WAIVER AND AMENDMENT NO. 5 TO CREDIT AGREEMENTCredit Agreement • March 24th, 2016 • Intrepid Potash, Inc. • Mining & quarrying of nonmetallic minerals (no fuels) • Colorado
THIS WAIVER AND AMENDMENT NO. 5 TO CREDIT AGREEMENT (this “Waiver and Amendment No. 5”) is made as of March 23, 2016 (the “Effective Date”) by and among INTREPID POTASH, INC. (the “Borrower”), each of the Lenders party hereto and U.S. BANK NATIONAL ASSOCIATION, as Administrative Agent (in such capacity, the “Administrative Agent”), under that certain Credit Agreement, dated as of August 3, 2011 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among the Borrower, the Lenders party thereto, and the Administrative Agent. Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the Credit Agreement.
INTREPID POTASH, INC. WAIVER TO NOTE PURCHASE AGREEMENT $60,000,000 3.23% Senior Notes, Series A, due April 16, 2020 $45,000,000 4.13% Senior Notes, Series B, due April 14, 2023 $45,000,000 4.28% Senior Notes, Series C, due April 16, 2025Note Purchase Agreement • March 24th, 2016 • Intrepid Potash, Inc. • Mining & quarrying of nonmetallic minerals (no fuels) • New York
Reference is made to the Note Purchase Agreement dated as of August 28, 2012 among Intrepid Potash, Inc. (the “Company”) and the Purchasers listed in Schedule A attached thereto, as amended by that certain First Amendment to Note Purchase Agreement dated as of January 15, 2016 (as so amended, the “Existing Note Purchase Agreement”), pursuant to which the Company issued (i) $60,000,000 aggregate principal amount of its 3.23% Senior Notes, Series A, due April 16, 2020; (ii) $45,000,000 aggregate principal amount of its 4.13% Senior Notes, Series B, due April 14, 2023; and (iii) $45,000,000 aggregate principal amount of its 4.28% Senior Notes, Series C, due April 16, 2025 (collectively, the “Notes”). You are referred to herein individually as a “Holder” and collectively as the “Holders.” The Existing Note Purchase Agreement, as modified by this Waiver to Note Purchase Agreement (this “Waiver Agreement”) and as may be further amended, restated, supplemented or otherwise modified from time
