The Underwritten Units and the Option Units are herein referred to as the “Units.” The Partnership was formed by its sole general partner, Emerge Energy Services GP LLC, a Delaware limited liability company (the “General Partner”). Reference herein to (i) “Partnership Parties” means the Partnership, the General Partner and Emerge Energy Services Operating LLC, a Delaware limited liability company (the “Operating Company”) and (ii) “Partnership Entities” means the
Administrative Services AgreementAdministrative Services Agreement • May 20th, 2013 • Emerge Energy Services LP • Oil & gas field services, nec • Delaware
This ADMINISTRATIVE SERVICES AGREEMENT (this “Agreement”) is made and entered into as of May 14, 2013 (the “Effective Date”), by and among Insight Equity Management Company LLC, a Delaware limited liability company (“Service Provider”), Emerge Energy Services LP, a Delaware limited partnership (together with its subsidiaries, the “Partnership”), and Emerge Energy Services GP LLC, a Delaware limited liability company and the general partner of the Partnership (the “General Partner,” and together with the Partnership, the “Company”). Service Provider, the Partnership and the General Partner are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
FORBEARANCE AGREEMENT AND SECOND AMENDMENT TO SECOND LIEN NOTE PURCHASE AGREEMENTForbearance 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”).
AMENDMENT TO SAND SUPPLY AGREEMENTSand Supply Agreement • April 24th, 2013 • Emerge Energy Services LP • Oil & gas field services, nec
This amendment (the “Amendment”), dated November 15, 2012 (the “Amendment Effective Date”), is by and between Superior Silica Sands LLC, a Texas limited liability company (the “Supplier”) and Schlumberger Technology Corporation, a Texas corporation (the “Customer”). Customer and Supplier are sometimes hereinafter referred to individually as a “Party” and collectively as the “Parties.”
AMENDMENT NO. 3 TO AMENDED AND RESTATED REVOLVING CREDIT AND SECURITY AGREEMENTCredit and Security Agreement • March 7th, 2016 • Emerge Energy Services LP • Oil & gas field services, nec • New York
THIS AMENDMENT NO. 3 (this “Amendment”), dated as of March 1, 2016, to the Credit Agreement (as defined below) is entered into by and among the Lenders signatory hereto, PNC BANK, NATIONAL ASSOCIATION, in its capacity as agent for the Lenders (in such capacity, the “Agent”), EMERGE ENERGY SERVICES LP, a Delaware limited partnership (the “Parent Guarantor”), and each of the undersigned Borrowers. Terms used herein without definition shall have the meanings ascribed to them in the Credit Agreement defined below.
LIMITED WAIVER NO. 2 TO AMENDED AND RESTATED REVOLVING CREDIT AND SECURITY AGREEMENTCredit and Security Agreement • November 16th, 2015 • Emerge Energy Services LP • Oil & gas field services, nec • New York
THIS LIMITED WAIVER NO. 2 TO AMENDED AND RESTATED REVOLVING CREDIT AND SECURITY AGREEMENT (this “Waiver”), dated as of November 12, 2015, is entered into by and among the Lenders signatory hereto, PNC BANK, NATIONAL ASSOCIATION, in its capacity as agent for the Lenders (in such capacity, the “Agent”), EMERGE ENERGY SERVICES LP, a Delaware limited partnership (the “Parent Guarantor”), and each of the undersigned Borrowers. Terms used herein without definition shall have the meanings ascribed to them in the Credit Agreement defined below.
SAND SUPPLY AGREEMENTSand Supply Agreement • April 24th, 2013 • Emerge Energy Services LP • Oil & gas field services, nec • Texas
This Sand Supply Agreement (this “Agreement”), is entered into effective May 31, 2011 (the “Effective Date”), by and between Superior Silica Sands LLC, a Texas limited liability company (“Supplier”), and Schlumberger Technology Corporation, a Texas corporation (“Customer”). Customer and Supplier may also be referred to hereafter as a “Party” or collectively as the “Parties”.
