Attached files
Exhibit 4.3
THE SHARES REPRESENTED BY THIS CERTIFICATE HAVE NOT BEEN
REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE
“ACT”), OR APPLICABLE STATE SECURITIES LAWS AND HAVE
BEEN ACQUIRED WITHOUT A VIEW TO THE DISTRIBUTION THEREOF, WITHIN
THE MEANING OF SUCH TERMS AS USED IN THE ACT. THESE
SHARES MAY BE SOLD, PLEDGED, TRANSFERRED OR ASSIGNED ONLY
(1) PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER
THE ACT COVERING SUCH CORPORATION (“CORPORATION”),
(2) IN ACCORDANCE WITH RULE 144 PROMULGATED UNDER SUCH
ACT, OR (3) IN A TRANSACTION PURSUANT TO WHICH THE
CORPORATION RECEIVES A WRITTEN OPINION OF COUNSEL, WHICH OPINION
AND COUNSEL ARE REASONABLY SATISFACTORY TO THE CORPORATION, TO
THE EFFECT THAT REGISTRATION IS NOT REQUIRED.
THIS STOCK CERTIFICATE IS SUBJECT TO THE SUBORDINATION
AGREEMENT DATED AS OF NOVEMBER 23, 2010, AMONG THE COMPANY,
WAYPOINT NYTEX, LLC AND PNC BANK, NATIONAL ASSOCIATION, AS
AGENT, UNDER WHICH THIS STOCK CERTIFICATE AND THE COMPANY’S
OBLIGATIONS HEREUNDER ARE SUBORDINATED IN THE MANNER SET FORTH
THEREIN TO THE PRIOR PAYMENT OF CERTAIN OBLIGATIONS TO THE
HOLDERS OF SENIOR INDEBTEDNESS AS DEFINED THEREIN AND ARE
SUBJECT IN ALL RESPECTS TO THE TERMS AND PROVISIONS SET FORTH
THEREIN.