EX-10.9





 Exhibit 10.9 

Patent Security Agreement 

Patent Security Agreement, dated as of January 29, 2018, by WES, LLC (the “Pledgor”), in favor of DEUTSCHE BANK AG NEW
YORK BRANCH, in its capacity as administrative agent pursuant to the Credit Agreement (in such capacity, the “Administrative Agent”). 

W I T N
E S S E T H: 

WHEREAS, the Pledgor is party to an ABL Guarantee and Collateral Agreement dated as of September 30, 2013 and the First
Amendment to the ABL Guarantee and Collateral Agreement dated as of March 9, 2017 (as amended, amended and restated, supplemented or otherwise modified from time to time, the “ABL Security Agreement”) in favor of the
Administrative Agent and Collateral Agent pursuant to which the Pledgor is required to execute and deliver this Patent Security Agreement; 

NOW, THEREFORE, in consideration of the premises and to induce the Administrative Agent, for the benefit of the
Secured Parties, to enter into the Credit Agreement, the Pledgor hereby agrees with the Administrative Agent as follows: 
 SECTION 1.
Defined Terms. Unless otherwise defined herein, terms defined in the ABL Security Agreement and used herein have the meaning given to them in the ABL Security Agreement. 

SECTION 2. Grant of Security Interest in Patent Collateral. The Pledgor hereby pledges and grants to the Administrative Agent and
Collateral Agent for the benefit of the Secured Parties a lien on and security interest in and to all of each of its right, title and interest in, to and under all the following Pledged Collateral of Pledgor: 

(a) Patents of the Pledgor listed on Schedule I attached hereto; and 

(b) all proceeds of any and all of the foregoing (other than Excluded Assets). 

SECTION 3. Security Agreement. The security interest granted pursuant to this Patent Security Agreement is granted in conjunction with
the security interest granted to the Administrative Agent pursuant to the ABL Security Agreement and the Pledgor hereby acknowledges and affirms that the rights and remedies of the Administrative Agent with respect to the security interest in the
Patents made and granted hereby are more fully set forth in the ABL Security Agreement, the terms and provisions of which are incorporated by reference herein as if fully set forth herein. In the event that any provision of this Patent Security
Agreement is deemed to conflict with the ABL Security Agreement, the provisions of the ABL Security Agreement shall control unless the Administrative Agent shall otherwise determine. 

SECTION 4. Termination. Upon the Termination Date or such other date as Pledged Collateral may be released pursuant to
Section 7.15 of the ABL Security Agreement, the Administrative Agent shall execute, acknowledge, and deliver to the Pledgor an instrument in 












 
writing in recordable form releasing the collateral, grant, assignment, lien and security interest pledged and granted in and to all of its right, title and interest in, to and under the Patents
under this Patent Security Agreement. 
 SECTION 5. Counterparts. This Patent Security Agreement may be executed in any number of
counterparts, all of which shall constitute one and the same instrument, and any party hereto may execute this Patent Security Agreement by signing and delivering one or more counterparts. 

SECTION 6. Governing Law. This Patent Security Agreement shall be governed by, and construed in accordance with, the laws of the State
of New York. 
 [signature page follows] 

  
 2 













 IN WITNESS WHEREOF, the Pledgors have caused
this Patent Security Agreement to be executed and delivered by its duly authorized officer as of the date first set forth above. 
  

			
	PLEDGOR:
	
	WES, LLC
		
	        By:	 	 /s/ Christopher Eppel 

	        Name:	 	 Christopher Eppel

	        Title:	 	 CFO



 [Signature Page to Patent Security Agreement (ABL)] 













			
	Accepted and Agreed:
	
	 DEUTSCHE BANK AG NEW YORK BRANCH
  

as Administrative Agent

		
	        By:	 	 /s/ Dusan Lazarov

	        Name:	 	 Dusan Lazarov

	        Title:	 	 Director

		
	        By:	 	 /s/ Marcus Tarkington

	        Name:	 	 Marcus Tarkington

	        Title:	 	 Director


 [Signature Page to Patent Security Agreement (ABL)]