Senior Secured Note Sample Contracts

Bloom Energy Corp – BLOOM ENERGY CORPORATION, as Issuer, the Guarantor Party Hereto as of the Date Hereof and Any Guarantor That Becomes Party Hereto Pursuant to Section 4.10 Hereof 10% Senior Secured Notes Due 2024 INDENTURE Dated as of June 29, 2017 U.S. BANK NATIONAL ASSOCIATION, as Trustee and as Collateral Agent (June 12th, 2018)

INDENTURE dated as of June 29, 2017 among Bloom Energy Corporation, a Delaware corporation with an address at 1299 Orleans Drive, Sunnyvale, California 94089 (the Issuer), the Guarantor party hereto as of the date hereof, any other Guarantor that becomes party hereto pursuant to Section 4.10, and U.S. Bank National Association, as trustee (as more fully defined in Section 1.01, the Trustee) and as collateral agent (as more fully defined in Section 1.01, the Collateral Agent).

Vivus, Inc. – VIVUS, INC., as Issuer, and Any Guarantor That Becomes Party Hereto Pursuant to Section 4.12 Hereof 10.375% Senior Secured Notes Due 2024 (June 11th, 2018)

INDENTURE dated as of June 8, 2018 among VIVUS, Inc., a Delaware corporation with an address at 900 East Hamilton Avenue, Suite 550, Campbell, California 95008 (the Issuer), any Guarantor that becomes party hereto pursuant to Section 4.12, and U.S. Bank National Association, a national banking association, as trustee (as more fully defined in Section 1.01, the Trustee) and as collateral agent (as more fully defined in Section 1.01, the Collateral Agent).

YayYo, Inc. – Yayyo, Inc. Senior Secured Note (June 7th, 2018)

FOR VALUE RECEIVED, Yayyo, Inc., a Delaware corporation (the "Company"), hereby promises to pay to the order of Bellridge Capital, LP or its registered assigns ("Holder") the amount set forth above as the Original Principal Amount (as reduced pursuant to the terms hereof pursuant to redemption or otherwise, the "Principal") when due, whether upon the Maturity Date (as defined below), acceleration, redemption or otherwise (in each case in accordance with the terms hereof) and to pay interest ("Interest") on any outstanding Principal at a rate per annum equal to the Interest Rate (as defined below), from the date set out above as the Issuance Date (the "Issuance Date") until the same becomes due and payable, whether upon an Interest Date (as defined below), the Maturity Date, acceleration, redemption or otherwise (in each case in accordance with the terms hereof). This Senior Secured Note (including all Senior Secured Notes issued in exchange, transfer or replacement hereof, this "Note")

Ener-Core Inc. – [Form of Senior Secured Note] (June 6th, 2018)

FOR VALUE RECEIVED, Ener-Core, Inc., a Delaware corporation (the "Company"), hereby promises to pay to [BUYER] or registered assigns (the "Holder") in cash and/or in shares of Common Stock (as defined below) the amount set out above as the Original Principal Amount (as reduced pursuant to the terms hereof pursuant to redemption, conversion or otherwise, the "Principal") when due, whether upon the Maturity Date (as defined below), acceleration, redemption or otherwise (in each case in accordance with the terms hereof) and to pay interest ("Interest") on any outstanding Principal at the applicable Interest Rate from the date set out above as the Issuance Date (the "Issuance Date") until the same becomes due and payable, whether upon an Interest Date (as defined below), the Maturity Date, acceleration, conversion, redemption or otherwise (in each case in accordance with the terms hereof). This Senior Secured Note (including all Senior Secured Notes issued in exchange, transfer or replacem

SENIOR SECURED NOTES INDENTURE Dated as of May 29, 2018 Among MICROCHIP TECHNOLOGY INCORPORATED THE GUARANTORS LISTED ON THE SIGNATURE PAGES HERETO and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Trustee and Notes Collateral Agent 3.922% SENIOR SECURED NOTES DUE 2021 4.333% SENIOR SECURED NOTES DUE 2023 (May 30th, 2018)

INDENTURE, dated as of May 29, 2018, among Microchip Technology Incorporated, a Delaware corporation (the Company), the Guarantors listed on the signature pages hereto and Wells Fargo Bank, National Association, as trustee and collateral agent.

Microchip Technology Incorporated $ 1,000,000,000 3.922% Senior Secured Notes Due 2021 $ 1,000,000,000 4.333% Senior Secured Notes Due 2023 Purchase Agreement May 23, 2018 (May 30th, 2018)
EP ENERGY LLC and EVEREST ACQUISITION FINANCE INC. As Issuers and the Subsidiary Guarantors Party Hereto From Time to Time 7.750% Senior Secured Notes Due 2026 (May 24th, 2018)

INDENTURE, dated as of May 23, 2018, among EP ENERGY LLC, a Delaware limited liability company (together with its successors and assigns, Holdings), EVEREST ACQUISITION FINANCE INC., a Delaware corporation (together with its successors and assigns, the Co-Issuer and, together with Holdings, the Issuers), the Subsidiary Guarantors party hereto from time to time (as defined below) and Wilmington Trust, National Association, as trustee (the Trustee) and as collateral agent (the Notes Collateral Agent).

SAILFISH ENERGY HOLDINGS Corp – TALOS PRODUCTION LLC and TALOS PRODUCTION FINANCE INC. As Issuers and the Subsidiary Guarantors Party Hereto From Time to Time 11.00% Second-Priority Senior Secured Notes Due 2022 INDENTURE Dated as of May 10, 2018 and WILMINGTON TRUST, NATIONAL ASSOCIATION as Trustee and Collateral Agent (May 16th, 2018)

INDENTURE, dated as of May 10, 2018 among TALOS PRODUCTION LLC, a Delaware limited liability company (together with its successors and assigns, Holdings), TALOS PRODUCTION FINANCE INC., a Delaware corporation (together with its successors and assigns, the Co-Issuer and, together with Holdings, the Issuers), the Subsidiary Guarantors party hereto from time to time (as defined below) and WILMINGTON TRUST,

Akoustis Technologies, Inc. – AKOUSTIS TECHNOLOGIES, INC. 6.5% Convertible Senior Secured Notes Due 2023 Purchase Agreement (May 15th, 2018)
Akoustis Technologies, Inc. – The GUARANTORS LISTED HEREIN, AND THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee and Collateral Agent INDENTURE Dated as of May 14, 2018 6.5% CONVERTIBLE SENIOR SECURED NOTES DUE 2023 (May 15th, 2018)

INDENTURE dated as of May 14, 2018, by and among Akoustis Technologies, Inc., a Delaware corporation (including any successors or assigns), the Guarantors (as defined below), The Bank of New York Mellon Trust Company, N.A., a national banking association, as Trustee and The Bank of New York Mellon Trust Company, N.A., a national banking association, as Collateral Agent.

CEMEX, S.A.B. De C.V., THE NOTE GUARANTORS PARTY HERETO, THE BANK OF NEW YORK MELLON, AS TRUSTEE AND THE BANK OF NEW YORK MELLON, LONDON BRANCH, AS PAYING AGENT AND TRANSFER AGENT 2.750% SENIOR SECURED NOTES DUE 2024 INDENTURE ( Denominated Notes) Dated as of December 5, 2017 (April 30th, 2018)

INDENTURE, dated as of December 5, 2017, among CEMEX, S.A.B. de C.V., a publicly traded stock corporation with variable capital (sociedad anonima bursatil de capital variable) organized under the laws of the United Mexican States (the Issuer), the guarantors listed on Schedule I hereto, as guarantors of the Issuers obligations under this Indenture and the Notes, The Bank of New York Mellon, as trustee (the Trustee) and The Bank of New York Mellon, London Branch, as paying agent (the Paying Agent) and transfer agent (the Transfer Agent).

Lsb Industries Inc. – LSB INDUSTRIES, INC. And THE GUARANTORS PARTY HERETO 9.625% Senior Secured Notes Due 2023 INDENTURE Dated as of April 25, 2018 Wilmington Trust, National Association Trustee and Notes Collateral Agent (April 25th, 2018)

INDENTURE dated as of April 25, 2018, among LSB Industries, Inc., a Delaware corporation (the Company), the Guarantors and Wilmington Trust, National Association, a national banking association, as trustee (in such capacity, the Trustee), and as collateral agent (in such capacity, the Notes Collateral Agent).

