Common use of Debts, Guaranties and Other Obligations Clause in Contracts

Debts, Guaranties and Other Obligations. Without the consent of Majority Lenders, Borrower will not, and will not allow any of its Subsidiaries to, incur, create, assume or in any manner become or be liable in respect of any indebtedness, nor will Borrower or any Subsidiary guarantee or otherwise in any manner become or be liable in respect of any indebtedness, liabilities or other obligations of any other person or entity, whether by agreement to purchase the indebtedness of any other person or entity or agreement for the furnishing of funds to any other person or entity through the purchase or lease of goods, supplies or services (or by way of stock purchase, capital contribution, advance or loan) for the purpose of paying or discharging the indebtedness of any other person or entity, or otherwise, except that the foregoing restrictions shall not apply to: (i) the Notes and any renewal or increase thereof, or other indebtedness of the Borrower and any Subsidiary heretofore disclosed to Lenders in the Borrower's Financial Statements or on Schedule "4" hereto; or (ii) taxes, assessments or other government charges which are not yet due or are being contested in good faith by appropriate action promptly initiated and diligently conducted, if such reserve as shall be required by GAAP shall have been made therefor and levy and execution thereon have been stayed and continue to be stayed; or (iii) indebtedness not exceeding in the aggregate outstanding at any time the sum of $10,000,000; or (iv) any renewals or extensions of any of the foregoing.

Debts, Guaranties and Other Obligations. Without the consent of Majority Lenders, Borrower will not, and will not allow any of its Subsidiaries to, incur, create, assume or in any manner become or be liable in respect of any indebtedness, nor will Borrower or any Subsidiary guarantee or otherwise in any manner become or be liable in respect of any indebtedness, liabilities or other obligations of any other person or entityPerson, whether by agreement to purchase the indebtedness of any other person or entity Person or agreement for the furnishing of funds to any other person or entity Person through the purchase or lease of goods, supplies or services (or by way of stock purchase, capital contribution, advance or loan) for the purpose of paying or discharging the indebtedness of any other person or entityPerson, or otherwise, except that the foregoing restrictions shall not apply to: (i) the Notes and any renewal or increase thereof, or other indebtedness of the Borrower and any Subsidiary heretofore disclosed to Lenders in the Borrower's Financial Statements or on Schedule "4" hereto; or (ii) taxes, assessments or other government charges which are not yet due or are being contested in good faith by appropriate action promptly initiated and diligently conducted, if such reserve as shall be required by GAAP shall have been made therefor and levy and execution thereon have been stayed and continue to be stayed; or (iii) other indebtedness of any nature not exceeding in excess of $500,000 in the aggregate outstanding at any time the sum of $10,000,000aggregate; or (iv) lease or rental agreements not requiring annual rental payments in excess of $100,000 in the aggregate; or (v) indebtedness under the Senior Notes presently outstanding; or (vi) any renewals or extensions of (but not increases in) any of the foregoing.

Debts, Guaranties and Other Obligations. Without the consent of Majority Lenders, no Borrower will not, and will not allow any of its Subsidiaries to, incur, create, assume or in any manner become or be liable in respect of any indebtedness, nor will any Borrower or any Subsidiary guarantee or otherwise in any manner become or be liable in respect of any indebtedness, liabilities or other obligations of any other person or entity, whether by agreement to purchase the indebtedness of any other person or entity or agreement for the furnishing of funds to any other person or entity through the purchase or lease of goods, supplies or services (or by way of stock purchase, capital contribution, advance or loan) for the purpose of paying or discharging the indebtedness of any other person or entity, or otherwise, except that the foregoing restrictions shall not apply to: (i) the Notes and any renewal or increase thereof, or other indebtedness of the Borrower and any Subsidiary Borrowers heretofore disclosed to Lenders in the Borrower's Financial Statements or on Schedule "43" hereto; or (ii) taxes, assessments or other government charges which are not yet due or are being contested in good faith by appropriate action promptly initiated and diligently conducted, if such reserve as shall be required by GAAP shall have been made therefor and levy and execution thereon have been stayed and continue to be stayed; or (iii) indebtedness not exceeding (other than in connection with a loan or lending transaction) incurred in the aggregate outstanding at any time the sum ordinary course of $10,000,000business, including, but not limited to indebtedness for drilling, completing, leasing and reworking oil and gas xxxxx; or (iv) indebtedness evidenced by the Subordinated Notes; or (v) any renewals or extensions of (but not increases in) any of the foregoing.