DRY SAND TOLLING AGREEMENT between Superior Silica Sands LLC and Midwest Frac and Sands LLC Dated July 17, 2012Dry Sand Tolling Agreement • April 24th, 2013 • Emerge Energy Services LP • Oil & gas field services, nec • Wisconsin
NOW, THEREFORE, for and in consideration of the promises and mutual covenants contained herein, and intending to be legally bound, the Parties hereby agree as follows:
REVOLVING CREDIT AND SECURITY AGREEMENT PNC BANK, NATIONAL ASSOCIATION (AS AGENT) PNC CAPITAL MARKETS LLC (AS LEAD ARRANGER AND LEAD BOOKRUNNER) THE FINANCIAL INSTITUTIONS FROM TIME TO TIME PARTY HERETO (AS LENDERS) WITH EMERGE ENERGY SERVICES LP (AS...Security Agreement • May 20th, 2013 • Emerge Energy Services LP • Oil & gas field services, nec • New York
Revolving Credit and Security Agreement dated as of May 14, 2013 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”), DIRECT FUELS LLC, a Delaware limited liability company formerly known as Insight Equity Acquisition Partners, LP (“Direct Fuels”), ALLIED ENERGY COMPANY LLC, an Alabama limited liability company (“AEC”), ALLIED RENEWABLE ENERGY, LLC, a Delaware limited liability company (“ARE”), EMERGE ENERGY DISTRIBUTORS, LLC, a Delaware limited liability company (“EED” and together with Emerge, SSS, Direct Fuels, AEC, ARE and each Person joined hereto as a borrower from time to time, collectively, the “Borrowers”, and each individually a “Borrower”), the financial institutions which are now or which hereafter become a party hereto (collectively, the “Lenders” and each individually a “Lender”), and
WET SAND SERVICES AGREEMENTWet Sand Services Agreement • May 7th, 2013 • Emerge Energy Services LP • Oil & gas field services, nec • Wisconsin
THIS WET SAND SERVICES AGREEMENT (the “Agreement”) is made as of the 7th day of April, 2011 (the “Effective Date”) by and between Fred Weber, Inc., a Delaware corporation, with its principal office at 2320 Creve Coeur Mill Road, Maryland Heights, MO 63043 (“Contractor”) and Superior Silica Sands LLC, a Texas limited liability company with its principal office located at 3014 Limestone County Road 704, Kosse, Texas 76653 (“SSS”). Each of SSS and the Contractor is hereinafter referred to as a “Party” and collectively, as the “Parties.”
WET SAND SUPPLY AGREEMENT between Superior Silica Sands LLC and Midwest Frac and Sands LLC Dated July 17, 2012Wet Sand Supply Agreement • May 7th, 2013 • Emerge Energy Services LP • Oil & gas field services, nec • Wisconsin
NOW, THEREFORE, for and in consideration of the promises and mutual covenants contained herein, and intending to be legally bound, the Parties hereby agree as follows:
AMENDMENT TO SAND SUPPLY AGREEMENTSand Supply Agreement • May 7th, 2013 • Emerge Energy Services LP • Oil & gas field services, nec
This amendment (the “Amendment”), dated November 15, 2012 (the “Amendment Effective Date”), is by and between Superior Silica Sands LLC, a Texas limited liability company (the “Supplier”) and Schlumberger Technology Corporation, a Texas corporation (the “Customer”). Customer and Supplier are sometimes hereinafter referred to individually as a “Party” and collectively as the “Parties.”
2ND AMENDMENT TO SAND SUPPLY AGREEMENTSand Supply Agreement • August 8th, 2014 • Emerge Energy Services LP • Oil & gas field services, nec
This amendment (the “Amendment”), dated June 10, 2014 (the “Amendment Effective Date”) is by and between Superior Silica Sands LLC (the “Supplier”) and Schlumberger Technology Corporation (the “Company”). Company and Supplier are sometimes hereinafter referred to individually as a “Party” and collectively as the “Parties.”
THIRD AMENDMENT TO REVOLVING CREDIT AND SECURITY AGREEMENTRevolving Credit and Security Agreement • December 12th, 2013 • Emerge Energy Services LP • Oil & gas field services, nec • New York
THIS THIRD AMENDMENT TO REVOLVING CREDIT AND SECURITY AGREEMENT (this “Amendment”), dated as of December 10, 2013, is entered into by and among the Lenders signatory hereto, PNC BANK, NATIONAL ASSOCIATION, in its capacity as agent for the Lenders (in such capacity “Agent”), 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”), DIRECT FUELS LLC, a Delaware limited liability company formerly known as Insight Equity Acquisition Partners, LP (“Direct Fuels”), ALLIED ENERGY COMPANY LLC, an Alabama limited liability company (“AEC”), ALLIED RENEWABLE ENERGY, LLC, a Delaware limited liability company (“ARE”), EMERGE ENERGY DISTRIBUTORS INC., a Delaware corporation (“EED” and together with Emerge, SSS, Direct Fuels, AEC, ARE and each Person joined hereto as a borrower from time to time, collectively, the “Borrowers”, and
STRICTLY CONFIDENTIAL May 29, 2013 Rick Shearer 1400 Civic Place, Suite 250 Southlake, Texas 76092 Dear Rick:Emerge Energy Services LP • June 4th, 2013 • Oil & gas field services, nec
As you know, you and Superior Silica Sands LLC, a subsidiary of Emerge Energy Services GP, LLC (including any successors or assigns, the “Company”), have previously entered into an employment letter dated March 23, 2010, as amended May 17, 2011 (the “Prior Letter”), which was assigned to the Company in connection with the transfer of your employment to the Company effective as of the initial public offering of common units of Emerge Energy Services LP (the “IPO Date”). In addition, as of the date of this letter (the “Effective Date”), this letter will amend, restate and replace the Prior Letter and your employment will be on the terms and conditions set forth in this letter.
