[Section 6.9(c)] of the Original Loan and Security Agreement is hereby amended and restated in its entirety as follows:

[Section 6.6] of the Collateral Agreement is amended to # replace the phrase “such Grantor’s” appearing therein with the word “the” and # delete the words “applicable Grantor’s” appearing therein.

[Section 6.06] of the Credit Agreement is hereby amended by # deleting the word “and” appearing at the end of [clause (l)] thereof, # deleting the period appearing at the end of [clause (m)] thereof and inserting “; and” in lieu thereof and # inserting the following new [clause (n)] at the end thereof:

[Section 6.1.2] shall be amended to insert the following new sentence at the end of the existing [Section 6.1.2]:

[Section 6.9] (Financial Covenants). [Sections 6.9(a) and (b)])] are amended in their entirety and replaced with the following:

Notwithstanding [Section 6.09], any Producer that commenced a production run at a Mine prior to December 20, 2016 in accordance with the Historical Article VI Provisions for purposes of demonstrating a Post-Expansion Audit Amount for a Major Expansion (an “Exempt Producer”) may elect not to be subject to [Section 6.09] in respect of such Major Expansion, in which case:

[Schedule 6.6(b)] sets forth a complete and accurate list of all real estate Leases under which Borrower or any of its Subsidiaries is the lessee on the Second Amendment Effective Date, showing as of such date the street address, county or other relevant jurisdiction, state, lessor, lessee, expiration date and annual rental cost thereof. Each such Lease is the legal, valid and binding obligation of the lessor thereof, enforceable in accordance with its terms, except as enforceability is limited by bankruptcy, insolvency, reorganization, moratorium or other applicable Laws relating to or affecting generally the enforcement of creditors’ rights and except to the extent that availability of the remedy of specific performance or injunctive relief is subject to the discretion of the court before which any proceeding therefor may be brought.

[Exhibit 6.11] of the Original Loan and Security Agreement is hereby deleted in its entirety and replaced with the form of Compliance Certificate attached as Exhibit A to this Amendment.

[Schedule 6.18] attached hereto replaces [Schedule 6.18] attached to the Credit Agreement and is a true, complete and correct listing of the CPCA and all amounts contained therein. as of the date hereof.

[Article 6.2.2] is deleted in its entirety and replaced with the following one: