0001104659-16-156947 Sample Contracts

INTREPID POTASH, INC. FIRST AMENDMENT TO AMENDED AND RESTATED NOTE PURCHASE AGREEMENT Senior Secured Notes, Series A, due April 16, 2020 Senior Secured Notes, Series B, due April 14, 2023 Senior Secured Notes, Series C, due April 16, 2025
Note Purchase Agreement • November 14th, 2016 • Intrepid Potash, Inc. • Mining & quarrying of nonmetallic minerals (no fuels) • New York

Reference is made to the Amended and Restated Note Purchase Agreement dated as of October 31, 2016 among Intrepid Potash, Inc. (the “Company”) and the Existing Noteholders listed in Schedule A attached thereto (the “Existing Note Purchase Agreement”). You are referred to herein individually as a “Holder” and collectively as the “Holders.” The Existing Note Purchase Agreement, as modified by this First Amendment to Amended and Restated Note Purchase Agreement (this “Amendment Agreement”) and as may be further amended, restated, supplemented or otherwise modified from time to time, is referred to herein as the “Note Purchase Agreement”. Capitalized terms used and not otherwise defined herein have the meanings ascribed to them in the Note Purchase Agreement.

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