Debts, Guaranties and Other Obligations. Without the consent of Majority LendersBank, Borrower will not, and will not allow any of its Subsidiaries to, incur, create, assume or in any manner become or be liable in respect of any indebtednessDebt in excess of $500,000.00 in the aggregate, nor will Borrower or any Subsidiary guarantee or otherwise in any manner become or be liable in respect of any indebtedness, liabilities or other obligations of any other person or entity, whether by agreement to purchase the indebtedness of any other person or entity or agreement for the furnishing of funds to any other person or entity through the purchase or lease of goods, supplies or services (or by way of stock purchase, capital contribution, advance or loan) for the purpose of paying or discharging the indebtedness of any other person or entity, or otherwise, except that the foregoing restrictions shall not apply to: (i) the Notes and any renewal or increase thereof, or other indebtedness of the Borrower and any Subsidiary heretofore disclosed to Lenders Bank in the Borrower's ’s Financial Statements or on Schedule "4" “3” hereto; or (ii) taxes, assessments or other government charges which are not yet due or are being contested Contested in good faith Good Faith by appropriate action promptly initiated and diligently conducted, if such reserve as shall be required by GAAP shall have been made therefor and levy and execution thereon have been stayed and continue to be stayed; or (iii) indebtedness not exceeding or obligations (other than in connection with a loan or lending transaction) incurred in the aggregate outstanding at any time ordinary course of business, including, but not limited to indebtedness or obligations for drilling, completing, leasing and reworking oil and gas xxxxx or the sum treatment, distribution, transportation of $10,000,000; or (iv) any renewals or extensions sale of any of the foregoingproduction therefrom.

Debts, Guaranties and Other Obligations. Without the consent of Majority Lenders, Neither Borrower nor any Guarantor will not, and will not allow any of its Subsidiaries to, incur, create, assume or in any manner become or be liable in respect of any indebtedness, nor will Borrower Borrowers or any Subsidiary Guarantor guarantee or otherwise in any manner become or be liable in respect of any indebtedness, liabilities or other obligations of any other person or entity, whether by agreement to purchase the indebtedness of any other person or entity or agreement for the furnishing of funds to any other person or entity through the purchase or lease of goods, supplies or services (or by way of stock purchase, capital contribution, advance or loan) for the purpose of paying or discharging the indebtedness of any other person or entity, or otherwise, except that the foregoing restrictions shall not apply to: (i) the Notes and any renewal or increase thereof, or other indebtedness of the Borrower and any Subsidiary heretofore disclosed to Lenders in the Borrower's Borrowers' Financial Statements or on Schedule "4" hereto; or (ii) taxes, assessments or other government charges which are not yet due or are being contested in good faith by appropriate action promptly initiated and diligently conducted, if such reserve as shall be required by GAAP shall have been made therefor and levy and execution thereon have been stayed and continue to be stayed; or (iii) indebtedness not exceeding (other than in connection with a loan or lending transaction) incurred in the aggregate outstanding at any time the sum ordinary course of $10,000,000business, including, but not limited to indebtedness for drilling, completing, leasing and reworking oil and gas xxxxx; or (iv) obligations under Rate Management Transactions permitted pursuant to Section 13(m) hereof; or (v) other indebtedness of any nature not in excess of $500,000 in outstanding principal amount in the aggregate; or (vi) EXCO guarantee of obligations owed by Addison under the Canadian Credit Agreement; or (vii) any renewals or extensions of (but not increases in) any of the foregoing.

