0001193125-17-121529 Sample Contracts

AMENDMENT NO. 5 TO INTERCREDITOR AGREEMENT
Intercreditor Agreement • April 12th, 2017 • Nuverra Environmental Solutions, Inc. • Oil & gas field services, nec

THIS AMENDMENT NO. 5 TO INTERCREDITOR AGREEMENT (“Amendment”) is entered into as of April 10, 2017, by and among WELLS FARGO BANK, NATIONAL ASSOCIATION, as Pari Passu Collateral Agent for the Pari Passu Secured Parties, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Revolving Credit Agreement Agent for the Revolving Credit Agreement Secured Parties, and WILMINGTON SAVINGS FUND SOCIETY, FSB, as Term Loan Agent for the Term Loan Secured Parties.

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AMENDMENT NO. 4 TO INTERCREDITOR AGREEMENT
Intercreditor Agreement • April 12th, 2017 • Nuverra Environmental Solutions, Inc. • Oil & gas field services, nec

THIS AMENDMENT NO. 4 TO INTERCREDITOR AGREEMENT (“Amendment”) is entered into as of April 6, 2017, by and among WELLS FARGO BANK, NATIONAL ASSOCIATION, as Revolving Credit Agreement Agent, WILMINGTON SAVINGS FUND SOCIETY, FSB, as Term Loan Agent, and WILMINGTON SAVINGS FUND SOCIETY, FSB, as Second Lien Agent.

RESTRUCTURING SUPPORT AGREEMENT
Restructuring Support Agreement • April 12th, 2017 • Nuverra Environmental Solutions, Inc. • Oil & gas field services, nec • Delaware

This RESTRUCTURING SUPPORT AGREEMENT (together with all exhibits, schedules, and attachments hereto, as amended, supplemented, or otherwise modified from time to time in accordance with the terms hereof, this “Agreement”), dated as of April 9, 2017, is entered into by and among (a) Nuverra Environmental Solutions, Inc. (“Nuverra”) and Heckmann Water Resources Corporation, Heckmann Water Resources (CVR) Inc., 1960 Well Services, LLC, HEK Water Solutions, LLC, Appalachian Water Services, LLC, Badlands Power Fuels, LLC (a Delaware limited liability company), Badlands Power Fuels, LLC (a North Dakota limited liability company), Landtech Enterprises, L.L.C., Badlands Leasing, LLC, Ideal Oilfield Disposal, LLC, Nuverra Total Solutions, LLC, NES Water Solutions, LLC, and Heckmann Woods Cross, LLC (such entities, together with Nuverra, the (“Company” or, the “Nuverra Parties”); and (b) the undersigned holders of the 2021 Notes (as defined below) (together with their respective successors and p

SEVENTH AMENDMENT (INCREASE AMENDMENT) TO TERM LOAN CREDIT AGREEMENT
Term Loan Credit Agreement • April 12th, 2017 • Nuverra Environmental Solutions, Inc. • Oil & gas field services, nec

THIS SEVENTH AMENDMENT (INCREASE AMENDMENT) TO TERM LOAN CREDIT AGREEMENT (this “Amendment”) is entered into as of April 10, 2017, by and among the lenders identified on the signature pages hereof, WILMINGTON SAVINGS FUND SOCIETY, FSB, as administrative agent (in such capacity, “Administrative Agent”), WELLS FARGO BANK, NATIONAL ASSOCIATION, as collateral agent (in such capacity, “Collateral Agent”), NUVERRA ENVIRONMENTAL SOLUTIONS, INC., a Delaware corporation (“Borrower”), and the entities listed on Schedule 1 (“Guarantors”).

SIXTH AMENDMENT (INCREASE AMENDMENT) TO TERM LOAN CREDIT AGREEMENT
Term Loan Credit Agreement • April 12th, 2017 • Nuverra Environmental Solutions, Inc. • Oil & gas field services, nec

THIS SIXTH AMENDMENT (INCREASE AMENDMENT) TO TERM LOAN CREDIT AGREEMENT (this “Amendment”) is entered into as of April 6, 2017, by and among the lenders identified on the signature pages hereof, WILMINGTON SAVINGS FUND SOCIETY, FSB, as administrative agent (in such capacity, “Administrative Agent”), WELLS FARGO BANK, NATIONAL ASSOCIATION, as collateral agent (in such capacity, “Collateral Agent”), NUVERRA ENVIRONMENTAL SOLUTIONS, INC., a Delaware corporation (“Borrower”), and the entities listed on Schedule 1 (“Guarantors”).

April 10, 2017
Nuverra Environmental Solutions, Inc. • April 12th, 2017 • Oil & gas field services, nec

Reference is made to that certain Amended and Restated Credit Agreement dated as of February 3, 2014 (as amended, restated, modified or supplemented from time to time, the “Credit Agreement”) by and among Wells Fargo Bank, National Association, as agent (“Agent”) for the Lenders (as defined in the Credit Agreement) (the “Lenders”), and Nuverra Environmental Solutions, Inc., a Delaware corporation (“Borrower”).

April 6, 2017
Nuverra Environmental Solutions, Inc. • April 12th, 2017 • Oil & gas field services, nec

Reference is made to that certain Amended and Restated Credit Agreement dated as of February 3, 2014 (as amended, restated, modified or supplemented from time to time, the “Credit Agreement”) by and among Wells Fargo Bank, National Association, as agent (“Agent”) for the Lenders (as defined in the Credit Agreement) (the “Lenders”), and Nuverra Environmental Solutions, Inc., a Delaware corporation (“Borrower”).

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