Description of
(if any) of
Grantor
Copyright License
underlying Copyright
Name of Licensor
(C) Patents
Patent Number/
Issue Date/(Filing
Grantor
Jurisdiction
Title of Patent
(Application
Number)
Date)
(D) Patent Licenses
Patent Number of
Description of Patent
underlying
Grantor
License
Patent
Name of Licensor
(E) Trademarks
Registration Number/
Registration
Grantor
Jurisdiction
Trademark
(Serial Number)
Date/(Filing Date)
(F) Trademark Licenses
Registration Number
Description of
of underlying
Grantor
Trademark License
Trademark
Name of Licensor
(G) Trade Secret Licenses
SCHEDULE 5.2-2
III. COMMERCIAL TORT CLAIMS
Grantor
Commercial Tort Claims
IV. LETTER OF CREDIT RIGHTS
Grantor
Description of Letters of Credit
SCHEDULE 5.2-3
SCHEDULE 5.4 TO
PLEDGE AND SECURITY AGREEMENT
FINANCING STATEMENTS:
Grantor
Filing Jurisdiction(s)
SCHEDULE 5.4-1
EXHIBIT A
TO PLEDGE AND SECURITY AGREEMENT
PLEDGE SUPPLEMENT
This PLEDGE SUPPLEMENT, dated [mm/dd/yy], is delivered by [NAME OF GRANTOR] a
[NAME OF STATE OF INCORPORATION] [corporation] (the "Grantor") pursuant to the
Pledge and Security Agreement, dated as of [
], 2018 (as it
may be from time to time amended, restated, modified or supplemented, the
"Security Agreement"), among Unimin Corporation, the other Grantors named
therein, and Barclays Bank PLC, as the Collateral Agent. Capitalized terms used
herein not otherwise defined herein shall have the meanings ascribed thereto in
the Security Agreement.
Grantor hereby confirms the grant to the Collateral Agent set forth in the
Security Agreement of, and does hereby grant to the Collateral Agent, a security
interest in all of Grantor's right, title and interest in, to and under all
Collateral to secure the Secured Obligations, in each case whether now or
hereafter existing or in which Grantor now has or hereafter acquires an interest
and wherever the same may be located. Grantor represents and warrants that the
attached Supplements to Schedules accurately and completely set forth all
additional information required to be provided pursuant to the Security
Agreement and hereby agrees that such Supplements to Schedules shall constitute
part of the Schedules to the Security Agreement.
THIS PLEDGE SUPPLEMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER
AND ALL CLAIMS AND CONTROVERSIES ARISING OUT OF THE SUBJECT MATTER HEREOF
WHETHER SOUNDING IN CONTRACT LAW, TORT LAW OR OTHERWISE SHALL BE GOVERNED BY,
AND SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF
NEW YORK, WITHOUT REGARD TO CONFLICTS OF LAW PROVISIONS THAT WOULD RESULT IN THE
APPLICATION OF ANY OTHER LAW (OTHER THAN ANY MANDATORY PROVISIONS OF THE UCC
RELATING TO THE LAW GOVERNING PERFECTION AND THE EFFECT OF PERFECTION OF THE
SECURITY INTEREST GRANTED PURSUANT TO THE SECURITY AGREEMENT).
IN WITNESS WHEREOF, Grantor has caused this Pledge Supplement to be duly
executed and delivered by its duly authorized officer as of [mm/dd/yy].
[NAME OF GRANTOR]
By:
Name:
Title:
EXHIBIT A-1
SUPPLEMENT TO SCHEDULE 5.1
TO PLEDGE AND SECURITY AGREEMENT
Additional Information:
GENERAL INFORMATION
(A) Full Legal Name, Type of Organization, Jurisdiction of Organization and
Organizational Identification Number of each Grantor:
Full Legal Name
Type of Organization
Jurisdiction of Organization
Organization I.D.#
(B) Other Names