DOMINOS PIZZA MASTER ISSUER LLC, DOMINOS PIZZA DISTRIBUTION LLC, DOMINOS IP HOLDER LLC and DOMINOS SPV CANADIAN HOLDING COMPANY INC., Each as Co-Issuer and CITIBANK, N.A., as Trustee and Series 2018-1 Securities Intermediary SERIES 2018-1 SUPPLEMENT Dated as of April 24, 2018 to AMENDED AND RESTATED BASE INDENTURE Dated as of March 15, 2012 $425,000,000 Series 2018-1 4.116% Fixed Rate Senior Secured Notes, Class A-2-I $400,000,000 Series 2018-1 4.328% Fixed Rate Senior Secured Notes, Class A-2-Ii (April 25th, 2018)

SERIES 2018-1 SUPPLEMENT, dated as of April 24, 2018 (this Series Supplement), by and among DOMINOS PIZZA MASTER ISSUER LLC, a Delaware limited liability company (the Master Issuer), DOMINOS PIZZA DISTRIBUTION LLC, a Delaware limited liability company (the Domestic Distributor), DOMINOS IP HOLDER LLC, a Delaware limited liability company (the IP Holder), DOMINOS SPV CANADIAN HOLDING COMPANY INC., a Delaware corporation (the SPV Canadian Holdco and, together with the Master Issuer, the Domestic Distributor, and the IP Holder, collectively, the Co-Issuers and each, a Co-Issuer), each as a Co-Issuer, and CITIBANK, N.A., a national banking association, as trustee (in such capacity, the Trustee) and as Series 2018-1 Securities Intermediary, to the Base Indenture, dated as March 15, 2012, by and among the Co-Issuers and CITIBANK, N.A., as Trustee and Securities Intermediary (as amended, modified or supplemented from time to time, exclusive of Series Supplements, the Base Indenture).

Signature Group Hold – KEIP 1 Confidential Real Alloy KEIP Outline Term Description Amount 8 Key Executives; Maximum Base of $1.3 Million ($1.2 Million Plus Unspent KERP Up to $1.3 Million Plus Up to $433k to the Extent Goals Are Exceeded). Timing Payment Upon Consummation of a Sale; Provided, However, That 25% of the EBITDA Bonus/Asb Bonus in Excess of the 100% Benchmark KEIP Bonus Amounts, if Earned, Would Be Payable Upon Consummation of a Chapter 11 Plan. For the Avoidance of Doubt, KEIP Participants Are Not Required to Remain With the Company Through Plan Consummation. Other Conditions if Participant Resigns or (April 5th, 2018)
SPRINT SPECTRUM CO LLC, SPRINT SPECTRUM CO II LLC, SPRINT SPECTRUM CO III LLC, as Issuers, and DEUTSCHE BANK TRUST COMPANY AMERICAS, as Trustee and Securities Intermediary SERIES 2018-1 SUPPLEMENT Dated as of March 21, 2018 to BASE INDENTURE $2,100,000,000 Series 2018-1 4.738% Senior Secured Notes, Class A-1 $1,837,500,000 Series 2018-1 5.152% Senior Secured Notes, Class A-2 (March 21st, 2018)

SERIES 2018-1 SUPPLEMENT, dated as of March 21, 2018 (this Series Supplement), by and among SPRINT SPECTRUM CO LLC (the Master Issuer), SPRINT SPECTRUM CO II LLC (Co-Issuer II), SPRINT SPECTRUM CO III LLC (Co-Issuer III and, together with Co-Issuer II and the Master Issuer, the Issuers), each a Delaware limited liability company and DEUTSCHE BANK TRUST COMPANY AMERICAS, not in its individual capacity but solely as trustee (in such capacity, the Trustee) and as the securities intermediary (in such capacity the Securities Intermediary), to the Base Indenture, dated as of October 27, 2016, by and among the Issuers and the Trustee, as amended by the first supplemental indenture, dated as of March 12, 2018 (the First Supplemental Indenture), by and among the Issuers and the Trustee (and as further amended, modified or supplemented from time to time, exclusive of Series Supplements, the Base Indenture).

BRISTOW GROUP INC. AND THE GUARANTORS NAMED ON THE SIGNATURE PAGES HERETO 8.75% SENIOR SECURED NOTES DUE 2023 INDENTURE Dated as of March 6, 2018 U.S. BANK NATIONAL ASSOCIATION, as Trustee and Collateral Agent (March 6th, 2018)

This INDENTURE, dated as of March 6, 2018 (this Indenture), is entered into among Bristow Group Inc., a Delaware corporation (the Company), the Guarantors listed on the signature pages hereto and U.S. Bank National Association, a national banking association organized under the laws of the United States of America, as trustee (the Trustee) and as collateral agent (the Collateral Agent).

IBEX Holdings Ltd – Senior Secured Note (February 23rd, 2018)

FOR VALUE RECEIVED, e-TeleQuote Insurance, Inc., a Florida corporation (the "Company"), promises to pay to ___________ (the "Holder"), subject to the terms and conditions set forth herein, the principal sum of ___________ ($___________). This Senior Secured Note (this "Note") is issued as of the date first written above (the "Issuance Date") and is one of a series of notes containing substantially identical terms and conditions issued pursuant to that certain Note Purchase Agreement dated as of February 19, 2014 (as amended, restated or otherwise modified from time to time, the "NPA"). Capitalized terms used herein and not otherwise defined shall have the meanings given to such terms in the NPA. Such notes are referred to herein collectively as the "Notes," and the holders thereof are referred to herein collectively as the "Holders". This Note is subject to the following terms and conditions.

IBEX Holdings Ltd – Senior Secured Note (February 23rd, 2018)

FOR VALUE RECEIVED, e-TeleQuote Insurance, Inc., a Florida corporation (the "Company"), promises to pay to ___________ (the "Holder"'), subject to the terms and conditions set forth herein, the principal sum of ___________ Dollars ($___________). This Senior Secured Note (this "Note") is issued as of the date first written above (the "Issuance Date") and is one of a series of notes containing substantially identical terms and conditions issued pursuant to that certain Note Purchase Agreement dated as of February 19, 2014 (as amended, restated or otherwise modified from time to time, the "NPA"). Capitalized terms used herein and not otherwise defined shall have the meanings given to such terms in the NPA. Such notes are referred to herein collectively as the "Notes," and the holders thereof are referred to herein collectively as the "Holders". This Note is subject to the following terms and conditions.

IBEX Holdings Ltd – Senior Secured Note (February 23rd, 2018)

FOR VALUE RECEIVED, e-TeleQuote Insurance, Inc., a Florida corporation (the "Company"), promises to pay to ___________ (the "Holder"), subject to the terms and conditions set forth herein, the principal sum of ___________ ($___________). This Senior Secured Note (this "Note") is issued as of the date first written above (the "Issuance Date") and is one of a series of notes containing substantially identical terms and conditions issued pursuant to that certain Note Purchase Agreement dated as of June, 2017 (as amended, restated or otherwise modified from time to time, the "NPA"). Capitalized terms used herein and not otherwise defined shall have the meanings given to such terms in the NPA. Such notes are referred to herein collectively as the "Notes," and the holders thereof are referred to herein collectively as the "Holders". This Note is subject to the following terms and conditions.

Indenture Dated as of February 2, 2018 Senior Secured Notes Due 2024 (February 6th, 2018)

This INDENTURE, dated as of February 2, 2018 (this "Indenture"), is by and among Full House Resorts, Inc., a Delaware corporation (such company and any successor, the "Company"), the Guarantors (as defined herein) and Wilmington Trust, National Association, as trustee (such institution and any successor, the "Trustee"), as Collateral Agent (as defined herein) and as Calculation Agent (as defined herein).

Ener-Core Inc. – [Form of Senior Secured Note] (January 26th, 2018)

FOR VALUE RECEIVED, Ener-Core, Inc., a Delaware corporation (the "Company"), hereby promises to pay to [BUYER] or registered assigns (the "Holder") in cash and/or in shares of Common Stock (as defined below) the amount set out above as the Original Principal Amount (as reduced pursuant to the terms hereof pursuant to redemption, conversion or otherwise, the "Principal") when due, whether upon the Maturity Date (as defined below), acceleration, redemption or otherwise (in each case in accordance with the terms hereof) and to pay interest ("Interest") on any outstanding Principal at the applicable Interest Rate from the date set out above as the Issuance Date (the "Issuance Date") until the same becomes due and payable, whether upon an Interest Date (as defined below), the Maturity Date, acceleration, conversion, redemption or otherwise (in each case in accordance with the terms hereof). This Senior Secured Note (including all Senior Secured Notes issued in exchange, transfer or replacem

United Rentals Realty, LLC – [ ]% Senior Secured Notes Due [ ] (January 25th, 2018)