Debts, Guaranties and Other Obligations. Without the consent of Majority Lenders, Borrower will not, and will not allow any of its Subsidiaries to, incurIncur, create, assume or in any manner be or become or be liable in respect of any indebtedness, nor will Borrower or any Subsidiary guarantee Indebtedness (including obligations for the payment of rent); Guarantee or otherwise in any manner way become or be liable in respect of any indebtedness, liabilities or other responsible for obligations of any other person person, direct or entitycontingent, whether by agreement to purchase the indebtedness of any other person or entity or person, agreement for the furnishing of funds to any other person or entity through the purchase or lease of goods, supplies or services (services, or by way of stock purchase, capital contribution, advance or loan) , for the purpose of paying or discharging the indebtedness of any other person or entityperson, or otherwise, except that the foregoing restrictions shall not apply to: (ia) the Notes and any renewal Secured Obligations to the Lender pursuant to this Agreement; (b) liabilities, direct or increase thereofcontingent, or other indebtedness of the Borrower existing on the date of this Agreement and any Subsidiary heretofore disclosed set forth in Schedule 10.2(b) attached hereto, and including and all renewals and extensions thereof (but not increases thereof); (c) liabilities in relation to Lenders leases and lease agreements to the extent permitted by Section 10.8 hereof; (d) endorsements of negotiable or similar instruments for collection or deposit in the Borrower's Financial Statements or on Schedule "4" hereto; orordinary court of business; (iie) trade payables or similar obligations from time to time incurred in the ordinary course of business, other than for borrowed money; and (f) taxes, assessments or other government governmental charges which that are not yet due or are being contested in good faith by appropriate action promptly initiated in a timely fashion and diligently conductedconducted and, with respect to such charges exceeding $100,000, if such reserve as shall be required by GAAP adequate reserves shall have been made therefor and levy and execution thereon have been stayed and continue to be stayed; or (iii) indebtedness not exceeding in the aggregate outstanding at any time the sum of $10,000,000; or (iv) any renewals or extensions of any of the foregoingtherefor.

Debts, Guaranties and Other Obligations. Without the consent of --------------------------------------- Majority Lenders, no Borrower will not, and will not allow any of its Subsidiaries to, incur, create, assume or in any manner become or be liable in respect of any indebtedness, nor will any Borrower or any Subsidiary guarantee or otherwise in any manner become or be liable in respect of any indebtedness, liabilities or other obligations of any other person or entity, whether by agreement to purchase the indebtedness of any other person or entity or agreement for the furnishing of funds to any other person or entity through the purchase or lease of goods, supplies or services (or by way of stock purchase, capital contribution, advance or loan) for the purpose of paying or discharging the indebtedness of any other person or entity, or otherwise, except that the foregoing restrictions shall not apply to: (i) the Notes and any renewal or increase thereof, or other indebtedness of the Borrower and any Subsidiary Borrowers heretofore disclosed to Lenders in the Borrower's Financial Statements or on Schedule "43" hereto; or (ii) taxes, assessments or other government charges which are not yet due or are being contested in good faith by appropriate action promptly initiated and diligently conducted, if such reserve as shall be required by GAAP shall have been made therefor and levy and execution thereon have been stayed and continue to be stayed; or (iii) indebtedness not exceeding (other than in connection with a loan or lending transaction) incurred in the aggregate outstanding at any time the sum ordinary course of $10,000,000business, including, but not limited to indebtedness for drilling, completing, leasing and reworking oil and gas xxxxx; or (iv) indebtedness evidenced by the Subordinated Notes; or (v) any renewals or extensions of (but not increases in) any of the foregoing.

Debts, Guaranties and Other Obligations. Without the consent of Majority Lenders, Borrower will not, and will not allow permit any of its Subsidiaries Subsidiary to, incur, create, assume or in any manner become or be liable in respect of any indebtedness, nor will Borrower or any Subsidiary guarantee or otherwise in any manner become or be liable in respect of any indebtedness, liabilities or other obligations of any other person or entityPerson, whether by agreement to purchase the indebtedness of any other person or entity Person or agreement for the furnishing of funds to any other person or entity Person through the purchase or lease of goods, supplies or services (or by way of stock purchase, capital contribution, advance or loan) for the purpose of paying or discharging the indebtedness of any other person or entityPerson, or otherwise, except that the foregoing restrictions shall not apply to: (i) the Notes and any renewal or increase thereof, or other indebtedness of the Borrower and any Subsidiary heretofore disclosed to Lenders in the Borrower's ’s Financial Statements or on Schedule "“4" ” hereto; or (ii) taxes, assessments or other government charges which are not yet due or are being contested in good faith by appropriate action promptly initiated and diligently conducted, if such reserve as shall be required by GAAP shall have been made therefor and levy and execution thereon have been stayed and continue to be stayed; or (iii) indebtedness not exceeding (other than in connection with a loan or lending transaction) incurred in the aggregate outstanding at any time the sum ordinary course of $10,000,000business which is not more than 60 days past due, including, but not limited to indebtedness for drilling, completing, leasing and reworking oil and gas xxxxx; or (iv) obligations under Rate Management Transactions permitted pursuant to Section 13(l) hereof; or (v) the Senior Unsecured Debt, not to exceed an aggregate principal amount of $150,000,000 outstanding at any time; or (vi) other indebtedness not exceeding $1,000,000 in the aggregate for Borrower and Subsidiaries outstanding at any time; or (vii) any renewals or extensions of (but, other than in the case of the Notes, not increases in) any of the foregoing.

