SECURITY AGREEMENTSecurity Agreement • October 3rd, 2017 • Vista Proppants & Logistics Inc. • Mining & quarrying of nonmetallic minerals (no fuels) • Texas
This Security Agreement is entered into effective June 15, 2014, by GHMR OPERATIONS, L.L.C., a Texas limited liability company (“Grantor”), for the benefit of PLAINSCAPITAL BANK (“Lender”). For valuable consideration, Borrower grants to Lender a security interest in the Collateral to secure the Obligations (as defined below) and agrees that Lender shall have the rights stated in this Agreement with respect to the Collateral, in addition to all other rights which Lender may have by law.
LEASE AGREEMENTLease Agreement • October 3rd, 2017 • Vista Proppants & Logistics Inc. • Mining & quarrying of nonmetallic minerals (no fuels) • Texas
TIDS LEASE AGREEMENT (this “Lease”), is entered into as of May 1, 2016, by and between GHMR Operations, LLC (“Landlord”) and Maalt, LP (“Tenant”).
SECOND RESTATED LIMITED GUARANTYLimited Guaranty • October 3rd, 2017 • Vista Proppants & Logistics Inc. • Mining & quarrying of nonmetallic minerals (no fuels) • Texas
This Second Restated Limited Guaranty (this “Guaranty”) is entered into effective February 9, 2016, by GARY B. HUMPHREYS (“Guarantor”), for the benefit of PLAINSCAPITAL BANK (“Lender”). For valuable consideration, Guarantor absolutely and unconditionally guarantees and promises to pay to Lender or its order, in legal tender of the United States of America, the Obligations (as defined below) of MAALT, L.P., a Texas limited partnership, and GHMR OPERATIONS, L.L.C., a Texas limited liability company (collectively “Borrowers”), to Lender, subject to the limitation set forth in paragraph 2 below, and on the terms and conditions set forth in this Guaranty. Under this Guaranty, the obligations of Guarantor are continuing. This Guaranty amends and restates the restated limited guaranty dated February 11, 2015, executed by Guarantor in favor of Lender.
LEASE AGREEMENTLease Agreement • October 3rd, 2017 • Vista Proppants & Logistics Inc. • Mining & quarrying of nonmetallic minerals (no fuels) • Texas
THIS LEASE AGREEMENT (this “Lease Agreement”), dated this 1st day of December 2014, is made and entered into by and between the following parties:
Re: Loan AgreementVista Proppants & Logistics Inc. • October 3rd, 2017 • Mining & quarrying of nonmetallic minerals (no fuels) • Texas
This letter sets forth the Loan Agreement (this “Loan Agreement”) among MAALT, L.P., a Texas limited partnership, and GHMR OPERATIONS, L.L.C., a Texas limited liability company (collectively “Borrowers”); DENETZ LOGISTICS, L.L.C., a Texas limited liability company, GARY B. HUMPHREYS, MARTIN W. ROBERTSON, and the Trust Guarantors (as defined below) (collectively “Guarantors”); and PLAINSCAPITAL BANK (“Lender”), with respect to loans from Lender to Borrowers and obligations of Borrowers and Guarantors to Lender.
Re: First Amendment to Loan AgreementLoan Agreement • October 3rd, 2017 • Vista Proppants & Logistics Inc. • Mining & quarrying of nonmetallic minerals (no fuels)
This letter (this “Amendment”) amends the Loan Agreement (the “Loan Agreement”) dated June 15, 2014, among MAALT, L.P., a Texas limited partnership, and GHMR OPERATIONS, L.L.C., a Texas limited liability company (collectively “Borrowers”); DENETZ LOGISTICS, L.L.C., a Texas limited liability company, GARY B. HUMPHREYS, MARTIN W. ROBERTSON, and the Trust Guarantors (as defined below) (collectively “Guarantors”); and PLAINSCAPITAL BANK (“Lender”). Capitalized terms below have the meanings assigned in the Loan Agreement.
Re: Second Amendment to Loan AgreementVista Proppants & Logistics Inc. • October 3rd, 2017 • Mining & quarrying of nonmetallic minerals (no fuels)
This letter (this “Amendment”) amends the Loan Agreement dated June 15, 2014, among MAALT, L.P., a Texas limited partnership, and GHMR OPERATIONS, L.L.C., a Texas limited liability company (collectively “Borrowers”); DENETZ LOGISTICS, L.L.C., a Texas limited liability company, GARY B. HUMPHREYS, MARTIN W. ROBERTSON, and the Trust Guarantors (as defined below) (collectively “Guarantors”); and PLAINSCAPITAL BANK (“Lender”), as amended by the First Amendment dated February 11, 2015 (collectively the “Loan Agreement”). Capitalized terms below have the meanings assigned in the Loan Agreement.
RATIFICATION OF UNLIMITED GUARANTIESVista Proppants & Logistics Inc. • October 3rd, 2017 • Mining & quarrying of nonmetallic minerals (no fuels)
This Ratification of Unlimited Guaranties is signed effective February 9, 2016, by the undersigned guarantors (collectively “Guarantors”) in connection with the Second Term Loan to be made by PLAINSCAPITAL BANK (“Lender”) to MAALT, L.P., a Texas limited partnership, and GHMR OPERATIONS, L.L.C., a Texas limited liability company (collectively “Borrowers”). The Second Term Loan is defined in and governed by the Loan Agreement dated June 15, 2014, among Borrowers and Lender, as now or hereafter amended, restated, replaced, supplemented, or otherwise modified, from time to time (the “Loan Agreement”). Capitalized terms not otherwise defined have the meanings assigned in the Loan Agreement.
Re: Third Amendment to Loan AgreementVista Proppants & Logistics Inc. • October 3rd, 2017 • Mining & quarrying of nonmetallic minerals (no fuels)
This letter (this “Amendment”) amends the Loan Agreement dated June 15, 2014, among MAALT, LP., a Texas limited partnership, and GHMR OPERATIONS, L.L.C., a Texas limited liability company (collectively “Borrowers”); DENETZ LOGISTICS, L.L.C., a Texas limited liability company, GARY B. HUMPHREYS, MARTIN W. ROBERTSON, and the Trust Guarantors (as defined below) (collectively “Guarantors”); and PLAINSCAPITAL BANK (“Lender”), as amended by the First Amendment dated February 11, 2015, and the Second Amendment dated June 15, 2015 (collectively the “Loan Agreement”). Capitalized terms below have the meanings assigned in the Loan Agreement.