SENIOR SECURED INDENTURE, dated as of [ ], 20[ ], among UNITED RENTALS (NORTH AMERICA), INC., a corporation duly organized and existing under the laws of the State of Delaware (herein called the Company), having its principal office at 100 First Stamford Place, Suite 700, Stamford, Connecticut 06902, UNITED RENTALS, INC., a corporation duly organized and existing under the laws of the State of Delaware (herein called Holdings), the Subsidiaries of the Company named in Schedule A (herein called the Subsidiary Guarantors and, together with Holdings, the Guarantors) and WELLS FARGO BANK, NATIONAL ASSOCIATION, national banking association having its designated corporate trust office at 150 East 42nd Street, 40th Floor, New York, New York 10017, as trustee (herein called the Trustee) and Notes Collateral Agent.

Sonic Capital LLC, Sonic Industries LLC, America's Drive-In Brand Properties LLC, America's Drive-In Restaurants LLC, SRI Real Estate Holding LLC, SRI Real Estate Properties LLC Series 2018-1 4.026% Fixed Rate Senior Secured Notes, Class A-2 PURCHASE AGREEMENT (January 24th, 2018)

The Offered Notes (i) will have terms and provisions that are summarized in the Pricing Disclosure Package (as defined below) and (ii) are to be issued pursuant to the Base Indenture, dated as of May 20, 2011 (the "Initial Closing Date") (as amended and supplemented as of the date hereof, the "Base Indenture"), and the Series 2018-1 Supplement thereto (the "Series 2018-1 Supplement" and, together with the Base Indenture, the Series 2013-1 Supplement thereto, dated as of July 18, 2013, and the Series 2016-1 Supplement thereto, dated as of May 17, 2016, the "Indenture"), to be dated as of the Closing Date, in each case entered into by and among the Co-Issuers and Citibank, N.A., as trustee (in such capacity, the "Trustee") and as securities intermediary. The Co-Issuers' obligations under the Offered Notes will be irrevocably and unconditionally guaranteed (the "Guarantee") by Sonic Franchising LLC, a Delaware limited liability company (the "Guarantor" and, together with the Co-Issuers, t

IBEX Holdings Ltd – Senior Secured Note (January 8th, 2018)

FOR VALUE RECEIVED, e-TeleQuote Insurance, Inc., a Florida corporation (the "Company"), promises to pay to ___________ (the "Holder"), subject to the terms and conditions set forth herein, the principal sum of ___________ ($___________). This Senior Secured Note (this "Note") is issued as of the date first written above (the "Issuance Date") and is one of a series of notes containing substantially identical terms and conditions issued pursuant to that certain Note Purchase Agreement dated as of February 19, 2014 (as amended, restated or otherwise modified from time to time, the "NPA"). Capitalized terms used herein and not otherwise defined shall have the meanings given to such terms in the NPA. Such notes are referred to herein collectively as the "Notes," and the holders thereof are referred to herein collectively as the "Holders". This Note is subject to the following terms and conditions.

IBEX Holdings Ltd – Senior Secured Note (January 8th, 2018)

FOR VALUE RECEIVED, e-TeleQuote Insurance, Inc., a Florida corporation (the "Company"), promises to pay to ___________ (the "Holder"), subject to the terms and conditions set forth herein, the principal sum of ___________ ($___________). This Senior Secured Note (this "Note") is issued as of the date first written above (the "Issuance Date") and is one of a series of notes containing substantially identical terms and conditions issued pursuant to that certain Note Purchase Agreement dated as of June, 2017 (as amended, restated or otherwise modified from time to time, the "NPA"). Capitalized terms used herein and not otherwise defined shall have the meanings given to such terms in the NPA. Such notes are referred to herein collectively as the "Notes," and the holders thereof are referred to herein collectively as the "Holders". This Note is subject to the following terms and conditions.

IBEX Holdings Ltd – Senior Secured Note (January 8th, 2018)

FOR VALUE RECEIVED, e-TeleQuote Insurance, Inc., a Florida corporation (the "Company"), promises to pay to ___________ (the "Holder"'), subject to the terms and conditions set forth herein, the principal sum of ___________ Dollars ($___________). This Senior Secured Note (this "Note") is issued as of the date first written above (the "Issuance Date") and is one of a series of notes containing substantially identical terms and conditions issued pursuant to that certain Note Purchase Agreement dated as of February 19, 2014 (as amended, restated or otherwise modified from time to time, the "NPA"). Capitalized terms used herein and not otherwise defined shall have the meanings given to such terms in the NPA. Such notes are referred to herein collectively as the "Notes," and the holders thereof are referred to herein collectively as the "Holders". This Note is subject to the following terms and conditions.

