EMPLOYMENT AGREEMENTEmployment Agreement • May 1st, 2008 • Intrepid Potash, Inc. • Mining & quarrying of nonmetallic minerals (no fuels) • Colorado
EMPLOYMENT AGREEMENT (the “Agreement”) dated April 25, 2008 between Intrepid Potash Inc., a Delaware corporation, having its principal executive offices in Denver, Colorado, (the “Company”) and Hugh E. Harvey, Jr. (“Executive”).
TRANSITION SERVICES AGREEMENTTransition Services Agreement • May 1st, 2008 • Intrepid Potash, Inc. • Mining & quarrying of nonmetallic minerals (no fuels) • Colorado
This Transition Services Agreement (this “Agreement”), is entered into as of April 25, 2008 (the “Effective Date”), between Intrepid Potash, Inc., a Delaware corporation (“Intrepid Potash”), and Intrepid Oil & Gas, LLC, a Colorado limited liability company (“IOG”), and for the limited purposes of joining in and agreeing to Sections 8 and 9, Intrepid Potash-Moab, LLC, a Delaware limited liability company (“Intrepid Moab”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • May 1st, 2008 • Intrepid Potash, Inc. • Mining & quarrying of nonmetallic minerals (no fuels) • Colorado
This REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is entered into as of April 25, 2008 by and among Intrepid Potash, Inc., a Delaware corporation (the “Company”), Harvey Operating & Production Company, a Colorado corporation (“HOPCO”), Intrepid Production Corporation, a Colorado corporation (“IPC”), and Potash Acquisition, LLC, a Delaware limited liability company (“PAL” and, collectively with HOPCO and IPC, the “Original Stockholders”).
DIRECTOR DESIGNATION AND VOTING AGREEMENTDirector Designation and Voting Agreement • May 1st, 2008 • Intrepid Potash, Inc. • Mining & quarrying of nonmetallic minerals (no fuels) • Delaware
THIS DIRECTOR DESIGNATION AND VOTING AGREEMENT dated as of April 25, 2008 (this “Agreement”), is among Intrepid Potash, Inc., a Delaware corporation (“Intrepid”), Harvey Operating and Production Company, a Colorado corporation (“HOPCO”), Intrepid Production Corporation, a Colorado corporation (“IPC”), and Potash Acquisition, LLC, a Delaware limited liability company (“PAL” and, collectively with HOPCO and IPC, the “Founding Stockholders”). Certain terms used in this Agreement are defined in Section 1.1.
FOURTH AMENDMENT OF THIRD AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • May 1st, 2008 • Intrepid Potash, Inc. • Mining & quarrying of nonmetallic minerals (no fuels) • Colorado
THIS FOURTH AMENDMENT OF THIRD AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”), dated as of April 25, 2008 (the “Effective Date”), is by and among INTREPID MINING LLC, a Delaware limited liability company (“IMLLC”), formerly by way of conversion Intrepid Mining LLC, a Colorado limited liability company, INTREPID POTASH-MOAB, LLC, a Delaware limited liability company (“IPMLLC”), INTREPID POTASH-NEW MEXICO, LLC, a New Mexico limited liability company (“IPNMLLC”), INTREPID POTASH-WENDOVER, LLC, a Colorado limited liability company (“IPWLLC”), INTREPID POTASH, INC., a Delaware corporation (“IPI”), U.S. BANK NATIONAL ASSOCIATION, a national banking association (“USB”), in its capacity as lead arranger and Agent (“Agent”), and the Lenders (as defined below).