Debts, Guaranties and Other Obligations. Without Neither the consent of Majority Lenders, Borrower will not, and will not allow nor any of its Subsidiaries to, the Guarantors will incur, create, assume or in any manner become or be liable in respect of any indebtednessDebt, nor will Borrower or any Subsidiary Guarantor guarantee or otherwise in any manner become or be liable in respect of any indebtedness, liabilities or other obligations of any other person or entity, whether by agreement to purchase the indebtedness of any other person or entity or agreement for the furnishing of funds to any other person or entity through the purchase or lease of goods, supplies or services (or by way of stock purchase, capital contribution, advance or loan) for the purpose of paying or discharging the indebtedness of any other person or entity, or otherwise, except that the foregoing restrictions shall not apply to: (i) the Notes and any renewal or increase thereof, or other indebtedness of the Borrower and any Subsidiary heretofore disclosed to Lenders in the Borrower's Financial Statements or on Schedule "4" hereto; or (ii) on the indebtedness of Borrower or any Guarantor heretofore disclosed to Banks on Schedule "3" hereto; (iii) taxes, assessments or other government charges which are not yet due or are being contested in good faith by appropriate action promptly initiated and diligently conducted, if such reserve as shall be required by GAAP shall have been made therefor and levy and execution thereon have been stayed and continue to be stayed; or (iiiiv) additional indebtedness for borrowed money or letters of credit not exceeding in excess of $5,000,000.00 in the aggregate outstanding at during any time the sum of $10,000,000fiscal year; or (iv) any renewals or extensions of any of the foregoing.

Debts, Guaranties and Other Obligations. Without the consent of Majority Lenders, Borrower will not, and will not allow any of its Subsidiaries to, incur, create, assume or in any manner become or be liable in respect of any indebtedness, nor will Borrower or any Subsidiary guarantee or otherwise in any manner become or be liable in respect of any indebtedness, liabilities or other obligations of any other person Person or entityEntity, whether by agreement to purchase the indebtedness of any other person Person or entity Entity or agreement for the furnishing of funds to any other person Person or entity Entity through the purchase or lease of goods, supplies or services (or by way of stock purchase, capital contribution, advance or loan) for the purpose of paying or discharging the indebtedness of any other person Person or entityEntity, or otherwise, except that the foregoing restrictions shall not apply to: (i) the Notes Note and any renewal or increase thereof, or other indebtedness of the Borrower and any Subsidiary heretofore disclosed to Lenders Bank in the Borrower's Financial Statements or on Schedule "43" hereto; or (ii) taxes, assessments or other government charges which are not yet due or are being contested in good faith by appropriate action promptly initiated and diligently conducted, if such reserve as shall be required by GAAP shall have been made therefor and levy and execution thereon have been stayed and continue to be stayed; or (iii) indebtedness not exceeding (other than in connection with a loan or lending transaction) incurred in the aggregate outstanding at any time the sum ordinary course of $10,000,000business, including, but not limited to indebtedness for drilling, completing, leasing and reworking oil and gas wells; or (iv) any renewals or extensions of any of the foregoing.Permitted Purchase Money Indexxxxxess; or

