INDEMNIFICATION AGREEMENTIndemnification Agreement • December 22nd, 2017 • Vista Proppants & Logistics Inc. • Mining & quarrying of nonmetallic minerals (no fuels) • Delaware
This Indemnification Agreement is effective as of , 2018 (this “Agreement”) and is between Vista Proppants and Logistics Inc., a Delaware corporation (the “Company”), and the undersigned director/officer of the Company (“Indemnitee”).
AMENDED AND RESTATED GUARANTY AGREEMENTGuaranty Agreement • December 22nd, 2017 • Vista Proppants & Logistics Inc. • Mining & quarrying of nonmetallic minerals (no fuels) • New York
THIS AMENDED AND RESTATED GUARANTY AGREEMENT (as it may be amended, restated, amended and restated, supplemented or modified from time to time, this “Guaranty”) is dated as of November 9, 2017, by each of the undersigned identified on the signature pages hereto as guarantors (together with any other entity that may become a party hereto as provided herein, each a “Guarantor”, and collectively, the “Guarantors”), in favor of ARES CAPITAL CORPORATION in its capacity as administrative agent (the “Administrative Agent”), each of the other Secured Parties and each of their successors and assigns as permitted pursuant to the Credit Agreement (as defined below) (the Administrative Agent, the other Secured Parties, and their successors and assigns, collectively, the “Beneficiaries”).
AMENDED AND RESTATED SENIOR SECURED CREDIT AGREEMENT dated as of November 9, 2017 among Vista Proppants and Logistics, LLC, as Parent VPROP Operating, LLC, a Delaware limited liability company, as the Borrower, Ares Capital Corporation, as...Senior Secured Credit Agreement • December 22nd, 2017 • Vista Proppants & Logistics Inc. • Mining & quarrying of nonmetallic minerals (no fuels) • New York
THIS AMENDED AND RESTATED SENIOR SECURED CREDIT AGREEMENT dated as of November 9, 2017, is among: Vista Proppants and Logistics, LLC, a Delaware limited liability company (“Parent”), VPROP Operating, LLC, a Delaware limited liability company (the “Borrower”); each of the Lenders from time to time party hereto; and Ares Capital Corporation, as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the “Administrative Agent”).
LEASE AGREEMENTLease Agreement • December 22nd, 2017 • Vista Proppants & Logistics Inc. • Mining & quarrying of nonmetallic minerals (no fuels) • Texas
THIS LEASE AGREEMENT (“Lease”), is made this 28th day of April, 2017 (“Effective Date”), by and between HOGG RANCH, LLC, a Texas limited liability company (“Landlord”), and LONESTAR PROSPECTS, LTD., a Texas limited partnership doing business as Vista Sand, by and through its general partner, Lonestar Prospects Management, L.L.C., a Texas limited liability company (“Tenant”).
AMENDED AND RESTATED INTERCREDITOR AGREEMENT by and among PLAINS CAPITAL BANK, as Revolving Lender, ARES CAPITAL CORPORATION, as Term Agent, and THE LOAN PARTIES PARTY HERETO Effective as of November 9, 2017Intercreditor Agreement • December 22nd, 2017 • Vista Proppants & Logistics Inc. • Mining & quarrying of nonmetallic minerals (no fuels) • New York
This AMENDED AND RESTATED INTERCREDITOR AGREEMENT (as amended, supplemented, restated, amended and restated, or otherwise modified from time to time pursuant to the terms hereof, this “Agreement”) dated as of November 9, 2017, is by and among (a) PLAINSCAPITAL BANK, in its capacity as Lender (together with its successors and assigns in such capacity, the “Revolving Lender”) for the Revolving Secured Parties (as defined below), (b) ARES CAPITAL CORPORATION, in its capacity as administrative agent (together with its successors and assigns in such capacity, the “Term Agent”) for the Term Secured Parties (as defined below) and (c) each of the Persons which are signatories to this Agreement as a Loan Party (as defined below).