EP ENERGY LLC and EVEREST ACQUISITION FINANCE INC. As Issuers and the Subsidiary Guarantors Party Hereto From Time to Time 9.375% Senior Secured Notes Due 2024 (January 4th, 2018)

INDENTURE, dated as of January 3, 2018, among EP ENERGY LLC, a Delaware limited liability company (together with its successors and assigns, Holdings), EVEREST ACQUISITION FINANCE INC., a Delaware corporation (together with its successors and assigns, the Co-Issuer and, together with Holdings, the Issuers), the Subsidiary Guarantors party hereto from time to time (as defined below) and Wilmington Trust, National Association, as trustee (the Trustee) and as collateral agent (the Notes Collateral Agent).

Camposol Holding Plc – CAMPOSOL S.A. 10.50% SENIOR SECURED NOTES DUE 2021 INDENTURE Dated as of May 27, 2016 CAMPOSOL S.A., as Issuer CAMPOSOL HOLDING LTD., as Parent Guarantor CAMPOINCA S.A. And MARINAZUL S.A., as Subsidiary Guarantors THE BANK OF NEW YORK MELLON, as Trustee, Registrar, Paying Agent and Transfer Agent THE BANK OF NEW YORK MELLON (LUXEMBOURG) S.A., as Luxembourg Listing Agent, Luxembourg Paying Agent and Luxembourg Transfer Agent and LA FIDUCIARIA S.A. As Peruvian Trustee and Collateral Agent (December 29th, 2017)

INDENTURE, dated as of May 27, 2016, among CAMPOSOL S.A., a corporation (sociedad anonima) organized under the laws of Peru (the Issuer), CAMPOSOL HOLDING LTD., a public limited company organized under the laws of Cyprus (the Parent Guarantor), CAMPOINCA S.A., a corporation (sociedad anonima) organized under the laws of Peru and MARINAZUL S.A., a corporation (sociedad anonima) organized under the laws of Peru (together, the Subsidiary Guarantors, and together with the Parent Guarantor, the Guarantors), THE BANK OF NEW YORK MELLON, a banking corporation, organized and existing under the laws of the State of New York as trustee (together with its successors hereunder, in such capacity, the Trustee), registrar (in such capacity, the Registrar), transfer agent (in such capacity, the Transfer Agent) and paying agent (in such capacity, the Paying Agent, and together with any other paying agents under this Indenture in their respective capacities as such, the Paying Agents), THE BANK OF NEW Y

$212.5 Million Senior Unsecured Term Loan Credit Facility $125.0 Million Senior Secured First Lien Revolving Credit Facility $25.0 Million 10.500% Senior Secured Notes Due 2024 Commitment Letter (December 28th, 2017)

This Confirmation and Acknowledgement, dated as of January 15, 2019 (this "Confirmation"), is being delivered in connection with the execution and delivery of that certain Supplemental Indenture dated as of the date hereof, among the Company, the Issuer, each other Guarantor (as defined therein) party thereto, the Trustee and the Collateral Agent, pursuant to which the Issuer is issuing additional 10.500% Senior Secured Notes due 2024 (the "Additional 10.500% Notes"). The parties hereto hereby acknowledge that any Senior Secured Notes (including without limitation, the Additional 10.500% Notes) issued on the date hereof or issued after the date hereof shall constitute Secured Notes and Junior Claims, and the holders of such Secured Notes and Junior Claims constitute Noteholders and Junior Creditors, in each case for all purposes under the Intercreditor Agreement (subject to the terms and conditions therein) and the Mortgage Tax Collateral Agency Agreement.

