Until the later of (a) the interest payment date following which the Company will make 100% of the interest payments in cash and (b) the date certain holders of 2021 Notes as provided in the Indenture no longer own at least $70.0 million principal amount of 2021 Notes (such period, the “Non-Cash Pay Period”), the Company shall also be required to redeem the outstanding 2021 Notes upon the discharge of the obligations under the Term Loan Agreement and the Credit Agreement, in a principal amount equal to 100% of excess cash flow, if any, as provided in the Indenture or such lesser amount agreed to by a majority in aggregate principal amount of the outstanding 2021 Notes beneficially owned by the designated holders set forth in the Indenture.

The Indenture contains certain restrictive covenants that limit, among other things, the Company’s ability to: pay dividends or make distributions; repurchase equity; prepay certain indebtedness and make certain investments; incur additional indebtedness or issue certain equity interests; incur liens; merge or consolidate with another entity or sell assets; and enter into certain affiliate transactions. During the Non-Cash Pay Period, the Company will also be subject to additional restrictive covenants similar to those set forth in the Term Loan Agreement described below. The foregoing covenants are subject to various exceptions and limitations as provided in the Indenture. The Indenture also contains events of default, including certain cross-default and cross-acceleration provisions, customary for an agreement of its type.

As part of the Exchange Offer, the 2021 Notes were issued in exchange for equal principal amount of the Company’s 9.875% Senior Notes due 2018 (the “2018 Notes”), which 2018 Notes were cancelled. The Exchange Offer was conducted in accordance with, and the 2021 Notes were issued in reliance upon, an exemption from registration under Section 3(a)(9) of the Securities Act of 1933, as amended (the “Securities Act”).

The foregoing description of the Indenture is only a summary and does not purport to be a complete description of the terms and conditions under the Indenture, and such description is qualified in its entirety by reference to the full text of the Indenture, a copy of which, including the form of the 2021 Notes and form of notation of guarantee of the 2021 Notes, is attached hereto as Exhibit 4.1. On April 15, 2016, in connection with the 2021 Notes, the Company also entered into an Intercompany Subordination Agreement, among the Company, the other Obligors party thereto, and Wilmington, as collateral agent, a copy of which is attached here to a Exhibit 10.6.

Notes Security Agreements

On April 15, 2016, in connection with the security interest in the Collateral described above, the Company entered into (i) a Security Agreement, between the Company, the other Grantors party thereto and Wilmington, as collateral agent (the “Notes Security Agreement”), to grant the security interest in the Collateral to secure the obligations under the Indenture and the 2021 Notes, and (ii) a Trademark Security Agreement, between the Company and Wilmington, as collateral agent (the “Notes Trademark Security Agreement”), to grant a security interest in certain trademark collateral as provided therein to secure the obligations under the Indenture and the 2021 Notes. The foregoing description of the Notes Security Agreement and the Notes Trademark Security Agreement is only a summary and does not purport to be a complete description of the terms and conditions under the Notes Security Agreement and the Notes Trademark Security Agreement, and such description is qualified in its entirety by reference to the full text of the Notes Security Agreement and the Notes Trademark Security Agreement, copies of which are attached hereto as Exhibits 10.5 and 10.7, respectively.

Term Loan Agreement

Concurrent with the closing of the Exchange Offer, the Company entered into a new Term Loan Credit Agreement, dated as of April 15, 2016, by and among Wilmington, as administrative agent (the “Term Loan Agent”), the lenders identified therein (the “Term Lenders”), and the Company, as borrower (the “Term Loan Agreement”), pursuant to which the Term Lenders provided

the Company with a $24.0 million term loan (the “Term Loan”). The proceeds of the Term Loan were applied to pay down a portion of the outstanding balance of the Credit Agreement and were reborrowed by the Company to fund the Company’s semi-annual interest payment on April 15, 2016 under the 2018 Notes and pay related transaction fees and expenses.

The Term Loan matures on April 15, 2018, at which time the Company must repay the outstanding principal amount of the Term Loan, together with interest accrued and unpaid thereon. Interest on the Term Loan accrues at a rate of 13.0% per annum to be paid in kind by increasing the principal amount payable thereunder and due at maturity; however, if there is a Default (as defined in the Term Loan Agreement), the Term Loan Agent or the Term Lenders may increase the interest rate thereunder to 17.0% per annum. The Term Loan is secured by a first-priority lien on the Collateral and is guaranteed by the Company’s subsidiaries that guarantee the obligations under the Credit Agreement and the 2021 Notes.

The Term Loan Agreement contains a minimum EBITDA financial maintenance covenant that will be tested monthly, which covenant is the same as the covenant under the Credit Agreement. The Term Loan Agreement also contains certain restrictive covenants that limit, among other things, the Company’s ability to: incur additional indebtedness; create liens and other encumbrances; make acquisitions and other investments; merge, dissolve, liquidate or consolidate; dispose of or transfer assets; make prepayments on certain indebtedness, including the 2021 Notes and the 2018 Notes; make distributions and other restricted payments; engage in certain transactions with affiliates; change the nature of the business; and make any material change in account treatment or reporting practices or change the Company’s fiscal year. The foregoing covenants are subject to various exceptions and limitations as provided in the Term Loan Agreement. The Term Loan Agreement also contains events of default, including certain cross-default and cross-acceleration provisions, customary for an agreement of its type.

The foregoing description of the Term Loan Agreement is only a summary and does not purport to be a complete description of the terms and conditions under the Term Loan Agreement, and such description is qualified in its entirety by reference to the full text of the Term Loan Agreement, a copy of which is attached hereto as Exhibit 10.1. On April 15, 2016, in connection with the Term Loan Agreement, the Company also entered into an Intercompany Subordination Agreement, among the Company, the other Obligors party thereto, and the Term Loan Agent, a copy of which is attached hereto as Exhibit 10.3.

Term Loan Security Agreements

On April 15, 2016, in connection with the security interest in the Collateral described above, the Company entered into (i) a Guaranty and Security Agreement, between the Company, the other Grantors party thereto, the Term Loan Agent, as administrative agent, and Wells Fargo Bank, National Association (“Wells Fargo”), as collateral agent (the “Term Loan Security Agreement”), to grant the security interest in the Collateral to secure the obligations under the Term Loan Agreement, and (ii) a Trademark Security Agreement, between the Company and Wells Fargo, as collateral agent (the “Term Loan Trademark Security Agreement”), to grant a security interest in certain trademark collateral as provided therein to secure the obligations under the Term Loan Agreement. The foregoing description of the Term Loan Security Agreement and the Term Loan Trademark Security Agreement is only a summary and does not purport to be a complete description of the terms and conditions under the Term Loan Security Agreement and the Term Loan Trademark Security Agreement, and such description is qualified in its entirety by reference to the full text of the Term Loan Security Agreement and the Term Loan Trademark Security Agreement, copies of which are attached hereto as Exhibits 10.2 and 10.4, respectively.

Intercreditor Agreements

On April 15, 2016, in connection with the Term Loan Agreement and the Credit Agreement, the Company acknowledged the terms and conditions under an Intercreditor Agreement, dated as of April 15, 2016 (the “Pari Passu Intercreditor Agreement”), between Wells Fargo, as pari passu collateral agent, Wells Fargo, as administrative agent under the Credit Agreement, and the Term Loan Agent, as administrative agent under the Term Loan Agreement, to set forth the terms and conditions of the relationship between the lenders and the secured parties under the Term Loan Agreement and the Credit Agreement. On April 15, 2016, in connection with the Indenture and the 2021 Notes, the Term Loan Agreement and the Credit Agreement, the Company acknowledged the terms and conditions under an Intercreditor Agreement, dated as of April 15, 2016 (the “Second Lien Intercreditor Agreement”), between Wells Fargo, as administrative agent under the Credit Agreement, the Term Loan Agent, as administrative agent under the Term Loan Agreement, and Wilmington, as collateral agent under the Indenture, to set forth the terms and conditions of the relationship between the lenders and the secured parties under the Term Loan Agreement, the Credit Agreement and the Indenture and the 2021 Notes.

The foregoing description of the Pari Passu Intercreditor Agreement and the Second Lien Intercreditor Agreement is only a summary and does not purport to be a complete description of the terms and conditions under the Pari Passu Intercreditor Agreement and the Second Lien Intercreditor Agreement, and such description is qualified in its entirety by reference to the full text of the Pari Passu Intercreditor Agreement and the Second Lien Intercreditor Agreement, copies of which are attached hereto as Exhibits 4.2 and 4.3, respectively.

Warrant Agreements

On April 15, 2016, in connection with the closing the Exchange Offer, the Company entered into a Warrant Agreement (Exchange) among the Company, Mark D. Johnsrud, and American Stock Transfer & Trust Company, LLC, as warrant agent (the “Exchange Warrant Agreement”). Pursuant to the terms of the Exchange Warrant Agreement, the warrants (the “Exchange Warrants”) entitle the holders to purchase approximately 10% of the Company’s outstanding common stock on a fully diluted basis (after taking into account the common stock issued as part of the Exchange Offer and the common stock to be issued to Mr. Johnsrud in exchange for the 2018 Notes held by his affiliate and to common stockholders, including Mr. Johnsrud, as part of a rights offering to be undertaken by the Company), subject to adjustments contained therein. The Exchange Warrants are exercisable at any time, from time to time, at an exercise price of $0.01 per share and expire on April 15, 2026. The Exchange Warrant Agreement contains provisions relating to, among other things, registration rights, preemptive rights, rights of first offer, tag-along rights, drag-along rights and redemption. As part of the Exchange Offer, the Exchange Warrants were issued to holders of 2018 Notes tendered in the Exchange Offer. The Exchange Offer was conducted in accordance with, and the Exchange Warrants were issued in reliance upon, an exemption from registration under Section 3(a)(9) of the Securities Act.

On April 15, 2016, in connection with the execution of the Term Loan Agreement, the Company entered into a Warrant Agreement (Term Loan) among the Company, Mr. Johnsrud, and American Stock Transfer & Trust Company, LLC, as warrant agent (the “Term Loan Warrant Agreement”). Pursuant to the Term Loan Warrant Agreement, the warrants (the “Term Loan Warrants”) entitle holders to purchase approximately 5% of the Company’s outstanding common stock on a fully diluted basis (after taking into account the common stock issued as part of the Exchange Offer and the common stock to be issued to Mr. Johnsrud in exchange for the 2018 Notes held by his affiliate and to common stockholders, including Mr. Johnsrud, as part of a rights offering to be undertaken by the Company), subject to adjustments contained therein. The Term Loan Warrants are exercisable at any time, from time to time, at an exercise price of $0.01 per share and expire on April 15, 2026. The Exchange Warrant Agreement contains provisions

relating to, among other things, registration rights, preemptive rights, rights of first offer, tag-along rights, drag-along rights and redemption. The Term Loan Warrant Agreement also provides the holders of the Term Loan Warrants, so long as they hold, together with their affiliates, at least 50% of the Term Loan Warrants and the Exchange Warrants, the right to designate one representative of such holders and their affiliates as a non-voting observer to the Company’s board of directors. As part of the Term Loan Agreement, the Term Loan Warrants were issued to the Term Lenders as a commitment fee for providing the Term Loan. The Term Loan Warrants were issued in reliance upon an exemption from registration under Section 4(a)(2) of the Securities Act.

The foregoing description of the Exchange Warrant Agreement and the Term Loan Warrant Agreement is only a summary and does not purport to be a complete description of the terms and conditions under the Exchange Warrant Agreement and the Term Loan Warrant Agreement, and such description is qualified in its entirety by reference to the full text of the Exchange Warrant Agreement and the Term Loan Warrant Agreement, copies of which are attached hereto as Exhibits 4.4 and 4.5, respectively.

Credit Agreement Amendment

Concurrent with the closing of the Exchange Offer, the Company entered into a Seventh Amendment to Amended and Restated Credit Agreement (the “Seventh Amendment”), dated as of April 15, 2016, by and among Wells Fargo, as agent, the Lenders party thereto, and the Company, as borrower. The Seventh Amendment further amends the Company’s Credit Agreement, dated as of February 3, 2014, as amended. Among other terms and conditions, the Seventh Amendment amends the Credit Agreement to: (i) require that the Company apply excess proceeds from asset sales to pay down the Credit Agreement; (ii) prohibit the Company from optionally prepaying or acquiring other indebtedness, making any payment on subordinated indebtedness, or amending certain agreements and documents; and (iii) amend certain definitions in the Credit Agreement.

The foregoing description of the Seventh Amendment is only a summary and does not purport to be a complete description of the terms and conditions under the Seventh Amendment, and such description is qualified in its entirety by reference to the full text of the Seventh Amendment, a copy of which is attached hereto as Exhibit 10.8.