Debts, Guaranties and Other Obligations. Without the consent of Majority Lenders, Neither Borrower will notnor either Guarantor will, and will not allow permit any of its Subsidiaries Subsidiary to, incur, create, assume or in any manner become or be liable in respect of any indebtedness, nor will Borrower or any Subsidiary guarantee or otherwise in any manner become or be liable in respect of any indebtedness, liabilities or other obligations of any other person or entityPerson, whether by agreement to purchase the indebtedness of any other person or entity Person or agreement for the furnishing of funds to any other person or entity Person through the purchase or lease of goods, supplies or services (or by way of stock purchase, capital contribution, advance or loan) for the purpose of paying or discharging the indebtedness of any other person or entityPerson, or otherwise, except that the foregoing restrictions shall not apply to: : (i) the Notes and any renewal or increase thereof, or other indebtedness of the Borrower and any Subsidiary heretofore disclosed to Lenders in the Borrower's Financial Statements or on Schedule "4" hereto; or or (ii) taxes, assessments or other government charges which are not yet due or are being contested in good faith by appropriate action promptly initiated and diligently conducted, if such reserve as shall be required by GAAP shall have been made therefor and levy and execution thereon have been stayed and continue to be stayed; or or (iii) indebtedness (other than in connection with a loan or lending transaction) incurred in the ordinary course of business which is -46- not more than 60 days past due, including, but not limited to indebtedness for drilling, completing, leasing and reworking oil and gas xxxxx; or (iv) obligations under Rate Management Transactions permitted pursuant to Section 13(l) hereof; or (v) other indebtedness not exceeding $250,000 in the aggregate outstanding at any time the sum of $10,000,000time; or or (ivvi) any renewals or extensions of (but, other than in the case of the Notes, not increases in) any of the foregoing.

Debts, Guaranties and Other Obligations. Without the consent of Majority LendersBanks, no Borrower will not, and will not allow any of its Subsidiaries to, incur, create, assume or in any manner become or be liable in respect of any indebtednessindebtedness (including Letters of Credit other than those Letters of Credit permitted hereunder) in excess of $200,000.00 in the aggregate for all Borrowers, nor will any Borrower or any Subsidiary guarantee or otherwise in any manner become or be liable in respect of any indebtedness, liabilities or other obligations of any other person or entity, whether by agreement to purchase the indebtedness of any other person or entity or agreement for the furnishing of funds to any other person or entity through the purchase or lease of goods, supplies or services (or by way of stock purchase, capital contribution, advance or loan) for the purpose of paying or discharging the indebtedness of any other person or entity, or otherwise, except that the foregoing restrictions shall not apply to: (i) the Notes and any renewal or increase thereof, or other indebtedness of the Borrower and any Subsidiary Borrowers heretofore disclosed to Lenders Banks in the Borrower's Borrowers' Financial Statements or on Schedule "43" hereto; or (ii) taxes, assessments or other government charges which are not yet due or are being contested in good faith by appropriate action promptly initiated and diligently conducted, if such reserve as shall be required by GAAP shall have been made therefor and levy and execution thereon have been stayed and continue to be stayed; or (iii) indebtedness not exceeding (other than in connection with a loan or lending transaction) incurred in the aggregate outstanding at any time ordinary course of business, including, but not limited to indebtedness for drilling, completing, leasing and reworking oil and gas xxxxx or the sum treatment, distribution, transportation of $10,000,000; orsale of production therefrom; (iv) any renewals or extensions of (but not increases in) any of the foregoing; or (v) indebtedness to other Borrowers.

Debts, Guaranties and Other Obligations. Without the consent of Majority LendersNeither Borrower, Borrower will not, and will not allow Guarantor or any of its their Subsidiaries to, will incur, create, assume or in any manner become or be liable in respect of any indebtedness, liabilities or other obligations, nor will the Borrower or Guarantor or any Subsidiary of their Subsidiaries guarantee or otherwise in any manner become or be liable in respect of any indebtedness, liabilities or other obligations of any other person or entity, whether by agreement to purchase the indebtedness of any other person or entity or agreement for the furnishing of funds to any other person or entity through the purchase or lease of goods, supplies or services (or by way of stock purchase, capital contribution, advance or loan) for the purpose of paying or discharging the indebtedness of any other person or entity, or otherwise, except that the foregoing restrictions shall not apply to: (i) the Notes and any renewal or increase thereofNotes, or other indebtedness of the Borrower and any Subsidiary Guarantor heretofore disclosed to Lenders Bank in the Borrower's or Guarantor's Financial Statements or on Schedule "49" hereto; or; (ii) taxes, assessments or other government charges which are not yet due or are being contested in good faith by appropriate action promptly initiated and diligently conducted, if such reserve as shall be required by GAAP shall have been made therefor and levy and execution thereon have been stayed and continue to be stayed; or; (iii) indebtedness not exceeding incurred in the aggregate outstanding at any time ordinary course of business as such business is being conducted on the sum of $10,000,000Effective Date; or (iv) any renewals or and extensions of any or all of the foregoing.

Debts, Guaranties and Other Obligations. Without the consent of Majority LendersBanks, no Borrower will not, and will not allow any of its Subsidiaries to, incur, create, assume or in any manner become or be liable in respect of any indebtednessindebtedness (including Letters of Credit other than those Letters of Credit permitted hereunder) in excess of $100,000.00 in the aggregate for all Borrowers, nor will any Borrower or any Subsidiary guarantee or otherwise in any manner become or be liable in respect of any indebtedness, liabilities or other obligations of any other person or entityPerson, whether by agreement to purchase the indebtedness of any other person or entity Person or agreement for the furnishing of funds to any other person or entity Person through the purchase or lease of goods, supplies or services (or by way of stock purchase, capital contribution, advance or loan) for the purpose of paying or discharging the indebtedness of any other person or entityPerson, or otherwise, except that the foregoing restrictions shall not apply to: (i) the Notes and any renewal or increase thereof, or other indebtedness of the Borrower and any Subsidiary Borrowers heretofore disclosed to Lenders the Banks in the Borrower's Borrowers' Financial Statements or on Schedule "4" hereto3 attached hereto and made a part hereof; or (ii) taxes, assessments or other government charges which are not yet due or are being contested in good faith by appropriate action promptly initiated and diligently conducted, if such reserve as shall be required by GAAP shall have been made therefor and levy and execution thereon have been stayed and continue to be stayed; or (iii) indebtedness not exceeding (other than in connection with a loan or lending transaction) incurred in the aggregate outstanding at any time ordinary course of business, including, but not limited to indebtedness for drilling, completing, leasing and reworking oil and gas xxxxx or the sum treatment, distribution, transportation of $10,000,000; orsale of production therefrom; (iv) any renewals or extensions of (but not increases in) any of the foregoing; or (v) indebtedness to other Borrowers.

Debts, Guaranties and Other Obligations. Without the consent of Majority Lenders, no Borrower will not, and will not allow any of its Subsidiaries to, incur, create, assume or in any manner become or be liable in respect of any indebtedness, nor will any Borrower or any Subsidiary guarantee or otherwise in any manner become or be liable in respect of any indebtedness, liabilities or other obligations of any other person or entity, whether by agreement to purchase the indebtedness of any other person or entity or agreement for the furnishing of funds to any other person or entity through the purchase or lease of goods, supplies or services (or by way of stock purchase, capital contribution, advance or loan) for the purpose of paying or discharging the indebtedness of any other person or entity, or otherwise, except that the foregoing restrictions shall not apply to: (i) the Notes and any renewal or increase thereof, or other indebtedness of the Borrower and any Subsidiary Borrowers heretofore disclosed to Lenders in the Borrower's Financial Statements or on Schedule "4" hereto; or (ii) taxes, assessments or other government charges which are not yet due or are being contested in good faith by appropriate action promptly initiated and diligently conducted, if such reserve as shall be required by GAAP shall have been made therefor and levy and execution thereon have been stayed and continue to be stayed; or (iii) indebtedness not exceeding (other than in connection with a loan or lending transaction) incurred in the aggregate outstanding at any time the sum ordinary course of $10,000,000business, including, but not limited to indebtedness for drilling, completing, leasing and reworking oil and gas xxxxx; or (iv) indebtedness evidenced by the Subordinated Notes; or (v) any renewals or extensions of (but not increases in) any of the foregoing.

