[Section 6.7] (Financial Covenants). [Section 6.7(b)] of the Loan Agreement hereby is amended and restated in its entirety to read as follows:

[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]:

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:

Notwithstanding [Section 6.16], in the event a consultation process conducted in accordance with [Section 6.15(h)] identifies issues which cannot be resolved within ten (10) business days from the date the consultation takes place (the “Consultation Completion Deadline”), the parties hereto shall confer to determine whether the results of the Engineering Audit should be provisionally accepted pending ultimate resolution, or held in abeyance pending such resolution, considering the materiality of the issue, the magnitude of the adjustment and the anticipated time required to resolve the issues. If the parties hereto cannot reach resolution of these matters, the Expanding Producer, regardless of whether the Expanding Producer previously confirmed (or was deemed to confirm) to [[Organization A:Organization]] that it accepted the results of the Engineering Audit Report, may elect to apply the Production Run Procedures (in which case, the Expanding Producer shall be considered an Electing Producer) or, if no such election is made, all questions shall immediately proceed to binding arbitration and resolved no later than one (1) month from the Consultation Completion Deadline with retroactive effect to the date that would otherwise apply pursuant to [Section 6.16] (being January 1 or July 1, as applicable). If the Expanding Producer is not satisfied with the results of such arbitration, the Expanding Producer, regardless of whether the Expanding Producer previously confirmed (or was deemed to confirm) to [[Organization A:Organization]] that it accepted the results of the Engineering Audit Report, may elect to apply the Production Run Procedures (in which case, the Expanding Producer shall be considered an Electing Producer).

Subject to [Section 6.08(b)], the Company will not permit the Leverage Ratio, determined as of the end of each of its fiscal quarters for which (or, if such fiscal quarter is the last fiscal quarter of a fiscal year, for such fiscal year) financial statements have been delivered, or are required to have been delivered, pursuant to

[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 Closing 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: