Extract to table

Any party claiming force majeure must provide written notice to EPA and the other parties within fifteen (15) days of the event giving rise to the claim

(the "Ironbark Indemnity Agreement"), pursuant to which TMC agrees to indemnify Ironbark for any losses incurred in connection with claims under the bond

14 thereof) pursuant to which TMC's aggregate disclosed and undisclosed environmental liabilities shall not exceed twenty-five percent (25%) of TMC's consolidated net tangible assets ("CNTA"), as defined in the Credit Agreement

This letter is provided solely for informational purposes pursuant to TMC's disclosure and notification covenants under the Credit Agreement and does not constitute, and shall not be construed as constituting, legal advice to the Administrative Agent, any member of the lending syndicate, or any other party

Distribution of this letter by the Administrative Agent to members of the lending syndicate shall be subject to the confidentiality obligations binding upon each lender under the Credit Agreement

To the extent that information contained in this letter is or becomes publicly available through such governmental proceedings, the confidentiality restrictions set forth herein shall not apply to such publicly available information