AMENDED AND RESTATED MASTER SUPPLY AGREEMENTMaster Supply Agreement • February 29th, 2016 • Emerge Energy Services LP • Oil & gas field services, nec • Wisconsin
This AMENDED AND RESTATED MASTER SUPPLY AGREEMENT (this “Agreement”), executed and effective as of the 21st day of December, 2015 (the “Effective Date”) [Note: This Agreement will not be effective until the Closing under the APA], is between Performance Technologies, LLC, an Oklahoma limited liability company (“Buyer”), and Superior Silica Sands LLC, a Texas limited liability company (“Supplier”). Buyer and Supplier may be hereinafter referred to as the “Parties” or individually, as a “Party”.
AMENDMENT NO. 1 TO THE FIRST AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF EMERGE ENERGY SERVICES LPSecurities Purchase Agreement • August 16th, 2016 • Emerge Energy Services LP • Oil & gas field services, nec • Delaware
This Amendment No. 1 (this “Amendment”) to the First Amended and Restated Agreement of Limited Partnership of Emerge Energy Services LP, a Delaware limited partnership (the “Partnership”), dated as of May 14, 2013 (as so amended, the “Partnership Agreement”), is entered into effective as of August 15, 2016 at the direction of Emerge Energy Services GP LLC, as the general partner of the Partnership (the “General Partner”), pursuant to authority granted to it in Section 13.1 of the Partnership Agreement. Capitalized terms used but not defined herein have the meanings ascribed to them in the Partnership Agreement.
AMENDMENT TO LETTER AGREEMENTLetter Agreement • June 4th, 2013 • Emerge Energy Services LP • Oil & gas field services, nec
This Amendment to Letter Agreement (this “Amendment”) is made as of May 29, 2013, by and between Robert Lane (“Employee”) and Emerge Energy Services GP, LLC. Capitalized terms used herein without definition shall have the meanings ascribed thereto in the Employment Agreement (as defined below).
WET SAND SUPPLY AGREEMENT between Superior Silica Sands LLC and Midwest Frac and Sands LLC Dated July 17, 2012Wet Sand Supply Agreement • April 24th, 2013 • Emerge Energy Services LP • Oil & gas field services, nec • Wisconsin
NOW, THEREFORE, for and in consideration of the promises and mutual covenants contained herein, and intending to be legally bound, the Parties hereby agree as follows:
SECOND AMENDMENT TO AMENDED EMPLOYMENT LETTEREmerge Energy Services LP • November 3rd, 2016 • Mining & quarrying of nonmetallic minerals (no fuels)
This Second Amendment to Amended Employment Letter (this “Amendment”) is made as of November 2, 2016, by and between Rick Shearer (“Employee”) and Emerge Energy Services GP, LLC (the “Company”). Capitalized terms used herein without definition shall have the meanings ascribed thereto in the Amended Employment Letter (as defined below).
Emerge Energy Services LP Increases Its Credit FacilityEmerge Energy Services LP • December 12th, 2013 • Oil & gas field services, nec
Southlake, Texas — December 12, 2013 — On December 10, 2013, Emerge Energy Services LP (“Emerge”) entered into the third amendment (the “Amendment”) to the revolving credit and security agreement, dated as of May 14, 2013 (as amended, the “Credit Agreement”), among Emerge, as parent guarantor, each of its subsidiaries, as borrowers (the “Borrowers”), PNC Bank, National Association (“PNC Bank”), as administrative agent and collateral agent, and the other lenders party thereto (together with PNC Bank, the “Lenders”).
FIRST AMENDMENT TO AMENDED AND RESTATED REVOLVING CREDIT AND SECURITY AGREEMENTRevolving Credit and Security Agreement • April 8th, 2015 • Emerge Energy Services LP • Oil & gas field services, nec • New York
THIS FIRST AMENDMENT TO AMENDED AND RESTATED REVOLVING CREDIT AND SECURITY AGREEMENT (this “Amendment”), dated as of April 6, 2015, is entered into by and among the Lenders signatory hereto, PNC BANK, NATIONAL ASSOCIATION, in its capacity as agent for the Lenders (in such capacity, the “Agent”), EMERGE ENERGY SERVICES LP, a Delaware limited partnership (the “Parent Guarantor”), and each of the undersigned Borrowers. Terms used herein without definition shall have the meanings ascribed to them in the Credit Agreement defined below.
PURCHASE OPTION AGREEMENTPurchase Option Agreement • February 29th, 2016 • Emerge Energy Services LP • Oil & gas field services, nec • Wisconsin
THIS PURCHASE OPTION AGREEMENT (this “Agreement”), executed and effective as of the 21st day of December, 2015 (the “Effective Date”) [Note: This Agreement will not be effective until the Closing under the APA.], is between Performance Technologies, LLC, an Oklahoma limited liability company (“Company”), and Superior Silica Sands LLC, a limited liability company (“Supplier”). Company and Supplier may be hereinafter referred to as the “Parties” or individually, as a “Party”.
