Attached files
| file | filename |
|---|---|
| 8-K - FORM 8-K - PROSPECT GLOBAL RESOURCES INC. | c25325e8vk.htm |
| EX-4.2 - EXHIBIT 4.2 - PROSPECT GLOBAL RESOURCES INC. | c25325exv4w2.htm |
| EX-4.3 - EXHIBIT 4.3 - PROSPECT GLOBAL RESOURCES INC. | c25325exv4w3.htm |
| EX-4.1 - EXHIBIT 4.1 - PROSPECT GLOBAL RESOURCES INC. | c25325exv4w1.htm |
| EX-10.1 - EXHIBIT 10.1 - PROSPECT GLOBAL RESOURCES INC. | c25325exv10w1.htm |
| EX-10.4 - EXHIBIT 10.4 - PROSPECT GLOBAL RESOURCES INC. | c25325exv10w4.htm |
| EX-10.2 - EXHIBIT 10.2 - PROSPECT GLOBAL RESOURCES INC. | c25325exv10w2.htm |
Exhibit
10.3
SECOND AMENDMENT
THIS SECOND AMENDMENT is made as of November 22, 2011 by and between Richard Merkin
(“Merkin”) and PROSPECT GLOBAL RESOURCES INC., a Nevada corporation (the
“Company”). Merkin and the Company are sometimes each referred to herein as a
“Party” and collectively as the “Parties.”
WHEREAS, Merkin and the Company have entered into a Note Purchase Agreement dated as of
January 24, 2011, which was amended by an Amendment dated as of April 20, 2011 (together, the
“Purchase Agreement”);
WHEREAS, the Company has been presented with an opportunity to raise $10,000,000 of additional
capital through the issuance of a common stock, warrants and a royalty interest (the “New
Financing”), which would be beneficial to the Company and its existing investors, including
Merkin; and
WHEREAS, the investors in the New Financing require additional amendments to the Note Purchase
Agreement as a condition to their investment in the New Financing.
NOW, THEREFORE, the Parties agree as follows:
| 1. | The Purchase Agreement is hereby amended by deleting Sections 5.1 and 5.4(i) through (j). |
|
| 2. | Except for the specific amendments set forth herein, the Purchase Agreement remains in full
force and effect. |
IN WITNESS WHEREOF, the Parties have caused this Second Amendment to be executed and delivered as
of the date first above written.
PROSPECT GLOBAL RESOURCES INC.
|
/s/ Richard Merkin
|
By:
|
/s/ Patrick L. Avery
|
|||
| Name: Patrick L. Avery | ||||
| Title: Chief Executive Officer |