Ener-Core Inc. – First Amendment to Senior Secured Notes (December 28th, 2017)

This FIRST AMENDMENT TO SENIOR SECURED NOTES (the "Amendment"), dated as of December 28, 2017, is made by and between Ener-Core, Inc., a Delaware corporation, with headquarters located at 8965 Research Drive, Suite 100, Irvine, California 92618 (the "Company"), and the investor listed on the signature page attached hereto (the "Holder"), and amends those certain Senior Secured Notes, dated as of September 19, 2017, November 1, 2017 and December 20, 2017 (the "2017 Notes"), as issued by the Company pursuant to that certain Securities Purchase Agreement, dated September 19, 2017, by and among the Company, the "Buyers" identified therein and the Collateral Agent identified therein (as the same may be amended, restated, joined or otherwise modified from time to time, the "September 2017 SPA"). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the 2017 Notes.

Workhorse Group Inc. – [Form of Senior Secured Note] (December 27th, 2017)

THIS NOTE HAS BEEN ISSUED WITH ORIGINAL ISSUE DISCOUNT ("OID"). PURSUANT TO TREASURY REGULATION SS1.1275-3(b)(1), PAUL GAITAN, A REPRESENTATIVE OF THE COMPANY HEREOF WILL, BEGINNING TEN DAYS AFTER THE ISSUANCE DATE OF THIS NOTE, PROMPTLY MAKE AVAILABLE TO THE HOLDER UPON REQUEST THE INFORMATION DESCRIBED IN TREASURY REGULATION SS1.1275-3(b)(1)(i). PAUL GAITAN MAY BE REACHED AT TELEPHONE NUMBER (844) 937-9547.

Delta Petroleum Corporation – PAR PETROLEUM, LLC PAR PETROLEUM FINANCE CORP. PAR PACIFIC HOLDINGS, INC. AND EACH OF THE GUARANTORS PARTY HERETO 7.750% SENIOR SECURED NOTES DUE 2025 INDENTURE Dated as of December 21, 2017 WILMINGTON TRUST, NATIONAL ASSOCIATION, as Trustee WILMINGTON TRUST, NATIONAL ASSOCIATION, as Collateral Trustee (December 22nd, 2017)

INDENTURE dated as of December 21, 2017 among PAR PETROLEUM, LLC, a Delaware limited liability company (the Company), PAR PETROLEUM FINANCE CORP., a Delaware corporation (Finance Corp. and, together with the Company, the Issuers), PAR PACIFIC HOLDINGS, INC., a Delaware corporation (the Parent) for the limited purposes set forth in Section 11.06, the Guarantors (as defined), WILMINGTON TRUST, NATIONAL ASSOCIATION, as trustee (the Trustee), and WILMINGTON TRUST, NATIONAL ASSOCIATION, as collateral trustee (the Collateral Trustee).

The GUARANTORS PARTIES HERETO AND U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE AND FIRST LIEN NOTES COLLATERAL AGENT 4.875% Senior Secured Notes Due 2024 INDENTURE Dated as of December 19, 2017 (December 19th, 2017)

INDENTURE, dated as of December 19, 2017, among CLEVELAND-CLIFFS INC., an Ohio corporation (the "Company"), THE GUARANTORS (as defined herein) party hereto and U.S. BANK NATIONAL ASSOCIATION, as trustee (the "Trustee") and First Lien Notes Collateral Agent (as defined herein).

$1,000,000,000 5.500% Senior Secured Notes Due 2028 EU600,000,000 3.500% Senior Secured Notes Due 2028 (December 18th, 2017)

INDENTURE dated as of December 13, 2017 among Telenet Finance Luxembourg Notes S.a r.l., a private limited liability company (societe a responsabilite limitee) incorporated under the laws of the Grand Duchy of Luxembourg, having its registered office at 2, rue Peternelchen, L-2370 Howald, Luxembourg and registered with the Luxembourg Trade and Companies Register under number B219682, and any successor thereto, The Bank of New York Mellon, London Branch, as trustee and security trustee, The Bank of New York Mellon SA/NV, Luxembourg Branch as transfer agent and registrar and ING Belgium SA/NV, as paying and domiciliary agent.

Double Eagle Acquisition Corp. – 7.875% Senior Secured Notes Due 2022 (December 5th, 2017)

This Indenture, dated as of November 29, 2017 is by and among Williams Scotsman International, Inc., a Delaware corporation (the Company), the Guarantors (as defined herein), Deutsche Bank Trust Company Americas, a New York banking corporation, as trustee (in such capacity and not in its individual capacity, and together with its permitted successors and assigns in such capacity, the Trustee) and as collateral agent (in such capacity and not in its individual capacity, and together with its permitted successors and assigns in such capacity, the Collateral Agent).