Debts, Guaranties and Other Obligations. Without the consent of Majority Lenders, Neither Borrower nor any Guarantor will not, and will not allow any of its Subsidiaries to, incur, create, assume or in any manner become or be liable in respect of any indebtedness, nor will Borrower or any Subsidiary Guarantor guarantee or otherwise in any manner become or be liable in respect of any indebtedness, liabilities or other obligations of any other person or entity, whether by agreement to purchase the indebtedness of any other person or entity or agreement for the furnishing of funds to any other person or entity through the purchase or lease of goods, supplies or services (or by way of stock purchase, capital contribution, advance or loan) for the purpose of paying or discharging the indebtedness of any other person or entity, or otherwise, except that the foregoing restrictions shall not apply to: (i) the Notes and any renewal or increase thereof, or other indebtedness of the Borrower and any Subsidiary heretofore disclosed to Lenders in the Borrower's ’s Financial Statements or on Schedule "“4" ” hereto; or (ii) taxes, assessments or other government charges which are not yet due or are being contested in good faith by appropriate action promptly initiated and diligently conducted, if such reserve as shall be required by GAAP shall have been made therefor and levy and execution thereon have been stayed and continue to be stayed; or (iii) indebtedness not exceeding (other than in connection with a loan or lending transaction) incurred in the aggregate outstanding at any time the sum ordinary course of $10,000,000business, including, but not limited to indebtedness for drilling, completing, leasing and reworking oil and gas wxxxx; or (iv) obligations under Rate Management Transactions permitted pursuant to Section 13(m) hereof; or (v) other indebtedness of any nature not in excess of $1,000,000 in outstanding principal amount in the aggregate; or (vi) indebtedness owed under the provisions of the Indenture; or (vii) any renewals or extensions of (but not increases in) any of the foregoing.

Debts, Guaranties and Other Obligations. Without the consent of Majority Lenders, Neither Borrower nor any Subsidiary will not, and will not allow any of its Subsidiaries to, incur, create, assume or in any manner become or be liable in respect of any indebtedness, nor will Borrower or any Subsidiary guarantee or otherwise in any manner become or be liable in respect of any indebtedness, liabilities or other obligations of any other person or entity, whether by agreement to purchase the indebtedness of any other person or entity or agreement for the furnishing of funds to any other person or entity through the purchase or lease of goods, supplies or services (or by way of stock purchase, capital contribution, advance or loan) for the purpose of paying or discharging the indebtedness of any other person or entity, or otherwise, except that the foregoing restrictions shall not apply to: (i) the Notes and Letters of Credit, and any renewal or increase thereof, or other indebtedness of the Borrower and any Subsidiary outstanding at the Effective Date which has heretofore disclosed to Lenders in the Borrower's Financial Statements or on Schedule "4" hereto; or (ii) taxes, assessments or other government charges which are not yet due or are being contested in good faith by appropriate action promptly initiated and diligently conducted, if such reserve as shall be required by GAAP shall have been made therefor and levy and execution thereon have been stayed and continue to be stayed; or (iii) indebtedness not exceeding (other than in connection with a loan or lending transaction) incurred in the aggregate outstanding at any time the sum ordinary course of $10,000,000business, including, but not limited to indebtedness for drilling, completing, leasing and reworking oil and gas wells; or (iv) any renewals or extensions of any of the foregoing.

Debts, Guaranties and Other Obligations. Without the consent of Majority Lenders, No Borrower will not, and will not allow any of its Subsidiaries to, incur, --------------------------------------- create, assume or in any manner become or be liable in respect of any indebtedness, nor will any Borrower or any Subsidiary guarantee or otherwise in any manner become or be liable in respect of any indebtedness, liabilities or other obligations of any other person or entity, whether by agreement to purchase the indebtedness of any other person or entity or agreement for the furnishing of funds to any other person or entity through the purchase or lease of goods, supplies or services (or by way of stock purchase, capital contribution, advance or loan) for the purpose of paying or discharging the indebtedness of any other person or entity, or otherwise, except that the foregoing restrictions shall not apply to: (i) the Notes and any renewal or increase thereof, or other indebtedness of the Borrower and any Subsidiary Borrowers heretofore disclosed to Lenders Banks in the Borrower's Borrowers' Financial Statements or on Schedule "4" hereto; or (ii) taxes, assessments or other government charges which are not yet due or are being contested in good faith by appropriate action promptly initiated and diligently conducted, if such reserve as shall be required by GAAP shall have been made therefor and levy and execution thereon have been stayed and continue to be stayed; or (iii) indebtedness not exceeding (other than in connection with a loan or lending transaction) incurred in the aggregate outstanding at any time the sum ordinary course of $10,000,000business, including, but not limited to indebtedness for drilling, completing, leasing and reworking oil and gas xxxxx; or (iv) any renewals indebtedness owed by one Borrower to another Borrower as a result of intercompany loans or extensions of any advances; or (v) guaranties of the foregoing.Xxxxx Note and the Rainwater Note by Energy; or