Common use of Entirety, Etc Clause in Contracts

Entirety, Etc. THIS AGREEMENT, THE FORBEARANCE AGREEMENT, THE CREDIT AGREEMENT AND ALL OF THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES. [The remainder of this page has been left blank intentionally.] A422090515 EXECUTED to be effective as of the date first set forth above. BORROWER: XXXXXXXX RESOURCES AMERICA INC. By: /s/ Xxxxx X. Xxxxxxx III Name: Xxxxx X. Xxxxxxx III Title: CEO Amendment No. 1 to the Forbearance Agreement Signature Page GUARANTORS: ALBANY SERVICES L L C AMADEUS PETROLEUM INC. T-N-T ENGINEERING, INC. By: /s/ Xxxxx X. Xxxxxxx III Name: Xxxxx X. Xxxxxxx III Title: CEO EAGLEFORD GAS, LLC EAGLEFORD GAS 2, LLC EAGLEFORD GAS 3, LLC EAGLEFORD GAS 4, LLC EAGLEFORD GAS 5, LLC EAGLEFORD GAS 6, LLC EAGLEFORD GAS 7, LLC EAGLEFORD GAS 8, LLC EAGLEFORD GAS 10, LLC EAGLEFORD GAS 11, LLC XXXXXXXX OPERATING, LLC XXXXXXXX RESOURCES, INC. POPLAR ENERGY, LLC LA SALLE EAGLE FORD GATHERING LINE LLC XXXXXXXX BR DISPOSAL LLC By: /s/ Xxxxx X. Xxxxxxx III Name: Xxxxx X. Xxxxxxx III Title: CEO Amendment No. 1 to the Forbearance Agreement Signature Page ADMINISTRATIVE AGENT, ISSUING BANK: CITIBANK, N.A., By: /s/ Xxxxx XxXxxxx Name: Xxxxx XxXxxxx Title: Senior Vice President Signature Page LENDER: CITIBANK, N.A. By: /s/ Xxxxx XxXxxxx Name: Xxxxx XxXxxxx Title: Senior Vice President Signature Page LENDER: ABN AMRO CAPITAL USA LLC By: /s/ X. Xxxxx Name: X. Xxxxx Title: By: /s/ X. Xxxx Name: X. Xxxx Title: LENDER: COMERICA BANK Amendment No. 1 to the Forbearance Agreement Signature Page By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: Vice President LENDER: BARCLAYS BANK PLC Amendment No. 1 to the Forbearance Agreement Signature Page By: /s/ Sydney X. Xxxxxx Name: Sydney X. Xxxxxx Title: Director LENDER: JPMORGAN CHASE BANK, N.A. Amendment No. 1 to the Forbearance Agreement Signature Page By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Authorized Officer Amendment No. 1 to the Forbearance Agreement Signature Page LENDER: TRUIST BANK, as successor by merger to SunTrust Bank By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Senior Vice President Signature Page LENDER: FIFTH THIRD BANK, NATIONAL ASSOCIATION By: /s/ Xxxxxxxx X. Xxx Name: Xxxxxxxx X. Xxx Title: Director Amendment No. 1 to the Forbearance Agreement Signature Page LENDER: XXXXXXX XXXXXXX BANK By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Senior Vice President Amendment No. 1 to the Forbearance Agreement SCHEDULE 1

Appears in 1 contract

Samples: Forbearance Agreement (Lonestar Resources US Inc.)

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Entirety, Etc. THIS AGREEMENT, THE FORBEARANCE AGREEMENT, THE CREDIT AGREEMENT AND ALL OF THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES. [The remainder of this page has been left blank intentionally.] A422090515 EXECUTED to be effective as of the date first set forth above. BORROWER: XXXXXXXX RESOURCES AMERICA INC. By: /s/ Xxxxx X. Xxxxxxx Xxxxxxx, III Name: Xxxxx X. Xxxxxxx Xxxxxxx, III Title: CEO Amendment No. 1 to the Forbearance Agreement Signature Page Chief Executive Officer GUARANTORS: ALBANY SERVICES L L C AMADEUS PETROLEUM INC. T-N-T ENGINEERING, INC. Each By: /s/ Xxxxx X. Xxxxxxx Xxxxxxx, III Name: Xxxxx X. Xxxxxxx Xxxxxxx, III Title: CEO President EAGLEFORD GAS, LLC EAGLEFORD GAS 2, LLC EAGLEFORD GAS 3, LLC EAGLEFORD GAS 4, LLC EAGLEFORD GAS 5, LLC EAGLEFORD GAS 6, LLC EAGLEFORD GAS 7, LLC EAGLEFORD GAS 8, LLC EAGLEFORD GAS 10, LLC EAGLEFORD GAS 11, LLC XXXXXXXX OPERATING, LLC XXXXXXXX RESOURCES, INC. POPLAR ENERGY, LLC LA SALLE EAGLE FORD GATHERING LINE LLC XXXXXXXX BR DISPOSAL LLC Each By: /s/ Xxxxx X. Xxxxxxx Xxxxxxx, III Name: Xxxxx X. Xxxxxxx Xxxxxxx, III Title: CEO Amendment No. 1 to the Forbearance Agreement Signature Page ADMINISTRATIVE AGENT, ISSUING BANK: Chief Executive Officer CITIBANK, N.A., as Administrative Agent and Lender By: /s/ Xxxxx XxXxxxx Name: Xxxxx XxXxxxx Title: Senior Vice President Signature Page LENDERX.X. Xxxxxx Chase Bank N.A., as a Lender By: CITIBANK/s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Authorized Officer ABN AMRO CAPITAL USA LLC., N.A. as a Lender By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Managing Director By: /s/ Xxxxx XxXxxxx Xxxx Name: Xxxxx XxXxxxx Xxxx Title: Director TRUIST BANK., as a Lender By: /s/ Xxxxxxx X Xxxxxxx Name: Xxxxxxx X Xxxxxxx Title: Senior Vice President Signature Page LENDER: ABN AMRO CAPITAL USA LLC FIFTH THIRD BANK, N.A., as a Lender By: /s/ Xxxxx X. Xxxxx Xxxxxx Name: Xxxxx X. Xxxxx Xxxxxx Title: By: /s/ X. Xxxx Name: X. Xxxx Title: LENDER: Vice President COMERICA BANK Amendment No. 1 to the Forbearance Agreement Signature Page BANK, as a Lender By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: Vice President LENDER: BARCLAYS BANK PLC Amendment No. 1 to the Forbearance Agreement Signature Page PLC, as a Lender By: /s/ Sydney X. Xxxxxx Name: Sydney X. Xxxxxx Title: Director LENDER: JPMORGAN CHASE BANKIBERIABANK, N.A. Amendment No. 1 to the Forbearance Agreement Signature Page a division of First Horizon Bank, as a Lender By: /s/ Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Name: Xxxxxxx Xxxxxx Title: Authorized Officer Amendment No. 1 to the Forbearance Agreement Signature Page LENDER: TRUIST BANK, as successor by merger to SunTrust Bank By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Xxxxx Xxxxxxxxx Title: Senior Vice President Signature Page LENDEROCM ENGY Holdings, LLC, as a Lender By: FIFTH THIRD BANKOaktree Fund GP, NATIONAL ASSOCIATION LLC, Its: Manager; By: Oaktree Fund GP I, L.P., Its: Managing Member By: /s/ Xxxxx Xxxxxxxx X. Xxx Name: Xxxxx Xxxxxxxx X. Xxx Title: Director Amendment No. 1 to the Forbearance Agreement Signature Page LENDER: XXXXXXX XXXXXXX BANK Authorized Signatory By: /s/ Xxxxx Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Senior Vice President Amendment No. 1 to the Forbearance Agreement SCHEDULE 1Xxxxxx

Appears in 1 contract

Samples: First Amendment and Borrowing Base Agreement (Lonestar Resources US Inc.)

Entirety, Etc. This Amendment, the other Modification Papers and all of the other Loan Documents embody the entire agreement among the parties. THIS AGREEMENTAMENDMENT, THE FORBEARANCE AGREEMENT, THE CREDIT AGREEMENT OTHER MODIFICATION PAPERS AND ALL OF THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES. [The remainder of this page has been This space is left blank intentionallyintentionally blank. Signature pages follow.] A422090515 EXECUTED IN WITNESS WHEREOF, the parties hereto have executed this Amendment to be effective as of the date first set forth aboveEffective Date. BORROWER: XXXXXXXX RESOURCES AMERICA INC. PRIMEENERGY CORPORATION By: /s/ Xxxxx Xxxxxxx X. Xxxxxxx III Xxxxxxxx Name: Xxxxx Xxxxxxx X. Xxxxxxx III Xxxxxxxx Title: CEO Amendment No. 1 to the Forbearance Agreement Executive Vice President SECOND AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – Signature Page GUARANTORSS-1 ADMINISTRATIVE AGENT: ALBANY SERVICES L L C AMADEUS PETROLEUM INC. T-N-T ENGINEERINGCOMPASS BANK, INC. as Administrative Agent By: /s/ Xxxxxxxx X. Xxxxx X. Xxxxxxx III Name: Xxxxxxxx X. Xxxxx X. Xxxxxxx III Title: CEO EAGLEFORD GASManaging Director ISSUING BANK: COMPASS BANK, LLC EAGLEFORD GAS 2, LLC EAGLEFORD GAS 3, LLC EAGLEFORD GAS 4, LLC EAGLEFORD GAS 5, LLC EAGLEFORD GAS 6, LLC EAGLEFORD GAS 7, LLC EAGLEFORD GAS 8, LLC EAGLEFORD GAS 10, LLC EAGLEFORD GAS 11, LLC XXXXXXXX OPERATING, LLC XXXXXXXX RESOURCES, INC. POPLAR ENERGY, LLC LA SALLE EAGLE FORD GATHERING LINE LLC XXXXXXXX BR DISPOSAL LLC as Issuing Bank By: /s/ Xxxxxxxx X. Xxxxx X. Xxxxxxx III Name: Xxxxxxxx X. Xxxxx X. Xxxxxxx III Title: CEO Amendment No. 1 to the Forbearance Agreement Signature Page ADMINISTRATIVE AGENTManaging Director LENDER: COMPASS BANK, ISSUING BANKas a Lender By: /s/ Xxxxxxxx X. Xxxxx Name: Xxxxxxxx X. Xxxxx Title: Managing Director LENDER: CITIBANK, N.A., as a Lender By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: SVP SECOND AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT –Signature Page S-3 LENDER: XXXXX FARGO BANK, N.A., as a Lender By: /s/ Xxxxx XxXxxxx Xxxxx Name: Xxxxx XxXxxxx Title: Senior Vice President Signature Page LENDER: CITIBANK, N.A. By: /s/ Xxxxx XxXxxxx Name: Xxxxx XxXxxxx Title: Senior Vice President Signature Page LENDER: ABN AMRO CAPITAL USA LLC By: /s/ X. Xxxxx Name: X. Xxxxx Title: By: /s/ X. Xxxx Name: X. Xxxx Title: LENDER: COMERICA BANK Amendment No. 1 to the Forbearance Agreement Signature Page By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: Vice President LENDER: BARCLAYS BANK PLC Amendment No. 1 to the Forbearance Agreement SECOND AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT –Signature Page By: /s/ Sydney X. Xxxxxx Name: Sydney X. Xxxxxx Title: Director LENDER: JPMORGAN CHASE BANK, N.A. Amendment No. 1 to the Forbearance Agreement Signature Page By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Authorized Officer Amendment No. 1 to the Forbearance Agreement Signature Page LENDER: TRUIST BANK, as successor by merger to SunTrust Bank By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Senior Vice President Signature Page S-4 LENDER: FIFTH THIRD BANK, NATIONAL ASSOCIATION By: /s/ Xxxxxxxx X. Xxx Name: Xxxxxxxx X. Xxx Title: Director Amendment No. 1 to the Forbearance Agreement Signature Page LENDER: XXXXXXX XXXXXXX BANK as a Lender By: /s/ Xxxxxx X. Xxxxx Xxxxxxx Name: Xxxxxx X. Xxxxx Xxxxxxx Title: Senior Vice President Amendment No. 1 to the Forbearance Agreement SCHEDULE 1Director ANNEX I LIST OF MAXIMUM CREDIT AMOUNTS Aggregate Maximum Credit Amounts Name of Lender Applicable Percentage Maximum Credit Amount Compass Bank 33.333333333 % $ 100,000,000.00 Xxxxx Fargo Bank, National Association 27.777777778 % $ 83,333,333.33 Citibank, N.A. 22.222222222 % $ 66,666,666.67 Fifth Third Bank 16.666666667 % $ 50,000,000.00 TOTAL: 100.000000000 % $ 300,000,000.00

Appears in 1 contract

Samples: Credit Agreement (Primeenergy Corp)

Entirety, Etc. This Amendment and all of the other Loan Documents embody the entire agreement between the parties. THIS AGREEMENT, THE FORBEARANCE AGREEMENT, THE CREDIT AGREEMENT AMENDMENT AND ALL OF THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES. [The remainder of this page has been This space is left blank intentionallyintentionally blank. Signature pages follow.] A422090515 EXECUTED The parties hereto have caused this Agreement to be effective duly executed as of the date day and year first set forth aboveabove written. BORROWER: XXXXXXXX RESOURCES AMERICA INC. By: /s/ Xxxxx X. Xxxxxxx III Name: Xxxxx X. Xxxxxxx III Title: CEO Amendment No. 1 to the Forbearance Agreement Signature Page GUARANTORS: ALBANY SERVICES L L C AMADEUS PETROLEUM INC. T-N-T ENGINEERING, INC. By: /s/ Xxxxx X. Xxxxxxx III Name: Xxxxx X. Xxxxxxx III Title: CEO EAGLEFORD VANGUARD NATURAL GAS, LLC EAGLEFORD GAS 2, LLC EAGLEFORD GAS 3, LLC EAGLEFORD GAS 4, LLC EAGLEFORD GAS 5, LLC EAGLEFORD GAS 6, LLC EAGLEFORD GAS 7, LLC EAGLEFORD GAS 8, LLC EAGLEFORD GAS 10, LLC EAGLEFORD GAS 11, LLC XXXXXXXX OPERATING, LLC XXXXXXXX RESOURCES, INC. POPLAR ENERGY, LLC LA SALLE EAGLE FORD GATHERING LINE LLC XXXXXXXX BR DISPOSAL LLC By: /s/ Xxxxx X. Xxxxxxx III Name: Xxxxx X. Xxxxxx Xxxxxxx III Title: CEO Amendment No. 1 to the Forbearance Agreement Signature Page Xxxxxx Executive Vice President and Chief Financial Officer FIFTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-1 ADMINISTRATIVE AGENT, ISSUING BANK: CITIBANK, N.A., N.A. as Administrative Agent By: /s/ Xxxxx XxXxxxx Name: Xxxxx XxXxxxx Title: Senior Xxxx Xxxxxxx Xxxx Xxxxxxx Vice President Signature Page LENDERLENDERS: CITIBANK, N.A. By: /s/ Xxxxx XxXxxxx Name: Xxxxx XxXxxxx Title: Senior Xxxx Xxxxxxx Xxxx Xxxxxxx Vice President Signature Page LENDERFIFTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-2 LENDERS: ABN AMRO CAPITAL USA LLC XXXXX FARGO BANK, N.A. By: /s/ X. Xxxxx Xxxx Xxxxxx Name: X. Xxxxx Title: By: /s/ X. Xxxx Name: X. Xxxx Title: LENDER: COMERICA BANK Amendment No. 1 to the Forbearance Agreement Signature Page By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Xxxxxx Title: Vice President LENDERFIFTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-3 LENDERS: BARCLAYS CREDIT AGRICOLE CORPORATE & INVESTMENT BANK PLC Amendment No. 1 to the Forbearance Agreement Signature Page By: /s/ Sydney Xxxxxx X. Xxxxxx Name: Sydney Xxxxxx X. Xxxxxx Title: Managing Director LENDERBy: JPMORGAN CHASE BANK, N.A. Amendment No. 1 to the Forbearance Agreement Signature Page /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Managing Director FIFTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-4 LENDERS: ROYAL BANK OF CANADA By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Authorized Officer Amendment No. 1 to the Forbearance Agreement Signature Page LENDERSignatory FIFTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-5 LENDERS: TRUIST BANK, as successor by merger to SunTrust Bank THE BANK OF NOVA SCOTIA By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Managing Director FIFTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-6 LENDERS: BARCLAYS BANK PLC By: /s/ Xxxxxxx X. Xxxxxxx Xxxxxxxxxx Name: Xxxxxxx X. Xxxxxxxxxx Title: Vice President FIFTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-7 LENDERS: BANK OF MONTREAL By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Director FIFTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-8 LENDERS: THE ROYAL BANK OF SCOTLAND plc By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Authorized Signatory FIFTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-9 LENDERS: UBS LOAN FINANCE LLC By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Director By: /s/ Xxxxxxxx Xxxxxxxx Name: Xxxxxxxx Xxxxxxxx Title: Associate Director FIFTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-10 LENDERS: JPMORGAN CHASE BANK, N.A. By: /s/ Xxxx Xxxx Name: Xxxx Xxxx Title: Authorized Officer FIFTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-11 LENDERS: DEUTSCHE BANK TRUST COMPANY AMERICAS By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Vice President By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Senior Director FIFTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-12 LENDERS: BANK OF AMERICA, N.A. By: /s/ Xxxxxxx X. Xxxxxxxxx Name: Xxxxxxx X. Xxxxxxxxx Title: Vice President Signature Page LENDERFIFTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-13 LENDERS: FIFTH THIRD BANK, U.S. BANK NATIONAL ASSOCIATION By: /s/ Xxxxxxxx X. Xxx Name: Xxxxxxxx X. Xxx Title: Director Amendment No. 1 to the Forbearance Agreement Signature Page LENDERVice President FIFTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-14 LENDERS: XXXXXXX XXXXXXX COMERICA BANK By: /s/ Xxxxxx X. Xxxxx Xxxxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxxxx Title: Vice President FIFTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-15 LENDERS: FIFTH THIRD BANK By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxx Xxxxxx Title: Senior Vice President FIFTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-16 LENDERS: NATIXIS By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Director By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Managing Director FIFTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-17 LENDERS: XXXXXX XXXXXXX BANK, N.A. By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Authorized Signatory FIFTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-18 LENDERS: ASSOCIATED BANK, N.A. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: AVP FIFTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-19 LENDERS: CAPITAL ONE, NATIONAL ASSOCIATION By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Managing Director FIFTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-20 LENDERS: CANADIAN IMPERIAL BANK OF COMMERCE, NEW YORK BRANCH. By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Director By: /s/ Xxxxxxxx X. Xxx Name: Xxxxxxxx X. Xxx Title: Executive Director FIFTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-21 LENDERS: SUMITOMO MITSUI BANKING CORPORATION By: /s/ Xxxxx X. Xxxxxxxxx Name: Xxxxx X. Xxxxxxxxx Title: Managing Director FIFTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-22 LENDERS: WHITNEY BANK By: /s/ Liana Tchernysheva Name: Liana Tchernysheva Title: Senior Vice President FIFTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-23 LENDERS: AMEGY BANK NATIONAL ASSOCIATION By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Vice President FIFTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-24 LENDERS: BRANCH BANKING AND TRUST COMPANY By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Senior Vice President FIFTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-25 LENDERS: CREDIT SUISSE AG, Cayman Islands Branch By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Authorized Signatory By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Authorized Signatory FIFTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-26 LENDERS: PNC BANK NATIONAL ASSOCIATION By: /s/ Xxx Xxxxxxxx Name: Xxx Xxxxxxxx Title: Managing Director ANNEX I List of Commitments as of Effective Date of Fifth Amendment No. 1 to the Forbearance Agreement SCHEDULE 1Name of Lender Applicable Percentage Commitment Citibank, N.A. 5.154% $67,000,000 Xxxxx Fargo Bank, N.A. 6.565% $85,344,809 Bank of America, N.A. 4.769% $62,000,000 Bank of Montreal 4.769% $62,000,000 Barclays Bank PLC 4.769% $62,000,000 Credit Agricole Corporate & Investment Bank 4.769% $62,000,000 Deutsche Bank Trust Company Americas 4.769% $62,000,000 JPMorgan Chase Bank, N.A. 4.769% $62,000,000 Royal Bank of Canada 4.769% $62,000,000 The Bank of Nova Scotia 4.769% $62,000,000 The Royal Bank of Scotland 4.769% $62,000,000 U.S. Bank National Association 4.769% $62,000,000 UBS Loan Finance LLC 4.769% $62,000,000 Credit Suisse AG 4.385% $57,000,000 Comerica Bank 3.308% $43,000,000 Fifth Third Bank 3.308% $43,000,000 Xxxxxx Xxxxxxx Bank, N.A. 3.308% $43,000,000 Natixis 3.308% $43,000,000 Sumitomo Mitsui Banking Corporation 3.308% $43,000,000 Amegy Bank National Association 2.146% $27,900,179 Associated Bank, N.A. 2.146% $27,900,179 Capital One, National Association 2.146% $27,900,179 Canadian Imperial Bank of Commerce, New York Branch 2.146% $27,900,179 PNC Bank National Association 2.146% $27,900,170 Whitney Bank 2.146% $27,900,179 Branch Banking and Trust Company 2.020% $26,254,115 TOTAL 100% $1,300,000,000

Appears in 1 contract

Samples: Credit Agreement (Vanguard Natural Resources, LLC)

Entirety, Etc. This instrument and all of the other Loan Documents embody the entire agreement between the parties. THIS AGREEMENT, THE FORBEARANCE AGREEMENT, THE CREDIT AGREEMENT AMENDMENT AND ALL OF THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT AMONG BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG BETWEEN THE PARTIES. [The remainder of this page has been left blank intentionallySignatures begin on next page.] A422090515 EXECUTED The parties hereto have caused this Amendment to be effective duly executed as of the date day and year first set forth aboveabove written. BORROWER: XXXXXXXX RESOURCES AMERICA INC. By: /s/ Xxxxx X. Xxxxxxx III Name: Xxxxx X. Xxxxxxx III Title: CEO Amendment No. 1 to the Forbearance Agreement Signature Page GUARANTORS: ALBANY SERVICES L L C AMADEUS PETROLEUM INC. T-N-T ENGINEERING, INC. By: /s/ Xxxxx X. Xxxxxxx III Name: Xxxxx X. Xxxxxxx III Title: CEO EAGLEFORD VANGUARD NATURAL GAS, LLC EAGLEFORD GAS 2f/k/a Nami Holding Company, LLC EAGLEFORD GAS 3, LLC EAGLEFORD GAS 4, LLC EAGLEFORD GAS 5, LLC EAGLEFORD GAS 6, LLC EAGLEFORD GAS 7, LLC EAGLEFORD GAS 8, LLC EAGLEFORD GAS 10, LLC EAGLEFORD GAS 11, LLC XXXXXXXX OPERATING, LLC XXXXXXXX RESOURCES, INC. POPLAR ENERGY, LLC LA SALLE EAGLE FORD GATHERING LINE LLC XXXXXXXX BR DISPOSAL LLC By: /s/ Xxxxx X. Xxxxxxx III Name: Xxxxx Xxxxx X. Xxxxxxx III Title: CEO Amendment No. 1 to the Forbearance Agreement Signature Page Xxxxx President and Chief Executive Officer ADMINISTRATIVE AGENT, ISSUING BANK: CITIBANK, N.A., N.A. as Administrative Agent By: /s/ Xxxxx XxXxxxx Name: Xxxxx XxXxxxx Title: Senior Xxxxxx XxXxxxxxx Xxxxxx XxXxxxxxx Vice President Signature Page LENDERLENDERS: CITIBANK, N.A. By: /s/ Xxxxx XxXxxxx Name: Xxxxx XxXxxxx Title: Senior Xxxxxx XxXxxxxxx Xxxxxx XxXxxxxxx Vice President Signature Page LENDERLENDERS: ABN AMRO CAPITAL USA LLC By: /s/ X. Xxxxx Name: X. Xxxxx Title: By: /s/ X. Xxxx Name: X. Xxxx Title: LENDER: COMERICA BANK Amendment No. 1 to the Forbearance Agreement Signature Page BNP PARIBAS By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Direcotor By: /s/ Xxxxxx Xxxx Name: Xxxxx Xxxxxx Xxxx Title: Vice President LENDER: BARCLAYS BANK PLC Amendment NoEXHIBIT A-1 GATHERING AND COMPRESSION AGREEMENT TEC EXHIBIT A-2 GATHERING AND COMPRESSION AGREEMENT ARIANA EXHIBIT B MANAGEMENT SERVICES AGREEMENT EXHIBIT C-1 OPERATING AGREEMENT TEC EXHIBIT C-2 OPERATING AGREEMENT ARIANA EXHIBIT D PARTICIPATION AGREEMENT EXHIBIT E REVENUE PAYMENT AGREEMENT EXHIBIT F-1 WELL SERVICES AGREEMENT TEC EXHIBIT F-2 WELL SERVICES AGREEMENT ARIANA EXHIBIT G AMENDED SCHEDULE 2.09(c)(1) EXHIBIT H SCHEDULE 2.09(c)(3) XXXXX XX PROPERTIES The following is a listing of Xxxxx XX xxxxx located on oil and gas leases which are part of the Oil and Gas Properties under the Credit Agreement as of January 3, 2007, as amended. 1 The xxxxx (with the number of the permit for such well issued by the relevant regulatory agency) are listed by the field in which such xxxxx are located. It is agreed that with respect to the Forbearance Agreement Signature Page By: /s/ Sydney X. Xxxxxx Name: Sydney X. Xxxxxx Title: Director LENDER: JPMORGAN CHASE BANK, N.A. Amendment No. 1 to xxxxx in the Forbearance Agreement Signature Page By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Authorized Officer Amendment No. 1 to field as set forth below that the Forbearance Agreement Signature Page LENDER: TRUIST BANK, as successor by merger to SunTrust Bank By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Senior Vice President Signature Page LENDER: FIFTH THIRD BANK, NATIONAL ASSOCIATION By: /s/ Xxxxxxxx X. Xxx Name: Xxxxxxxx X. Xxx Title: Director Amendment No. 1 to Xxxxx Proved Developed Oil and Gas Properties shall include those reserves which are within the Forbearance Agreement Signature Page LENDER: XXXXXXX XXXXXXX BANK By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Senior Vice President Amendment No. 1 to Producing Strata in the Forbearance Agreement SCHEDULE 1Production Unit for such xxxxx.

Appears in 1 contract

Samples: Credit Agreement (Vanguard Natural Resources, LLC)

Entirety, Etc. THIS AGREEMENT, THE FORBEARANCE AGREEMENT, THE CREDIT AGREEMENT AND ALL OF THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES. [The remainder of this page has been left blank intentionally.] A422090515 EXECUTED to be effective as of the date first set forth above. BORROWER: XXXXXXXX RESOURCES AMERICA INC. By: /s/ Xxxxx X. Xxxxxxx Xxxxxxx, III Name: Xxxxx X. Xxxxxxx Xxxxxxx, III Title: CEO Amendment No. 1 to the Forbearance Agreement Signature Page Chief Executive Officer GUARANTORS: ALBANY SERVICES L L C AMADEUS PETROLEUM INC. T-N-T ENGINEERING, INC. Each By: /s/ Xxxxx X. Xxxxxxx Xxxxxxx, III Name: Xxxxx X. Xxxxxxx Xxxxxxx, III Title: CEO President EAGLEFORD GAS, LLC EAGLEFORD GAS 2, LLC EAGLEFORD GAS 3, LLC EAGLEFORD GAS 4, LLC EAGLEFORD GAS 5, LLC EAGLEFORD GAS 6, LLC EAGLEFORD GAS 7, LLC EAGLEFORD GAS 8, LLC EAGLEFORD GAS 10, LLC EAGLEFORD GAS 11, LLC XXXXXXXX OPERATING, LLC XXXXXXXX RESOURCES, INC. POPLAR ENERGY, LLC LA SALLE EAGLE FORD GATHERING LINE LLC XXXXXXXX BR DISPOSAL LLC Each By: By: /s/ Xxxxx X. Xxxxxxx Xxxxxxx, III Name: Xxxxx X. Xxxxxxx Xxxxxxx, III Title: CEO Amendment No. 1 to the Forbearance Agreement Chief Executive Officer FORBEARANCE AND FOURTEENTH AMENDMENT – Signature Page [SIGNATURE PAGE TO WAIVER AND AMENDMENT NO. 10 – SOUTHLAND] ADMINISTRATIVE AGENT, /ISSUING BANK: CITIBANK, N.A., as Administrative Agent and Issuing Bank By: /s/ Xxxxx XxXxxxx Name: Xxxxx XxXxxxx Title: Senior Vice President Signature Page LENDERLENDERS: CITIBANK, N.A. N.A., as a Lender By: /s/ Xxxxx XxXxxxx Name: Xxxxx XxXxxxx Title: Senior Vice President FORBEARANCE AND FOURTEENTH AMENDMENT – Signature Page LENDER: ABN AMRO CAPITAL USA LLC LLC, as a Lender By: /s/ X. Xxxxx Xxxxxxx Xxxxxx Name: X. Xxxxx Xxxxxxx Xxxxxx Title: Managing Director By: /s/ X. Xxxx Xxxxx Xxxxxxxxxx Name: X. Xxxx Xxxxx Xxxxxxxxxx Title: LENDER: COMERICA BANK Amendment No. 1 to the Forbearance Agreement Managing Director FORBEARANCE AND FOURTEENTH AMENDMENT – Signature Page COMERICA BANK, as a Lender By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: Vice President LENDER: FORBEARANCE AND FOURTEENTH AMENDMENT – Signature Page BARCLAYS BANK PLC Amendment No. 1 to the Forbearance Agreement Signature Page PLC, as a Lender By: /s/ Sydney X. Xxxxxx Name: Sydney X. Xxxxxx Title: Director LENDER: FORBEARANCE AND FOURTEENTH AMENDMENT – Signature Page JPMORGAN CHASE BANK, N.A. Amendment No. 1 to the Forbearance Agreement Signature Page N.A., as a Lender By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Authorized Officer Amendment No. 1 to the Forbearance Agreement FORBEARANCE AND FOURTEENTH AMENDMENT – Signature Page LENDER: TRUIST BANK, as successor by merger to SunTrust Bank a Lender By: /s/ Xxxxxxx Xxxxxxxx X. Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxxxxx X. Xxxxxxx Xxxxx Title: Senior Vice President Director FORBEARANCE AND FOURTEENTH AMENDMENT – Signature Page LENDER: FIFTH THIRD BANK, NATIONAL ASSOCIATION ASSOCIATION, as a Lender By: /s/ Xxxxxxxx X. Xxx Name: Xxxxxxxx X. Xxx Title: Director Amendment No. 1 to the Forbearance Agreement FORBEARANCE AND FOURTEENTH AMENDMENT – Signature Page LENDER: XXXXXXX XXXXXXX BANK IBERIABANK, as a Lender By: /s/ Xxxxxx X. W. Xxxxx Xxxxxxx Name: Xxxxxx X. W. Xxxxx Xxxxxxx Title: Senior Vice President Amendment No. 1 to the Forbearance Agreement SCHEDULE 1Market President-Energy Lending FORBEARANCE AND FOURTEENTH AMENDMENT – Signature Page XXXXXXX XXXXXXX BANK, as a Lender By: Name: Title: FORBEARANCE AND FOURTEENTH AMENDMENT – Signature Page EXHIBIT A (Specified Defaults)

Appears in 1 contract

Samples: Forbearance Agreement (Lonestar Resources US Inc.)

Entirety, Etc. THIS AGREEMENT, THE FIRST AMENDMENT, THE FORBEARANCE AGREEMENT, THE CREDIT AGREEMENT AND ALL OF THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES. [The remainder of this page has been left blank intentionally.] A422090515 4 EXECUTED to be effective as of the date first set forth above. BORROWER: XXXXXXXX RESOURCES AMERICA INC. By: /s/ Xxxxx X. Xxxxxxx III Name: Xxxxx X. Xxxxxxx III Title: CEO Amendment No. 1 2 to the Forbearance Agreement Signature Page GUARANTORS: ALBANY SERVICES L L C AMADEUS PETROLEUM INC. T-N-T ENGINEERING, INC. ByEach by: /s/ Xxxxx X. Xxxxxxx III Name: Xxxxx X. Xxxxxxx III Title: CEO EAGLEFORD GAS, LLC EAGLEFORD GAS 2, LLC EAGLEFORD GAS 3, LLC EAGLEFORD GAS 4, LLC EAGLEFORD GAS 5, LLC EAGLEFORD GAS 6, LLC EAGLEFORD GAS 7, LLC EAGLEFORD GAS 8, LLC EAGLEFORD GAS 10, LLC EAGLEFORD GAS 11, LLC XXXXXXXX OPERATING, LLC XXXXXXXX RESOURCES, INC. POPLAR ENERGY, LLC LA SALLE EAGLE FORD GATHERING LINE LLC XXXXXXXX BR DISPOSAL LLC ByEach by: /s/ Xxxxx X. Xxxxxxx III Name: Xxxxx X. Xxxxxxx III Title: CEO Amendment No. 1 2 to the Forbearance Agreement Signature Page ADMINISTRATIVE AGENT, ISSUING BANK: CITIBANK, N.A., By: /s/ Xxxxx XxXxxxx Name: Xxxxx XxXxxxx Title: Senior Vice President Signature Page LENDER: CITIBANK, N.A. By: /s/ Xxxxx XxXxxxx Name: Xxxxx XxXxxxx Title: Senior Vice President Signature Page LENDER: ABN AMRO CAPITAL USA LLC By: /s/ X. Xxxxx Name: X. Xxxxx Title: By: /s/ X. Xxxx Name: X. Xxxx Title: LENDER: COMERICA BANK Amendment No. 1 2 to the Forbearance Agreement Signature Page LENDER: COMERICA BANK By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: Vice President Signature Page LENDER: BARCLAYS BANK PLC Amendment No. 1 to the Forbearance Agreement Signature Page By: /s/ Sydney X. Xxxxxx Name: Sydney X. Xxxxxx Title: Director Amendment No. 2 to the Forbearance Agreement Signature Page LENDER: JPMORGAN CHASE BANK, N.A. Amendment No. 1 to the Forbearance Agreement Signature Page By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Authorized Officer Amendment No. 1 2 to the Forbearance Agreement Signature Page LENDER: TRUIST BANK, as successor by merger to SunTrust Bank By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Senior Vice President Signature Page LENDER: FIFTH THIRD BANK, NATIONAL ASSOCIATION By: /s/ Xxxxxxxx Xxxxx X. Xxx Xxxxxx Name: Xxxxxxxx Xxxxx X. Xxx Xxxxxx Title: Director Vice President Amendment No. 1 2 to the Forbearance Agreement Signature Page LENDER: IBERIABANK By: /s/ W. Xxxxx Xxxxxxx Name: W. Xxxxx Xxxxxxx Title: Market President-Energy Lending Amendment No. 2 to the Forbearance Agreement Signature Page LENDER: XXXXXXX XXXXXXX BANK By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Senior Vice President Amendment No. 1 2 to the Forbearance Agreement Signature Page SCHEDULE 11 EXHIBIT A (Specified Defaults)

Appears in 1 contract

Samples: Borrowing Base Agreement (Lonestar Resources US Inc.)

Entirety, Etc. This Amendment and all of the other Loan Documents embody the entire agreement between the parties. THIS AGREEMENT, THE FORBEARANCE AGREEMENT, THE CREDIT AGREEMENT AMENDMENT AND ALL OF THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES. [The remainder of this page has been This space is left blank intentionallyintentionally blank. Signature pages follow.] A422090515 EXECUTED The parties hereto have caused this Agreement to be effective duly executed as of the date day and year first set forth aboveabove written. BORROWER: XXXXXXXX RESOURCES AMERICA INC. By: /s/ Xxxxx X. Xxxxxxx III Name: Xxxxx X. Xxxxxxx III Title: CEO Amendment No. 1 to the Forbearance Agreement Signature Page GUARANTORS: ALBANY SERVICES L L C AMADEUS PETROLEUM INC. T-N-T ENGINEERING, INC. By: /s/ Xxxxx X. Xxxxxxx III Name: Xxxxx X. Xxxxxxx III Title: CEO EAGLEFORD VANGUARD NATURAL GAS, LLC EAGLEFORD GAS 2, LLC EAGLEFORD GAS 3, LLC EAGLEFORD GAS 4, LLC EAGLEFORD GAS 5, LLC EAGLEFORD GAS 6, LLC EAGLEFORD GAS 7, LLC EAGLEFORD GAS 8, LLC EAGLEFORD GAS 10, LLC EAGLEFORD GAS 11, LLC XXXXXXXX OPERATING, LLC XXXXXXXX RESOURCES, INC. POPLAR ENERGY, LLC LA SALLE EAGLE FORD GATHERING LINE LLC XXXXXXXX BR DISPOSAL LLC By: /s/ Xxxxx X. Xxxxxxx III Name: Xxxxx X. Xxxxxx Xxxxxxx III Title: CEO Amendment No. 1 to the Forbearance Agreement Signature Page Xxxxxx Executive Vice President and Chief Financial Officer THIRD AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-1 ADMINISTRATIVE AGENT, ISSUING BANK: CITIBANK, N.A., N.A. as Administrative Agent By: /s/ Xxxxx XxXxxxx Name: Xxxxx XxXxxxx Title: Senior Xxxx Xxxxxxx Xxxx Xxxxxxx Vice President Signature Page LENDERLENDERS: CITIBANK, N.A. By: /s/ Xxxxx XxXxxxx Name: Xxxxx XxXxxxx Title: Senior Xxxx Xxxxxxx Xxxx Xxxxxxx Vice President Signature Page LENDERTHIRD AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-2 LENDERS: ABN AMRO CAPITAL USA LLC By: /s/ X. Xxxxx Name: X. Xxxxx Title: By: /s/ X. Xxxx Name: X. Xxxx Title: LENDER: COMERICA BANK Amendment No. 1 to the Forbearance Agreement Signature Page XXXXX FARGO BANK, N.A. By: /s/ Xxxxx Xxxx Xxxxxx Name: Xxxxx Xxxx Title: Vice President LENDER: BARCLAYS BANK PLC Amendment No. 1 to the Forbearance Agreement Signature Page By: /s/ Sydney X. Xxxxxx Name: Sydney X. Xxxxxx Title: Director LENDERTHIRD AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-3 LENDERS: JPMORGAN CHASE BANK, N.A. Amendment No. 1 to the Forbearance Agreement Signature Page CREDIT AGRICOLE CORPORATE & INVESTMENT BANK By: /s/ Xxx Xxxxxxxx Name: Xxx Xxxxxxxx Title: Managing Director By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Managing Director THIRD AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-4 LENDERS: ROYAL BANK OF CANADA By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Authorized Officer Amendment No. 1 to the Forbearance Agreement Signature Page LENDERSignatory THIRD AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-5 LENDERS: TRUIST THE BANK OF NOVA SCOTIA By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Managing Director THIRD AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-6 LENDERS: BARCLAYS BANK PLC By: /s/ Xxxxxxx Xxxxxxxxx Name: Xxxxxxx Xxxxxxxxx Title: Vice President THIRD AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-7 LENDERS: BANK OF MONTREAL By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Director THIRD AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-8 LENDERS: THE ROYAL BANK OF SCOTLAND plc By: /s/ Sanvay Remond Name: Sanvay Remond Title: Authorized Signatory THIRD AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-9 LENDERS: UBS LOAN FINANCE LLC By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Director By: /s/ Xxxxxxx Xxxxxxxxx Name: Xxxxxxx Xxxxxxxxx Title: Associate Director THIRD AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-10 LENDERS: JPMORGAN CHASE BANK, as successor by merger to SunTrust Bank N.A. By: /s/ Xxxx Xxxx Name: Xxxx Xxxx Title: Authorized Officer THIRD AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-11 LENDERS: DEUTSCHE BANK TRUST COMPANY AMERICAS By: /s/ Xxxxxx X. Xxxxxxxxxx Name: Xxxxxx X. Xxxxxxxxxx Title: Director By: /s/ Xxxx Xxx Xxxxx Name: Xxxx Xxx Xxxxx Title: Managing Director THIRD AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-12 LENDERS: BANK OF AMERICA, N.A. By: /s/ Xxxxxxx Xxxxxxxxx Name: Xxxxxxx Xxxxxxxxx Title: Assistant Vice President THIRD AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-13 LENDERS: U.S. BANK NATIONAL ASSOCIATION By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Vice President THIRD AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-14 LENDERS: COMERICA BANK By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Senior Vice President THIRD AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-15 LENDERS: FIFTH THIRD BANK By: /s/ Xxxxxxx X. Xxxxxxx Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President THIRD AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-16 LENDERS: NATIXIS By: /s/ Xxxxx X. Xxxxxxx, III Name: Xxxxx X. Xxxxxxx, III Title: Managing Director By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Managing Director THIRD AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-17 LENDERS: XXXXXX XXXXXXX BANK, N.A. By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Authorized Signatory THIRD AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-18 LENDERS: ASSOCIATED BANK, N.A. By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Vice President THIRD AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-19 LENDERS: CAPITAL ONE, NATIONAL ASSOCIATION By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Vice President THIRD AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-20 LENDERS: CIBC INC. By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Managing Director By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Director THIRD AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-21 LENDERS: SUMITOMO MITSUI BANKING CORPORATION By: /s/ Xxxxxxxx Xxxxxx Name: Xxxxxxxx Xxxxxx Title: Managing Director THIRD AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-22 LENDERS: WHITNEY BANK By: /s/ Xxxxxxx X. Xxxxxxxxx Name: Xxxxxxx X. Xxxxxxxxx Title: Senior Vice President THIRD AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-23 LENDERS: AMEGY BANK NATIONAL ASSOCIATION By: /s/ H. Xxxxx Xxxxxx Name: H. Xxxxx Xxxxxx Title: Senior Vice President THIRD AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-24 LENDERS: BRANCH BANKING AND TRUST COMPANY By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Senior Vice President Signature Page THIRD AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-25 DEPARTING LENDER: FIFTH THIRD BANKBANK OF SCOTLAND PLC, NATIONAL ASSOCIATION NEW YORK BRANCH By: /s/ Xxxxxxxx X. Xxx Xxxxxxx Xxxxxxxxx Name: Xxxxxxxx X. Xxx Xxxxxxx Xxxxxxxxx Title: Director Assistant Vice President THIRD AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-26 ANNEX I List of Commitments as of Effective Date of Third Amendment No. 1 Annex I – Solo Page Name of Lender Applicable Percentage Commitment Citibank, N.A. 5.583% $ 67,000,000 Xxxxx Fargo Bank, National Association 7.112% $85,344,809 Credit Agricole Corporate and Investment Bank 5.167% $62,000,000 Royal Bank of Canada 5.167% $62,000,000 The Bank of Nova Scotia 5.167% $62,000,000 Barclays Bank PLC 5.167% $62,000,000 Bank of Montreal 5.167% $62,000,000 The Royal Bank of Scotland plc 5.167% $62,000,000 UBS Loan Finance LLC 5.167% $62,000,000 JPMorgan Chase Bank, N.A. 5.167% $62,000,000 Deutsche Bank Trust Company Americas 5.167% $62,000,000 Bank of America, N.A. 5.167% $62,000,000 U.S. Bank National Association 5.167% $62,000,000 Comerica Bank 3.583% $43,000,000 Fifth Third Bank 3.583% $43,000,000 Natixis 3.583% $43,000,000 Xxxxxx Xxxxxxx Bank, N.A. 3.583% $43,000,000 Associated Bank, N.A. 2.325% $27,900,179 Capital One, N.A. 2.325% $27,900,179 CIBC Inc. 2.325% $27,900,179 Sumitomo Mitsui Banking Corporation 2.325% $27,900,179 Whitney Bank 2.325% $27,900,179 Amegy Bank National Association 2.325% $27,900,179 Branch Banking and Trust Company 2.188% $26,254,115 TOTAL 100 % $1,200,000,000 Annex I – Solo Page EXHIBIT A FORM OF NOTE _____________, 201__ FOR VALUE RECEIVED, VANGUARD NATURAL GAS, LLC, a Kentucky limited liability company (the “Borrower”) hereby promises to pay to the Forbearance order of _____________________ (the “Lender”), at the principal office of CITIBANK, N.A. (the “Administrative Agent”), the aggregate unpaid principal amount of the Loans made by the Lender to the Borrower under the Credit Agreement, as hereinafter defined, in lawful money of the United States of America and in immediately available funds, on the dates and in the principal amounts provided in the Credit Agreement, and to pay interest on the unpaid principal amount of each such Loan, at such office, in like money and funds, for the period commencing on the date of such Loan until such Loan shall be paid in full, at the rates per annum and on the dates provided in the Credit Agreement. The date, amount, Type, interest rate, Interest Period and maturity of each Loan made by the Lender to the Borrower, and each payment made on account of the principal thereof, shall be recorded by the Lender on its books and, prior to any transfer of this Note, may be endorsed by the Lender on the schedules attached hereto or any continuation thereof or on any separate record maintained by the Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of this Note. This Note is one of the Notes referred to in the Third Amended and Restated Credit Agreement Signature Page LENDER: XXXXXXX XXXXXXX BANK dated as of September 30, 2011 among the Borrower, the Administrative Agent, and the other agents and lenders signatory thereto (including the Lender), and evidences Loans made by the Lender thereunder (such Credit Agreement as the same may be amended, supplemented or restated from time to time, the “Credit Agreement”). Capitalized terms used in this Note have the respective meanings assigned to them in the Credit Agreement. This Note is issued pursuant to, and is subject to the terms and conditions set forth in, the Credit Agreement and is entitled to the benefits provided for in the Credit Agreement and the other Loan Documents. The Credit Agreement provides for the acceleration of the maturity of this Note upon the occurrence of certain events, for prepayments of Loans upon the terms and conditions specified therein and other provisions relevant to this Note. THIS NOTE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK. VANGUARD NATURAL GAS, LLC By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Senior Vice President Amendment NoExhibit A – Solo Page Exhibit A – Solo Page EXHIBIT H-1 FORM OF COMMITMENT AMOUNT INCREASE AGREEMENT THIS COMMITMENT AMOUNT INCREASE AGREEMENT (this “Agreement”) dated as of [____________________], is between [Insert name of Existing Lender] (the “Existing Lender”) and Vanguard Natural Gas, LLC (the “Borrower”). 1 Each capitalized term used herein but not otherwise defined herein has the meaning given such term in the Credit Agreement referred to the Forbearance Agreement SCHEDULE 1below.

Appears in 1 contract

Samples: Credit Agreement (Vanguard Natural Resources, LLC)

Entirety, Etc. This Amendment and all of the other Loan Documents embody the entire agreement between the parties. THIS AGREEMENT, THE FORBEARANCE AGREEMENT, THE CREDIT AGREEMENT AMENDMENT AND ALL OF THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES. [The remainder of this page has been This space is left blank intentionallyintentionally blank. Signature pages follow.] A422090515 EXECUTED NINTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – Page 6 The parties hereto have caused this Agreement to be effective duly executed as of the date day and year first set forth aboveabove written. BORROWER: XXXXXXXX RESOURCES AMERICA INC. By: /s/ Xxxxx X. Xxxxxxx III Name: Xxxxx X. Xxxxxxx III Title: CEO Amendment No. 1 to the Forbearance Agreement Signature Page GUARANTORS: ALBANY SERVICES L L C AMADEUS PETROLEUM INC. T-N-T ENGINEERING, INC. By: /s/ Xxxxx X. Xxxxxxx III Name: Xxxxx X. Xxxxxxx III Title: CEO EAGLEFORD VANGUARD NATURAL GAS, LLC EAGLEFORD GAS 2, LLC EAGLEFORD GAS 3, LLC EAGLEFORD GAS 4, LLC EAGLEFORD GAS 5, LLC EAGLEFORD GAS 6, LLC EAGLEFORD GAS 7, LLC EAGLEFORD GAS 8, LLC EAGLEFORD GAS 10, LLC EAGLEFORD GAS 11, LLC XXXXXXXX OPERATING, LLC XXXXXXXX RESOURCES, INC. POPLAR ENERGY, LLC LA SALLE EAGLE FORD GATHERING LINE LLC XXXXXXXX BR DISPOSAL LLC By: /s/ Xxxxx X. Xxxxxxx III Name: Xxxxx X. Xxxxxx Xxxxxxx III Title: CEO Amendment No. 1 to the Forbearance Agreement Signature Page Xxxxxx Executive Vice President and Chief Financial Officer ADMINISTRATIVE AGENT, ISSUING BANK: CITIBANK, N.A., By: /s/ Xxxxx XxXxxxx Name: Xxxxx XxXxxxx Title: Senior Vice President Signature Page LENDER: CITIBANK, N.A. as Administrative Agent and Issuing Bank By: /s/ Xxxxx XxXxxxx Xxxx Xxx Name: Xxxxx XxXxxxx Xxxx Xxx Title: Senior Vice President Signature Page LENDERLENDERS: CITIBANK, N.A. as a Lender By: /s/ Xxxx Xxx Name: Xxxx Xxx Title: Vice President XXXXX FARGO BANK, N.A. as a Lender By: Name: Title: ABN AMRO CAPITAL USA LLC as a Lender By: Name: Title: BANK OF AMERICA, N.A. as a Lender By: /s/ X. Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Vice President BANK OF MONTREAL as a Lender By: /s/ Xxxxx Xxxxx Name: X. Xxxxx Xxxxx Title: Director BARCLAYS BANK PLC as a Lender By: /s/ Xxxx Xxxx Name: Xxxx Xxxx Title: Assistant Vice President CANADIAN IMPERIAL BANK OF COMMERCE, NEW YORK BRANCH as a Lender By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Signatory By: /s/ Xxxxxxx X. Xxxx Name: Xxxxxxx X. Xxxx Title: LENDERAuthorized Signatory CREDIT AGRICOLE CORPORATE & INVESTMENT BANK as a Lender By: COMERICA BANK Amendment No. 1 to the Forbearance Agreement Signature Page /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Managing Director By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Managing Director CREDIT SUISSE AG as a Lender By: /s/ Xxxxx Xxxx Xxxxx Name: Xxxxx Xxxx Xxxxx Title: Vice President LENDER: BARCLAYS BANK PLC Amendment No. 1 to the Forbearance Agreement Signature Page By: /s/ Sydney X. Xxxxxx Name: Sydney X. Xxxxxx Title: Director LENDER: JPMORGAN CHASE BANK, N.A. Amendment No. 1 to the Forbearance Agreement Signature Page Authorized Signatory By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Authorized Officer Amendment No. 1 to the Forbearance Agreement Signature Page LENDERSignatory DEUTSCHE BANK AG NEW YORK BRANCH as a Lender By: TRUIST BANK, as successor by merger to SunTrust Bank /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Vice President By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President FIFTH THIRD BANK as a Lender By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Director ING CAPITAL LLC as a Lender By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Director By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Director JPMORGAN CHASE BANK, N.A. as a Lender By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Executive Director NATIXIS, NEW YORK BRANCH as a Lender By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Managing Director By: /s/ Xxxxxx Xxxx Name: Xxxxxx Xxxx Title: Vice President PNC BANK NATIONAL ASSOCIATION as a Lender By: /s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: Assistant Vice President ROYAL BANK OF CANADA as a Lender By: /s/ Xxx X. Xxxxxxx XxXxxxxxxxx Name: Xxx X. XxXxxxxxxxx Title: Authorized Signatory SUMITOMO MITSUI BANKING CORPORATION as a Lender By: /s/ Xxxxx X. Xxxxxxxxx Name: Xxxxx X. Xxxxxxxxx Title: Managing Director THE BANK OF NOVA SCOTIA as a Lender By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Director CITIZENS BANK, N.A. as a Lender By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Senior Vice President Signature Page LENDERU.S. BANK NATIONAL ASSOCIATION as a Lender By: FIFTH THIRD BANK/s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Vice President UBS AG, STAMFORD BRANCH as a Lender By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Director By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Associate Director BRANCH BANKING AND TRUST COMPANY as a Lender By: /s/ Xxxx Xxxx Name: Xxxx Amam Title: Vice President CAPITAL ONE, NATIONAL ASSOCIATION as a Lender By: /s/ Xxxxxxxx X. Xxx Xxxxxxx Xxxxxx Name: Xxxxxxxx X. Xxx Title: Director Amendment No. 1 to the Forbearance Agreement Signature Page LENDER: XXXXXXX XXXXXXX BANK By: /s/ Xxxxxxx Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Senior Vice President Amendment NoCOMERICA BANK as a Lender By: /s/ Xxxxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxxxx Title: Senior Vice President COMMONWEALTH BANK OF AUSTRALIA as a Lender By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Director XXXXXX XXXXXXX BANK, N.A. as a Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Authorized Signatory ASSOCIATED BANK, N.A. as a Lender By: /s/Xxxx Xxxxx Name: Xxxx Xxxxx Title: Vice President AMEGY BANK NATIONAL ASSOCIATION as a Lender By: Name: Title: WHITNEY BANK as a Lender By: /s/ Liana Tchernysheva Name: Liana Tchernysheva Title: Senior Vice President THE HUNTINGTON NATIONAL BANK as a Lender By: Name: Title: SUNTRUST BANK as a Lender By: Name: Title: ANNEX I TO NINTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT THIRD AMENDED AND RESTATED CREDIT AGREEMENT Dated as of September 30, 2011 among VANGUARD NATURAL GAS, LLC, as Borrower, CITIBANK, N.A., as Administrative Agent and Issuing Bank, and The Other Lenders Party Hereto CITIGROUP GLOBAL MARKETS INC., as Co-Lead Arranger, Sole Bookrunner and Co-Syndication Agent XXXXX FARGO BANK, N.A., as Co-Lead Arranger and Co-Syndication Agent TABLE OF CONTENTS Page ARTICLE I Definitions and Accounting Matters 2 Section 1.01. 1 Terms Defined Above 2 Section 1.02. Certain Defined Terms 2 Section 1.03. Types of Loans and Borrowings 30 Section 1.04. Accounting Terms and Determinations; GAAP 31 Section 1.05. Changes in GAAP 31 Section 1.06. Calculations: Rounding 32 Section 1.07. Determination of Time of Day 32 Section 1.08. Amounts of Letters of Credit 32 ARTICLE II The Credits 32 Section 2.01. Commitments 32 Section 2.02. Loans and Borrowings 32 Section 2.03. Requests for Borrowings 33 Section 2.04. Interest Elections 34 Section 2.05. Funding of Borrowings 35 Section 2.06. Termination, Reduction and Increase of Aggregate Commitments 36 Section 2.07. Borrowing Base 39 Section 2.08. Letters of Credit 42 Section 2.09. Collateral 48 Section 2.10. Swap Agreements for Properties to the Forbearance Agreement SCHEDULE 1be Acquired 48 Section 2.11. Cash Collateral 48 Section 2.12. Defaulting Lenders 49

Appears in 1 contract

Samples: Credit Agreement (Vanguard Natural Resources, LLC)

Entirety, Etc. This Amendment and all of the other Loan Documents embody the entire agreement between the parties. THIS AGREEMENT, THE FORBEARANCE AGREEMENT, THE CREDIT AGREEMENT AMENDMENT AND ALL OF THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES. [The remainder of this page has been This space is left blank intentionallyintentionally blank. Signature pages follow.] A422090515 EXECUTED The parties hereto have caused this Agreement to be effective duly executed as of the date day and year first set forth aboveabove written. BORROWER: XXXXXXXX RESOURCES AMERICA INC. By: /s/ Xxxxx X. Xxxxxxx III Name: Xxxxx X. Xxxxxxx III Title: CEO Amendment No. 1 to the Forbearance Agreement Signature Page GUARANTORS: ALBANY SERVICES L L C AMADEUS PETROLEUM INC. T-N-T ENGINEERING, INC. By: /s/ Xxxxx X. Xxxxxxx III Name: Xxxxx X. Xxxxxxx III Title: CEO EAGLEFORD VANGUARD NATURAL GAS, LLC EAGLEFORD GAS 2, LLC EAGLEFORD GAS 3, LLC EAGLEFORD GAS 4, LLC EAGLEFORD GAS 5, LLC EAGLEFORD GAS 6, LLC EAGLEFORD GAS 7, LLC EAGLEFORD GAS 8, LLC EAGLEFORD GAS 10, LLC EAGLEFORD GAS 11, LLC XXXXXXXX OPERATING, LLC XXXXXXXX RESOURCES, INC. POPLAR ENERGY, LLC LA SALLE EAGLE FORD GATHERING LINE LLC XXXXXXXX BR DISPOSAL LLC By: /s/ Xxxxx X. Xxxxxxx III Name: Xxxxx X. Xxxxxxx III Title: CEO Amendment No. 1 to the Forbearance Agreement Signature Page Rxxxxxx Xxxxxx Rxxxxxx Xxxxxx Executive Vice President and Chief Financial Officer ADMINISTRATIVE AGENT, ISSUING BANK: CITIBANK, N.A., N.A. as Administrative Agent By: /s/ Xxxxx XxXxxxx Name: Xxxxx XxXxxxx Title: Senior Axxxxx XxXxxxxxx Axxxxx XxXxxxxxx Vice President Signature Page LENDERLENDERS: CITIBANK, N.A. By: /s/ Xxxxx XxXxxxx Axxxxx XxXxxxxxx Axxxxx XxXxxxxxx Vice President LENDERS: BNP PARIBAS By: /s/ Bxxxx Xxxxxx Name: Xxxxx XxXxxxx Bxxxx Xxxxxx Title: Senior Director By: /s/ Exxxxx Xxx Name: Exxxxx Xxx Title: Director LENDERS: THE BANK OF NOVA SCOTIA By: /s/ Jxxx Xxxxxxx Name: Jxxx Xxxxxxx Title: Director LENDERS: COMERICA BANK By: /s/ Jxxxxx Xxxxxxxx Name: Jxxxxx Xxxxxxxx Title: Vice President Signature Page LENDERLENDERS: ABN AMRO CAPITAL USA ROYAL BANK OF CANADA By: /s/ Jxxxx Xxxx Name: Jxxxx Xxxx Title: Authorized Signatory LENDERS: WXXXX FARGO BANK, N.A. By: /s/ Pxxxxxx X. Xxxxx Name: Pxxxxxx X. Xxxxx Title: Vice President LENDERS: CREDIT AGRICOLE CORPORATE & INVESTMENT BANK By: /s/ Txx Xxxxxxxx Name: Txx Xxxxxxxx Title: Managing Director By: /s/ Mxxxxxx X. Xxxxxx Name: Mxxxxxx X. Xxxxxx Title: Managing Director LENDERS: BARCLAYS BANK PLC By: /s/ Vxxxxxx X. Xxxxxxxxxx Name: Vxxxxxx X. Xxxxxxxxxx Title: Vice President LENDERS: BANK OF MONTREAL By: /s/ Kxxxx Xxxxx Name: Kxxxx Xxxxx Title: Director LENDERS: THE ROYAL BANK OF SCOTLAND plc By: /s/ Sxxxxx Xxxxxx Name: Sxxxxx Xxxxxx Title: Authorized Signatory LENDERS: UBS LOAN FINANCE LLC By: /s/ Ixxx X. Xxxx Name: Ixxx X. Xxxx Title: Associate Director Banking Products Services, US By: /s/ Mxxx X. Xxxxx Name: Mxxx X. Xxxxx Title: Associate Director Banking Products Services, US LENDERS: BANK OF SCOTLAND PLC, NEW YORK BRANCH By: /s/ Jxxxx X. Xxxx Xxxxxxxx Name: Jxxxx X. Xxxx Title: LENDER: COMERICA BANK Amendment No. 1 to the Forbearance Agreement Signature Page By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Xxxxxxxx Title: Vice President LENDERLENDERS: BARCLAYS BANK PLC Amendment No. 1 to the Forbearance Agreement Signature Page NATIXIS By: /s/ Sydney X. Xxxxxx Liana Tchernysheva Name: Sydney X. Xxxxxx Liana Tchernysheva Title: Managing Director LENDERBy: JPMORGAN CHASE /s/ Dxxxxxx X. Xxxxxxxxx Name: Dxxxxxx X. Xxxxxxxxx Title: Managing Director LENDERS: U.S. BANK NATIONAL ASSOCIATION By: /s/ Dxxxx Xxxxxxx Name: Dxxxx Xxxxxxx Title: Vice President LENDERS: ASSOCIATED BANK, N.A. Amendment No. 1 to the Forbearance Agreement Signature Page By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Authorized Officer Amendment No. 1 to the Forbearance Agreement Signature Page LENDER: TRUIST BANK, as successor by merger to SunTrust Bank By: /s/ Xxxxxxx X. Txxxxxx Xxxxxxx Name: Xxxxxxx X. Txxxxxx Xxxxxxx Title: Senior Vice President Signature Page LENDERLENDERS: FIFTH THIRD BANKBANK OF AMERICA MXXXXXX LXXXX By: /s/ Sxxxxxx X. Xxxxxxx Name: Sxxxxxx X. Xxxxxxx Title: Managing Director LENDERS: BRANCH BANKING AND TRUST COMPANY By: /s/ Jxxx Xxxxxx Name: Jxxx Xxxxxx Title: Senior Vice President LENDERS: CAPITAL ONE, NATIONAL ASSOCIATION By: /s/ Xxxxxxxx X. Xxx Name: Xxxxxxxx X. Xxx Title: Director Amendment No. 1 to the Forbearance Agreement Signature Page LENDER: XXXXXXX XXXXXXX BANK By: /s/ Xxxxxx X. Sxxxx Xxxxx Name: Xxxxxx X. Sxxxx Xxxxx Title: Senior Vice President Amendment No. 1 LENDERS: CIBC INC By: /s/ Txxxx Xxxxxx Name: Txxxx Xxxxxx Title: Authorized Signatory By: /s/ Rxxxxxx Xxxx Name: Rxxxxxx Xxxx Title: Authorized Signatory LENDERS: SUMITOMO MITSUI BANKING CORPORATION By: /s/ Mxxxxxxx Xxxxxxxx Name: Mxxxxxxx Xxxxxxxx Title: Managing Director C.Ratio (Line I.A.4 ÷ Line I.B.10) __________ to the Forbearance Agreement SCHEDULE 11.0 Maximum Permitted: 4.00 to 1.00

Appears in 1 contract

Samples: Credit Agreement (Vanguard Natural Resources, LLC)

Entirety, Etc. This Amendment and all of the other Loan Documents embody the entire agreement between the parties. THIS AGREEMENT, THE FORBEARANCE AGREEMENT, THE CREDIT AGREEMENT AMENDMENT AND ALL OF THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT FOURTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – Page 12 ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES. [The remainder of this page has been This space is left blank intentionallyintentionally blank. Signature pages follow.] A422090515 EXECUTED The parties hereto have caused this Agreement to be effective duly executed as of the date day and year first set forth aboveabove written. BORROWER: XXXXXXXX RESOURCES AMERICA INC. By: /s/ Xxxxx X. Xxxxxxx III Name: Xxxxx X. Xxxxxxx III Title: CEO Amendment No. 1 to the Forbearance Agreement Signature Page GUARANTORS: ALBANY SERVICES L L C AMADEUS PETROLEUM INC. T-N-T ENGINEERING, INC. By: /s/ Xxxxx X. Xxxxxxx III Name: Xxxxx X. Xxxxxxx III Title: CEO EAGLEFORD VANGUARD NATURAL GAS, LLC EAGLEFORD GAS 2, LLC EAGLEFORD GAS 3, LLC EAGLEFORD GAS 4, LLC EAGLEFORD GAS 5, LLC EAGLEFORD GAS 6, LLC EAGLEFORD GAS 7, LLC EAGLEFORD GAS 8, LLC EAGLEFORD GAS 10, LLC EAGLEFORD GAS 11, LLC XXXXXXXX OPERATING, LLC XXXXXXXX RESOURCES, INC. POPLAR ENERGY, LLC LA SALLE EAGLE FORD GATHERING LINE LLC XXXXXXXX BR DISPOSAL LLC By: /s/ Xxxxx X. Xxxxxxx III Name: Xxxxx X. Xxxxxx Xxxxxxx III Title: CEO Amendment No. 1 to the Forbearance Agreement Signature Page Xxxxxx Executive Vice President and Chief Financial Officer ADMINISTRATIVE AGENT, ISSUING BANK: CITIBANK, N.A., N.A. as Administrative Agent By: /s/ Xxxxx XxXxxxx Name: Xxxxx XxXxxxx Title: Senior Xxxx Xxxxxxx Xxxx Xxxxxxx Vice President Signature Page LENDERLENDERS: CITIBANK, N.A. By: /s/ Xxxxx XxXxxxx Name: Xxxxx XxXxxxx Title: Senior Xxxx Xxxxxxx Xxxx Xxxxxxx Vice President Signature Page LENDERLENDERS: ABN AMRO CAPITAL USA XXXXX FARGO BANK, N.A. By: /s/ Xxxx Xxxxxx Xxxx Xxxxxx Vice President LENDERS: CREDIT AGRICOLE CORPORATE & INVESTMENT BANK By: /s/ Xxxxxxx X. Xxxxxx Xxxxxxx X. Xxxxxx Managing Director By: /s/ Xxxxx Xxxxxxxxxx Xxxxx Xxxxxxxxxx Managing Director LENDERS: ROYAL BANK OF CANADA By: /s/ Xxx X. XxXxxxxxxxx Xxx X. XxXxxxxxxxx Authorized Signatory LENDERS: THE BANK OF NOVA SCOTIA By: /s/ Xxxxx Xxxxxxx Xxxxx Xxxxxxx Managing Director LENDERS: BARCLAYS BANK PLC By: /s/ Xxxxxxx X. Xxxxxxxxxx Xxxxxxx X. Xxxxxxxxxx Vice President LENDERS: BANK OF MONTREAL By: /s/ Xxxxx Xxxxx Xxxxx Xxxxx Director LENDERS: THE ROYAL BANK OF SCOTLAND plc By: /s/ Xxxxxx Xxxxxx Xxxxxx Xxxxxx Authorised Signatory LENDERS: UBS LOAN FINANCE LLC By: /s/ X. Xxxx Xxxxx Name: X. Xxxx Xxxxx Title: Director By: /s/ X. Xxxx Name: X. Xxxx Title: LENDER: COMERICA BANK Amendment No. 1 to the Forbearance Agreement Signature Page By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: Vice President LENDER: BARCLAYS BANK PLC Amendment No. 1 to the Forbearance Agreement Signature Page By: /s/ Sydney X. Xxxxxx Name: Sydney X. Xxxxxx Title: Xxxxxxx Xxxxxxxxx Xxxxxxx Xxxxxxxxx Associate Director LENDERLENDERS: JPMORGAN CHASE BANK, N.A. Amendment No. 1 to the Forbearance Agreement Signature Page By: /s/ Xxxx Xxxx Xxxx Xxxx Authorized Officer LENDERS: DEUTSCHE BANK TRUST COMPANY AMERICAS By: /s/ Xxxxxx X. Xxxxxxxxxx Xxxxxx X. Xxxxxxxxxx Director By: /s/ Xxxxxx Ji Xxxxxx Ji Vice President LENDERS: BANK OF AMERICA, N.A. By: /s/ Xxxxxxx Xxxxxx NameXxxxxxxxx Xxxxxxx Xxxxxxxxx Vice President LENDERS: Xxxxxxx Xxxxxx Title: Authorized Officer Amendment No. 1 to the Forbearance Agreement Signature Page LENDER: TRUIST BANK, as successor by merger to SunTrust Bank U.S. BANK NATIONAL ASSOCIATION By: /s/ Xxxxxxx Xxxx X. Xxxxxxx NameXxxxxxxx Xxxx X. Xxxxxxxx Vice President LENDERS: Xxxxxxx X. Xxxxxxx TitleCOMERICA BANK By: /s/ Xxxxxx Xxxxxxxx Xxxxxx Xxxxxxxx Senior Vice President Signature Page LENDERLENDERS: FIFTH THIRD BANK By: /s/ Xxxxx X. Xxxxxx Xxxxx X. Xxxxxx Executive Director LENDERS: NATIXIS By: /s/ Xxxxxxxx Xxxxx Xxxxxxxx Xxxxx Director By: /s/ Xxxxxx Xxxxxx Xxxxxx Xxxxxx Managing Director LENDERS: XXXXXX XXXXXXX BANK, N.A. By: /s/ Xxxxx Xxxx Xxxxx Xxxx Authorized Signatory LENDERS: ASSOCIATED BANK, N.A. By: /s/ Xxxx Xxxxx Xxxx Xxxxx AVP LENDERS: CAPITAL ONE, NATIONAL ASSOCIATION By: /s/ Xxxxxxxx Xxxxxx Xxxxx Xxxxxx Xxxxx Vice President LENDERS: CIBC INC. By: /s/ Xxxxxx Xx Xxxxxx Xx Authorized Signatory By: /s/ Xxxxxx Xxxxx Xxxxxx Xxxxx CIBC Inc. Authorized Signatory LENDERS: SUMITOMO MITSUI BANKING CORPORATION By: /s/ Xxxxx X. Xxx NameXxxxxxxxx Xxxxx X. Xxxxxxxxx Managing Director LENDERS: Xxxxxxxx X. Xxx Title: Director Amendment No. 1 to the Forbearance Agreement Signature Page LENDER: XXXXXXX XXXXXXX WHITNEY BANK By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Liana Tchernysheva Liana Tchernysheva Senior Vice President Amendment NoLENDERS: AMEGY BANK NATIONAL ASSOCIATION By: /s/ Xxxxxx Xxxxxxxxx Xxxxxx Xxxxxxxxx Vice President LENDERS: BRANCH BANKING AND TRUST COMPANY By: /s/ Xxxxxx Xxxxxxx Xxxxxx Xxxxxxx Senior Vice President EXHIBIT I RESERVE REPORT CERTIFICATE TO: CITIBANK, N.A., as Administrative Agent Vanguard Natural Gas, LLC, the financial institutions signing as Lenders and Citibank, N.A., as Administrative Agent, are parties to a Third Amended and Restated Credit Agreement dated as of September 30, 2011 (as amended from time to time, the "Credit Agreement"). 1 The defined terms in this Certificate have the same meanings as provided in the Credit Agreement. This Certificate is given pursuant to the Forbearance Agreement SCHEDULE 1requirements of Section 8.12(c) of the Credit Agreement. The undersigned is a Responsible Officer of the Borrower. The undersigned hereby certifies as follows:

Appears in 1 contract

Samples: Credit Agreement (Vanguard Natural Resources, LLC)

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Entirety, Etc. This Amendment and all of the other Loan Documents embody the entire agreement between the parties. THIS AGREEMENT, THE FORBEARANCE AGREEMENT, THE CREDIT AGREEMENT AMENDMENT AND ALL OF THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES. [The remainder of this page has been This space is left blank intentionallyintentionally blank. Signature pages follow.] A422090515 EXECUTED The parties hereto have caused this Agreement to be effective duly executed as of the date day and year first set forth aboveabove written. BORROWER: XXXXXXXX RESOURCES AMERICA INC. By: /s/ Xxxxx X. Xxxxxxx III Name: Xxxxx X. Xxxxxxx III Title: CEO Amendment No. 1 to the Forbearance Agreement Signature Page GUARANTORS: ALBANY SERVICES L L C AMADEUS PETROLEUM INC. T-N-T ENGINEERING, INC. By: /s/ Xxxxx X. Xxxxxxx III Name: Xxxxx X. Xxxxxxx III Title: CEO EAGLEFORD VANGUARD NATURAL GAS, LLC EAGLEFORD GAS 2, LLC EAGLEFORD GAS 3, LLC EAGLEFORD GAS 4, LLC EAGLEFORD GAS 5, LLC EAGLEFORD GAS 6, LLC EAGLEFORD GAS 7, LLC EAGLEFORD GAS 8, LLC EAGLEFORD GAS 10, LLC EAGLEFORD GAS 11, LLC XXXXXXXX OPERATING, LLC XXXXXXXX RESOURCES, INC. POPLAR ENERGY, LLC LA SALLE EAGLE FORD GATHERING LINE LLC XXXXXXXX BR DISPOSAL LLC By: /s/ Xxxxx Xxxxxxx X. Xxxxxx Xxxxxxx III Name: Xxxxx X. Xxxxxxx III Title: CEO Amendment No. 1 to the Forbearance Agreement Signature Page A. Xxxxxx Executive Vice President and Chief Financial Officer EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-1 ADMINISTRATIVE AGENT, ISSUING BANK: CITIBANK, N.A., N.A. as Administrative Agent By: /s/ Xxxxx XxXxxxx Name: Xxxxx XxXxxxx Title: Senior Xxxx Xxx Xxxx Xxx Vice President Signature Page LENDERLENDERS: CITIBANK, N.A. By: /s/ Xxxxx XxXxxxx Xxxx Xxx Xxxx Xxx Vice President EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-2 LENDERS: XXXXX FARGO BANK, N.A. By: /s/ Xxxx Xxxxxx Name: Xxxxx XxXxxxx Xxxx Xxxxxx Title: Senior Vice President Signature Page LENDEREIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-3 LENDERS: ABN AMRO CAPITAL USA LLC By: /s/ X. Xxxxx Xxxxxxxxx Xxxxxxx Name: X. Xxxxx Title: By: /s/ X. Xxxx Name: X. Xxxx Title: LENDER: COMERICA BANK Amendment No. 1 to the Forbearance Agreement Signature Page By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: Vice President LENDER: BARCLAYS BANK PLC Amendment No. 1 to the Forbearance Agreement Signature Page By: /s/ Sydney X. Xxxxxx Name: Sydney X. Xxxxxx Xxxxxxxxx Xxxxxxx Title: Director LENDER: JPMORGAN CHASE BANK, N.A. Amendment No. 1 to the Forbearance Agreement Signature Page By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Managing Director EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-4 LENDERS: BANK OF AMERICA, N.A. By: /s/ Xxxxxxx Xxxxxxxxx Name: Xxxxxxx Xxxxxxxxx Title: Vice President EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-5 LENDERS: BANK OF MONTREAL By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Director EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-6 LENDERS: BARCLAYS BANK PLC By: /s/ Xxxxxxxxxx Xxxxxx Name: Xxxxxxxxxx Xxxxxx Title: Vice President EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-7 LENDERS: CANADIAN IMPERIAL BANK OF COMMERCE, NEW YORK BRANCH By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Officer Amendment No. 1 to the Forbearance Agreement Signature Page LENDER: TRUIST BANK, as successor by merger to SunTrust Bank Signatory By: /s/ Xxxxxxx X. Xxxx Name: Xxxxxxx X. Xxxx Title: Authorized Signatory EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-8 LENDERS: CREDIT AGRICOLE CORPORATE & INVESTMENT BANK By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Managing Director By: /s/ Xxxxxxx Xxxxxxxxx Name: Xxxxxxx Xxxxxxxxx Title: Director EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-9 LENDERS: CREDIT SUISSE AG By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Authorized Signatory By: /s/ Xxxxx Xxxxxxxxxx Name: Xxxxx Xxxxxxxxxx Title: Authorized Signatory EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-10 LENDERS: DEUTSCHE BANK AG NEW YORK BRANCH By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-11 LENDERS: FIFTH THIRD BANK By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Director EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-12 LENDERS: ING CAPITAL LLC By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Managing Director By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Director EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-13 LENDERS: JPMORGAN CHASE BANK, N.A. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorized Officer EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-14 LENDERS: NATIXIS, NEW YORK BRANCH By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Managing Director By: /s/ Xxxxxx Xxxx Name: Xxxxxx Xxxx Title: Vice President EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-15 LENDERS: PNC BANK NATIONAL ASSOCIATION By: /s/ Xxx Xxxxxxxx Name: Xxx Xxxxxxxx Title: Managing Director EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-16 LENDERS: ROYAL BANK OF CANADA By: /s/ Xxxx Xxxxxxx, Xx. Name: Xxxx Xxxxxxx, Xx. Title: Authorized Signatory EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-17 LENDERS: SUMITOMO MITSUI BANKING CORPORATION By: /s/ Xxxxx X. Xxxxxxx Xxxxxxxxx Name: Xxxxx X. Xxxxxxxxx Title: Managing Director EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-18 LENDERS: THE BANK OF NOVA SCOTIA By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Director EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-19 LENDERS: CITIZENS BANK, N.A. By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Senior Vice President Signature Page LENDEREIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-20 LENDERS: FIFTH U.S. BANK NATIONAL ASSOCIATION By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Vice President EIGHTH AMENDMENT TO THIRD BANKAMENDED AND RESTATED CREDIT AGREEMENT – S-21 LENDERS: UBS AG, STAMFORD BRANCH By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Associate Director By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Associate Director EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-22 LENDERS: BRANCH BANKING AND TRUST COMPANY By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-23 LENDERS: CAPITAL ONE, NATIONAL ASSOCIATION By: /s/ Xxxxxxxx X. Xxxxx Xxx Name: Xxxxxxxx X. Xxxxx Xxx Title: Director Amendment No. 1 to the Forbearance Agreement Signature Page LENDERSenior Vice President EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-24 LENDERS: XXXXXXX XXXXXXX COMERICA BANK By: /s/ Xxxxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxxxx Title: Senior Vice President EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-25 LENDERS: COMMONWEALTH BANK OF AUSTRALIA By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx Xxxxxx Title: Director EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-26 LENDERS: XXXXXX XXXXXXX BANK, N.A. By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Authorized Signatory EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-27 LENDERS: ASSOCIATED BANK, N.A. By: /s/ Xxxxxx Xxxxx Name: Xxxxxx X. Xxxxx Title: Senior Vice President EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-28 LENDERS: AMEGY BANK NATIONAL ASSOCIATION By: Name: Title: EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-29 LENDERS: WHITNEY BANK By: /s/ Liana Tchernysheva Name: Liana Tchernysheva Title: Senior Vice President EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-30 LENDERS: THE HUNTINGTON NATIONAL BANK By: /s/ Xxxxxxxxxxx Xxxxx Name: Xxxxxxxxxxx Xxxxx Title: Vice President EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-31 LENDERS: SUNTRUST BANK By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Vice President EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-32 ANNEX I List of Commitments and Applicable Percentages as of Effective Date of Eighth Amendment No. to Third Amended and Restated Credit Agreement Name of Lender Applicable Percentage Commitment 1 to the Forbearance Agreement SCHEDULE 1Citibank, N.A. 3.900 % $62,400,000.00 2 Xxxxx Fargo Bank, N.A. 4.450 % $71,200,000.00 3 ABN AMRO Capital USA LLC 3.650 % $58,400,000.00 4 Bank of America, N.A. 3.650 % $58,400,000.00 5 Bank of Montreal 3.650 % $58,400,000.00 6 Barclays Bank PLC 3.650 % $58,400,000.00 7 Canadian Imperial Bank of Commerce, New York Branch 3.650 % $58,400,000.00 8 Credit Agricole Corporate & Investment Bank 3.650 % $58,400,000.00 9 Credit Suisse AG 3.650 % $58,400,000.00 10 Deutsche Bank AG New York Branch 3.650 % $58,400,000.00 11 Fifth Third Bank 3.650 % $58,400,000.00 12 ING Capital LLC 3.650 % $58,400,000.00 13 JPMorgan Chase Bank, N.A. 3.650 % $58,400,000.00 14 Natixis, New York Branch 3.650 % $58,400,000.00 15 PNC Bank National Association 3.650 % $58,400,000.00 00 Xxxxx Xxxx xx Xxxxxx 3.650 % $58,400,000.00 17 Sumitomo Mitsui Banking Corporation 3.650 % $58,400,000.00 00 Xxx Xxxx xx Xxxx Xxxxxx 3.650 % $58,400,000.00 19 Citizens Bank, N.A. 3.650 % $58,400,000.00 20 U.S. Bank National Association 3.650 % $58,400,000.00 21 UBS AG, Stamford Branch 3.650 % $58,400,000.00 22 Branch Banking and Trust Company 2.750 % $44,000,000.00 23 Capital One, National Association 2.750 % $44,000,000.00 24 Comerica Bank 2.750 % $44,000,000.00 00 Xxxxxxxxxxxx Xxxx xx Xxxxxxxxx 2.750 % $44,000,000.00 26 Xxxxxx Xxxxxxx Bank, N.A. 2.750 % $44,000,000.00 27 Associated Bank, N.A. 2.150 % $34,400,000.00 28 Amegy Bank National Association 1.800 % $28,800,000.00 29 Whitney Bank 1.800 % $28,800,000.00 30 The Huntington National Bank 1.400 % $22,400,000.00 31 SunTrust Bank 1.400 % $22,400,000.00 TOTAL 100.000 % $1,600,000,000.00

Appears in 1 contract

Samples: Credit Agreement (Vanguard Natural Resources, LLC)

Entirety, Etc. This Amendment, the other Modification Papers and all of the other Loan Documents embody the entire agreement among the parties. THIS AGREEMENTAMENDMENT, THE FORBEARANCE AGREEMENT, THE CREDIT AGREEMENT OTHER MODIFICATION PAPERS AND ALL OF THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES. [The remainder of this page has been This space is left blank intentionallyintentionally blank. Signature pages follow.] A422090515 EXECUTED IN WITNESS WHEREOF, the parties hereto have executed this Amendment to be effective as of the date first set forth aboveEffective Date. BORROWER: XXXXXXXX RESOURCES AMERICA INC. PRIMEENERGY CORPORATION By: /s/ Xxxxx Xxxxxxx X. Xxxxxxx III Xxxxxxxx Name: Xxxxx Xxxxxxx X. Xxxxxxx III Xxxxxxxx Title: CEO Amendment No. 1 to the Forbearance Agreement CFO FIRST AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – Signature Page GUARANTORSS-1 ADMINISTRATIVE AGENT: ALBANY SERVICES L L C AMADEUS PETROLEUM INC. T-N-T ENGINEERINGCOMPASS BANK, INC. as Administrative Agent By: /s/ Xxxxxxxx X. Xxxxx X. Xxxxxxx III Name: Xxxxxxxx X. Xxxxx X. Xxxxxxx III Title: CEO EAGLEFORD GASManaging Director ISSUING BANK: COMPASS BANK, LLC EAGLEFORD GAS 2, LLC EAGLEFORD GAS 3, LLC EAGLEFORD GAS 4, LLC EAGLEFORD GAS 5, LLC EAGLEFORD GAS 6, LLC EAGLEFORD GAS 7, LLC EAGLEFORD GAS 8, LLC EAGLEFORD GAS 10, LLC EAGLEFORD GAS 11, LLC XXXXXXXX OPERATING, LLC XXXXXXXX RESOURCES, INC. POPLAR ENERGY, LLC LA SALLE EAGLE FORD GATHERING LINE LLC XXXXXXXX BR DISPOSAL LLC as Issuing Bank By: /s/ Xxxxxxxx X. Xxxxx X. Xxxxxxx III Name: Xxxxxxxx X. Xxxxx X. Xxxxxxx III Title: CEO Amendment No. 1 to the Forbearance Agreement Signature Page ADMINISTRATIVE AGENTManaging Director EXISTING LENDER: COMPASS BANK, ISSUING BANKas a Lender By: /s/ Xxxxxxxx X. Xxxxx Name: Xxxxxxxx X. Xxxxx Title: Managing Director EXISTING LENDER: CITIBANK, N.A., as a Lender By: /s/ Xxxxx XxXxxxx Name: Xxxxx XxXxxxx Title: Senior Vice President Signature Page LENDER: CITIBANK, N.A. By: /s/ Xxxxx XxXxxxx Name: Xxxxx XxXxxxx Title: Senior Vice President Signature Page LENDER: ABN AMRO CAPITAL USA LLC By: /s/ X. Xxxxx Name: X. Xxxxx Title: By: /s/ X. Xxxx Name: X. Xxxx Title: LENDER: COMERICA BANK Amendment No. 1 to the Forbearance Agreement Signature Page By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: Vice President LENDER: BARCLAYS BANK PLC Amendment No. 1 to the Forbearance Agreement Signature Page By: /s/ Sydney X. Xxxxxx Name: Sydney X. Xxxx Xxxxxx Title: Director SVP EXISTING LENDER: JPMORGAN CHASE XXXXX FARGO BANK, N.A. Amendment No. 1 to the Forbearance Agreement Signature Page By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Authorized Officer Amendment No. 1 to the Forbearance Agreement Signature Page LENDER: TRUIST BANKN.A., as successor by merger to SunTrust Bank a Lender By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Senior Vice President Managing Director FIRST AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – Signature Page S-4 NEW LENDER: FIFTH THIRD BANK, NATIONAL ASSOCIATION By: /s/ Xxxxxxxx X. Xxx Name: Xxxxxxxx X. Xxx Title: Director Amendment No. 1 to the Forbearance Agreement Signature Page LENDER: XXXXXXX XXXXXXX BANK as a Lender By: /s/ Xxxxxx X. Xxxxx Xxxxxxx Name: Xxxxxx X. Xxxxx Xxxxxxx Title: Senior Vice President Amendment No. 1 to the Forbearance Agreement SCHEDULE 1Director

Appears in 1 contract

Samples: Credit Agreement (Primeenergy Corp)

Entirety, Etc. This Amendment and all of the other Loan Documents embody the entire agreement between the parties. THIS AGREEMENTAMENDMENT, THE FORBEARANCE AGREEMENT, THE CREDIT AGREEMENT OTHER MODIFICATION PAPERS AND ALL OF THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES. [The remainder of this page has been This space is left blank intentionallyintentionally blank. Signature pages follow.] A422090515 EXECUTED IN WITNESS WHEREOF, the parties hereto have executed this Amendment to be effective as of the date and year first set forth aboveabove written. BORROWERBORROWER GULFPORT ENERGY CORPORATION By: XXXXXXXX RESOURCES AMERICA INC. /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: VP and CFO THIRD AMENDMENT TO CREDIT AGREEMENT – Signature Page ADMINISTRATIVE AGENT THE BANK OF NOVA SCOTIA, as Administrative Agent By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Director LENDER THE BANK OF NOVA SCOTIA By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Director THIRD AMENDMENT TO CREDIT AGREEMENT – Signature Page LENDER AMEGY BANK NATIONAL ASSOCIATION By: /s/ Xxxxx X. Xxxxxxx Xxxxxxxxx, III Name: Xxxxx X. Xxxxxxx Xxxxxxxxx, III Title: CEO Amendment No. 1 to the Forbearance Agreement Vice President THIRD AMENDMENT TO CREDIT AGREEMENT – Signature Page GUARANTORSLENDER KEYBANK NATIONAL ASSOCIATION By: ALBANY SERVICES L L C AMADEUS PETROLEUM INC. T-N-T ENGINEERING, INC. /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Vice President THIRD AMENDMENT TO CREDIT AGREEMENT – Signature Page LENDER SOCIÉTÉ GÉNÉRALE By: /s/ Xxxxx X. Xxxxxxx III Xxxxxxxxx Name: Xxxxx X. Xxxxxxx III Title: CEO EAGLEFORD GAS, LLC EAGLEFORD GAS 2, LLC EAGLEFORD GAS 3, LLC EAGLEFORD GAS 4, LLC EAGLEFORD GAS 5, LLC EAGLEFORD GAS 6, LLC EAGLEFORD GAS 7, LLC EAGLEFORD GAS 8, LLC EAGLEFORD GAS 10, LLC EAGLEFORD GAS 11, LLC XXXXXXXX OPERATING, LLC XXXXXXXX RESOURCES, INC. POPLAR ENERGY, LLC LA SALLE EAGLE FORD GATHERING LINE LLC XXXXXXXX BR DISPOSAL LLC By: /s/ Xxxxx X. Xxxxxxx III Name: Xxxxx X. Xxxxxxx III Title: CEO Amendment No. 1 to the Forbearance Agreement Signature Page ADMINISTRATIVE AGENT, ISSUING BANK: CITIBANK, N.A., By: /s/ Xxxxx XxXxxxx Name: Xxxxx XxXxxxx Title: Senior Vice President Signature Page LENDER: CITIBANK, N.A. By: /s/ Xxxxx XxXxxxx Name: Xxxxx XxXxxxx Title: Senior Vice President Signature Page LENDER: ABN AMRO CAPITAL USA LLC By: /s/ X. Xxxxx Name: X. Xxxxx Title: By: /s/ X. Xxxx Name: X. Xxxx Title: LENDER: COMERICA BANK Amendment No. 1 to the Forbearance Agreement Signature Page By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: Vice President LENDER: BARCLAYS BANK PLC Amendment No. 1 to the Forbearance Agreement Signature Page By: /s/ Sydney X. Xxxxxx Name: Sydney X. Xxxxxx Xxxxxxxxx Title: Director LENDER: JPMORGAN CHASE BANK, N.A. Amendment No. 1 to the Forbearance Agreement THIRD AMENDMENT TO CREDIT AGREEMENT – Signature Page By: /s/ SCHEDULE 2.01 Commitments and Applicable Percentages Lender Applicable Percentage Commitment1 Maximum Credit Amount2 Amegy Bank National Association 28 % $ 35,000,000 $ 98,000,000 The Bank of Nova Scotia 40 % $ 50,000,000 $ 140,000,000 KeyBank National Association 20 % $ 25,000,000 $ 70,000,000 Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Authorized Officer Amendment NoXxxxxxxx 00 % $ 15,000,000 $ 42,000,000 Total 100.000000000 % $ 125,000,000 $ 350,000,000 1 Based on a Borrowing Base of $125,000,000. 1 to the Forbearance Agreement Signature Page LENDER: TRUIST BANK, as successor by merger to SunTrust Bank By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Senior Vice President Signature Page LENDER: FIFTH THIRD BANK, NATIONAL ASSOCIATION By: /s/ Xxxxxxxx X. Xxx Name: Xxxxxxxx X. Xxx Title: Director Amendment No. 1 to the Forbearance Agreement Signature Page LENDER: XXXXXXX XXXXXXX BANK By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Senior Vice President Amendment No. 1 to the Forbearance Agreement SCHEDULE 12 The numbers in this column are based upon a hypothetical Borrowing Base of $350,000,000.

Appears in 1 contract

Samples: Credit Agreement (Gulfport Energy Corp)

Entirety, Etc. This instrument and all of the other Loan Documents embody the entire agreement between the parties. THIS AGREEMENT, THE FORBEARANCE AGREEMENT, THE CREDIT AGREEMENT AMENDMENT AND ALL OF THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG BETWEEN THE PARTIES. [The remainder of this page has been This space is left blank intentionallyintentionally blank. Signature pages follow.] A422090515 EXECUTED EXHIBIT 10.33 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to be effective as of the date and year first set forth aboveabove written. BORROWER: XXXXXXXX RESOURCES AMERICA INC. By: /s/ Xxxxx X. Xxxxxxx III Name: Xxxxx X. Xxxxxxx III Title: CEO Amendment No. 1 to the Forbearance Agreement Signature Page GUARANTORS: ALBANY SERVICES L L C AMADEUS PETROLEUM INC. T-N-T ENGINEERING, INC. By: /s/ Xxxxx X. Xxxxxxx III Name: Xxxxx X. Xxxxxxx III Title: CEO EAGLEFORD VANGUARD NATURAL GAS, LLC EAGLEFORD GAS 2, LLC EAGLEFORD GAS 3, LLC EAGLEFORD GAS 4, LLC EAGLEFORD GAS 5, LLC EAGLEFORD GAS 6, LLC EAGLEFORD GAS 7, LLC EAGLEFORD GAS 8, LLC EAGLEFORD GAS 10, LLC EAGLEFORD GAS 11, LLC XXXXXXXX OPERATING, LLC XXXXXXXX RESOURCES, INC. POPLAR ENERGY, LLC LA SALLE EAGLE FORD GATHERING LINE LLC XXXXXXXX BR DISPOSAL LLC By: /s/ Xxxxx X. Xxxxxxx III Name: Xxxxx X. Xxxxxx Xxxxxxx III Title: CEO Amendment No. 1 to the Forbearance Agreement Signature Page Xxxxxx Executive Vice President and Chief Financial Officer EXHIBIT 10.33 ADMINISTRATIVE AGENT, ISSUING BANK: CITIBANK, N.A., N.A. as Administrative Agent By: /s/ Xxxxx XxXxxxx Name: Xxxxx XxXxxxx Title: Senior Xxxx Xxxxxx Xxxx Xxxxxx Vice President Signature Page LENDERLENDERS: CITIBANK, N.A. By: /s/ Xxxx Xxxxxx Xxxx Xxxxxx Vice President EXHIBIT 10.33 LENDERS: BNP PARIBAS By: /s/ Xxxxx XxXxxxx X. Xxxxxx Name: Xxxxx XxXxxxx X. Xxxxxx Title: Managing Director By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director EXHIBIT 10.33 LENDERS: THE BANK OF NOVA SCOTIA By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Director EXHIBIT 10.33 LENDERS: COMPASS BANK By: /s/ Xxxxxxxx X. Xxxxx Name: Xxxxxxxx X. Xxxxx Title: Senior Vice President Signature Page LENDEREXHIBIT 10.33 LENDERS: ABN AMRO CAPITAL USA LLC By: /s/ X. Xxxxx Name: X. Xxxxx Title: By: /s/ X. Xxxx Name: X. Xxxx Title: LENDER: COMERICA BANK Amendment No. 1 to the Forbearance Agreement Signature Page By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: Vice President LENDER: BARCLAYS BANK PLC Amendment No. 1 to the Forbearance Agreement Signature Page By: /s/ Sydney X. Xxxxxx Name: Sydney X. Xxxxxx Title: Director LENDER: JPMORGAN CHASE BANK, N.A. Amendment No. 1 to the Forbearance Agreement Signature Page By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Authorized Officer Amendment No. 1 to the Forbearance Agreement Signature Page LENDER: TRUIST BANK, as successor by merger to SunTrust Bank By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Senior Vice President Signature Page LENDER: FIFTH THIRD WACHOVIA BANK, NATIONAL ASSOCIATION By: /s/ Xxxxxxxx X. Xxx Xxxxx Xxxxx Name: Xxxxxxxx X. Xxx Xxxxx Xxxxx Title: Director Amendment No. 1 to the Forbearance Agreement Signature Page LENDER: XXXXXXX XXXXXXX BANK By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Senior Vice President Amendment No. 1 to the Forbearance Agreement SCHEDULE 1EXHIBIT 10.33 ANNEX I LIST OF MAXIMUM CREDIT AMOUNTS Aggregate Maximum Credit Amounts Name of Lender Applicable Percentage Maximum Credit Amount BNP Paribas 31.57142857 % $ 126,285,714.29 The Bank of Nova Scotia 12.00000000 % $ 51,142,857.14 Citibank, N.A. 31.00000000 % $ 126,285,714.29 Compass Bank 12.00000000 % $ 51,142,857.14 Wachovia Bank, National Association 11.28571429 % $ 45,142,857.14 TOTAL 100.00000000 % $ 400,000,000.00 ANNEX I – Solo Page

Appears in 1 contract

Samples: Credit Agreement (Vanguard Natural Resources, LLC)

Entirety, Etc. This Amendment and all of the other Loan Documents embody the entire agreement between the parties. THIS AGREEMENT, THE FORBEARANCE AGREEMENT, THE CREDIT AGREEMENT AMENDMENT AND ALL OF THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES. [The remainder of this page has been This space is left blank intentionallyintentionally blank. Signature pages follow.] A422090515 EXECUTED The parties hereto have caused this Agreement to be effective duly executed as of the date day and year first set forth aboveabove written. BORROWER: XXXXXXXX RESOURCES AMERICA INC. By: /s/ Xxxxx X. Xxxxxxx III Name: Xxxxx X. Xxxxxxx III Title: CEO Amendment No. 1 to the Forbearance Agreement Signature Page GUARANTORS: ALBANY SERVICES L L C AMADEUS PETROLEUM INC. T-N-T ENGINEERING, INC. By: /s/ Xxxxx X. Xxxxxxx III Name: Xxxxx X. Xxxxxxx III Title: CEO EAGLEFORD VANGUARD NATURAL GAS, LLC EAGLEFORD GAS 2, LLC EAGLEFORD GAS 3, LLC EAGLEFORD GAS 4, LLC EAGLEFORD GAS 5, LLC EAGLEFORD GAS 6, LLC EAGLEFORD GAS 7, LLC EAGLEFORD GAS 8, LLC EAGLEFORD GAS 10, LLC EAGLEFORD GAS 11, LLC XXXXXXXX OPERATING, LLC XXXXXXXX RESOURCES, INC. POPLAR ENERGY, LLC LA SALLE EAGLE FORD GATHERING LINE LLC XXXXXXXX BR DISPOSAL LLC By: /s/ Xxxxx X. Xxxxxxx III Name: Xxxxx X. Xxxxxx Xxxxxxx III Title: CEO Amendment No. 1 to the Forbearance Agreement Signature Page Xxxxxx Executive Vice President and Chief Financial Officer ADMINISTRATIVE AGENT, ISSUING BANK: CITIBANK, N.A., N.A. as Administrative Agent By: /s/ Xxxxx XxXxxxx Name: Xxxxx XxXxxxx Title: Senior Xxxx Xxxxxxx Xxxx Xxxxxxx Vice President Signature Page LENDERLENDERS: CITIBANK, N.A. By: /s/ Xxxxx XxXxxxx Name: Xxxxx XxXxxxx Title: Senior Xxxx Xxxxxxx Xxxx Xxxxxxx Vice President Signature Page LENDERLENDERS: ABN AMRO CAPITAL USA LLC XXXXX FARGO BANK, N.A. By: /s/ X. Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Director LENDERS: CREDIT AGRICOLE CORPORATE & INVESTMENT BANK By: /s/ Xxx Byargean Name: Xxx Byargean Title: Managing Director By: /s/ Xxxxxxx Xxxxx Name: X. Xxxxxxx Xxxxx Title: ByManaging Director LENDERS: /s/ X. Xxxx Name: X. Xxxx Title: LENDER: COMERICA ROYAL BANK Amendment No. 1 to the Forbearance Agreement Signature Page By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: Vice President LENDER: BARCLAYS BANK PLC Amendment No. 1 to the Forbearance Agreement Signature Page By: /s/ Sydney X. Xxxxxx Name: Sydney X. Xxxxxx Title: Director LENDER: JPMORGAN CHASE BANK, N.A. Amendment No. 1 to the Forbearance Agreement Signature Page OF CANADA By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Authorized Officer Amendment No. 1 to the Forbearance Agreement Signature Page LENDERSignatory LENDERS: TRUIST THE BANK OF NOVA SCOTIA By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Managing Director LENDERS: BARCLAYS BANK PLC By: /s/ Xxxxxxx X. Xxxxxxxxxx Name: Xxxxxxx X. Xxxxxxxxxx Title: Vice President LENDERS: BANK OF MONTREAL By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Director LENDERS: THE ROYAL BANK OF SCOTLAND plc By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Authorized Signatory LENDERS: UBS LOAN FINANCE LLC By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: Associate Director By: /s/ Irga R. Otsa Name: Xxxx X. Xxxx Title: Associate Director LENDERS: JPMORGAN CHASE BANK, as successor by merger to SunTrust Bank N.A. By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Authorized Officer LENDERS: DEUTSCHE BANK TRUST COMPANY AMERICAS By: /s/ Xxxxxxxx X. Xxxxxx Name: Xxxxxxxx X. Xxxxxx Title: Vice President By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Vice President LENDERS: BANK OF AMERICA, N.A. By: /s/ Xxxxxxx X. Xxxxxxxx Name: Xxxxxxx X. Xxxxxxxx Title: Managing Director LENDERS: COMERICA BANK By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Vice President LENDERS: BANK OF SCOTLAND PLC, NEW YORK BRANCH By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Vice President LENDERS: NATIXIS By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Senior Managing Director By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Director LENDERS: U.S. BANK NATIONAL ASSOCIATION By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Senior Vice President Signature Page LENDERLENDERS: FIFTH THIRD ASSOCIATED BANK, N.A. By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Vice President LENDERS: BRANCH BANKING AND TRUST COMPANY By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President LENDERS: CAPITAL ONE, NATIONAL ASSOCIATION By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Vice President LENDERS: CIBC INC. By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Authorized Signatory By: /s/ Xxxxxxxx X. Xxx Name: Xxxxxxxx X. Xxx Title: Director Amendment No. 1 to the Forbearance Agreement Signature Page LENDERAuthorized Signatory LENDERS: XXXXXXX XXXXXXX BANK SUMITOMO MITSUI BANKING CORPORATION By: /s/ Xxxxxx X. Xxxxx Xxxx Name: Xxxxxx X. Xxxxx Xxxx Title: Senior Vice President Managing Director ANNEX I List of Maximum Credit Amounts as of Effective Date of Second Amendment No. 1 to the Forbearance Agreement SCHEDULE 1Name of Lender Applicable Percentage Commitment Maximum Credit Amount Citibank, N.A. 6.00000000% 60,000,000.00 92,307,692.31 Xxxxx Fargo Bank, National Association 8.89008427% 86,678,321.68 133,351,264.12 Credit Agricole Corporate and Investment Bank 5.00000000% 55,000,000.00 84,615,384.62 Royal Bank of Canada 5.00000000% 55,000,000.00 84,615,384.62 The Bank of Nova Scotia 5.00000000% 55,000,000.00 84,615,384.62 Barclays Bank PLC 5.00000000% 55,000,000.00 84,615,384.62 Bank of Montreal 5.00000000% 55,000,000.00 84,615,384.62 The Royal Bank of Scotland plc 5.00000000% 55,000,000.00 84,615,384.62 UBS Loan Finance LLC 5.64102564% 55,000,000.00 84,615,384.62 JPMorgan Chase Bank, N.A. 5.00000000% 55,000,000.00 84,615,384.62 Deutsche Bank Trust Company Americas 5.64102564% 55,000,000.00 84,615,384.62 Bank of America, N.A. 4.00000000% 40,000,000.00 61,538,461.54 Comerica Bank 4.00000000% 40,000,000.00 61,538,461.54 Bank of Scotland plc, New York Branch 4.10256410% 40,000,000.00 61,538,461.54 Natixis 4.10256410% 40,000,000.00 61,538,461.54 U.S. Bank National Association 4.10256410% 40,000,000.00 61,538,461.54 Associated Bank, N.A. 2.00000000% 26,664,335.66 41,022,054.87 Branch Banking and Trust Company 2.73480366% 26,664,335.66 41,022,054.87 Capital One, N.A. 2.73480366% 26,664,335.66 41,022,054.87 CIBC Inc. 2.73480366% 26,664,335.66 41,022,054.87 Sumitomo Mitsui Banking Corporation 2.00000000% 26,664,335.66 41,022,054.87

Appears in 1 contract

Samples: Credit Agreement (Vanguard Natural Resources, LLC)

Entirety, Etc. This Amendment and all of the other Loan Documents embody the entire agreement between the parties. THIS AGREEMENT, THE FORBEARANCE AGREEMENT, THE CREDIT AGREEMENT AMENDMENT AND ALL OF THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES. [The remainder of this page has been This space is left blank intentionallyintentionally blank. Signature pages follow.] A422090515 EXECUTED The parties hereto have caused this Agreement to be effective duly executed as of the date day and year first set forth aboveabove written. BORROWER: XXXXXXXX RESOURCES AMERICA INC. VANGUARD NATURAL GAS, LLC By: /s/ Xxxxxxx X. Xxxxxx Xxxxxxx A. Xxxxxx Executive Vice President and Chief Financial Officer SIXTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-1 ADMINISTRATIVE AGENT: CITIBANK, N.A. as Administrative Agent By: /s/ Xxxxx X. Xxxxxxx III Name: Xxxxxx Xxxxx X. Xxxxxxx III Title: CEO Amendment No. 1 to the Forbearance Agreement Signature Page GUARANTORS: ALBANY SERVICES L L C AMADEUS PETROLEUM INC. T-N-T ENGINEERING, INC. By: /s/ Xxxxx X. Xxxxxxx III Name: Xxxxx X. Xxxxxxx III Title: CEO EAGLEFORD GAS, LLC EAGLEFORD GAS 2, LLC EAGLEFORD GAS 3, LLC EAGLEFORD GAS 4, LLC EAGLEFORD GAS 5, LLC EAGLEFORD GAS 6, LLC EAGLEFORD GAS 7, LLC EAGLEFORD GAS 8, LLC EAGLEFORD GAS 10, LLC EAGLEFORD GAS 11, LLC XXXXXXXX OPERATING, LLC XXXXXXXX RESOURCES, INC. POPLAR ENERGY, LLC LA SALLE EAGLE FORD GATHERING LINE LLC XXXXXXXX BR DISPOSAL LLC By: /s/ Xxxxx X. Xxxxxxx III Name: Xxxxx X. Xxxxxxx III Title: CEO Amendment No. 1 to the Forbearance Agreement Signature Page ADMINISTRATIVE AGENT, ISSUING BANK: CITIBANK, N.A., By: /s/ Xxxxx XxXxxxx Name: Xxxxx XxXxxxx Title: Senior Xxxxxx Vice President Signature Page LENDERLENDERS: CITIBANK, N.A. By: /s/ Xxxxx XxXxxxx Name: Xxxxxx Xxxxx XxXxxxx Title: Senior Xxxxxx Vice President Signature Page LENDERSIXTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-2 LENDERS: ABN AMRO CAPITAL USA LLC XXXXX FARGO BANK, N.A. By: /s/ X. Xxxxx Xxxxxxx Xxxx Name: X. Xxxxx Xxxxxxx Xxxx Title: Director SIXTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-3 LENDERS: CREDIT AGRICOLE CORPORATE & INVESTMENT BANK By: /s/ X. Xxxx Page Dillehunt Name: X. Xxxx Page Dillehunt Title: LENDER: COMERICA BANK Amendment No. 1 to the Forbearance Agreement Signature Page By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: Vice President LENDER: BARCLAYS BANK PLC Amendment No. 1 to the Forbearance Agreement Signature Page By: /s/ Sydney X. Xxxxxx Name: Sydney X. Xxxxxx Title: Managing Director LENDER: JPMORGAN CHASE BANK, N.A. Amendment No. 1 to the Forbearance Agreement Signature Page By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Managing Director SIXTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-4 LENDERS: ROYAL BANK OF CANADA By: /s/ Xxx X. Xxxxxxx Name: Xxx X. Xxxxxxx Title: Authorized Officer Amendment No. 1 to the Forbearance Agreement Signature Page LENDERSignatory SIXTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-5 LENDERS: TRUIST BANK, as successor by merger to SunTrust Bank THE BANK OF NOVA SCOTIA By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Director SIXTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-6 LENDERS: BARCLAYS BANK PLC By: /s/ Xxxxxxx X. Xxxxxxx Xxxxxxxxxx Name: Xxxxxxx X. Xxxxxxx Xxxxxxxxxx Title: Senior Vice President Signature Page LENDERSIXTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-7 LENDERS: FIFTH THIRD BANK, NATIONAL ASSOCIATION By: /s/ Xxxxxxxx X. Xxx Name: Xxxxxxxx X. Xxx Title: Director Amendment No. 1 to the Forbearance Agreement Signature Page LENDER: XXXXXXX XXXXXXX BANK OF MONTREAL By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Managing Director SIXTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-8 LENDERS: THE ROYAL BANK OF SCOTLAND plc By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Director SIXTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-9 LENDERS: UBS AG, STAMFORD BRANCH By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Director By: /s/ Xxxxxxxx Xxxxxxxx Name: Xxxxxxxx Xxxxxxxx Title: Associate Director SIXTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-10 LENDERS: JPMORGAN CHASE BANK, N.A. By: /s/ Xxxx Xxxx Name: Xxxx Xxxx Title: Authorized Officer SIXTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-11 LENDERS: BANK OF AMERICA, N.A. By: /s/ Xxxxxxx Xxxxxxxxx Name: Xxxxxxx Xxxxxxxxx Title: Vice President SIXTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-12 LENDERS: U.S. BANK NATIONAL ASSOCIATION By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Senior Vice President SIXTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-13 LENDERS: COMERICA BANK By: /s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: Senior Vice President SIXTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-14 LENDERS: FIFTH THIRD BANK By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President SIXTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-15 LENDERS: NATIXIS, NEW YORK BRANCH By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Director By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Managing Director SIXTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-16 LENDERS: XXXXXX XXXXXXX BANK, N.A. By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Authorized Signatory SIXTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-17 LENDERS: ASSOCIATED BANK, N.A. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Assistant Vice President SIXTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-18 LENDERS: CAPITAL ONE, NATIONAL ASSOCIATION By: /s/ Xxxxx Xxx Name: Xxxxx Xxx Title: Senior Vice President SIXTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-19 LENDERS: CANADIAN IMPERIAL BANK OF COMMERCE, NEW YORK BRANCH. By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Managing Director By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Executive Director SIXTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-20 LENDERS: SUMITOMO MITSUI BANKING CORPORATION By: /s/ Xxxxxxxxx Xxxx Name: Xxxxxxxxx Xxxx Title: Executive Director SIXTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-21 LENDERS: WHITNEY BANK By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Senior Vice President SIXTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-22 LENDERS: AMEGY BANK NATIONAL ASSOCIATION By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Vice President SIXTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-23 LENDERS: BRANCH BANKING AND TRUST COMPANY By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President SIXTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-24 LENDERS: CREDIT SUISSE AG By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Authorized Signatory By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Authorized Signatory SIXTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-25 LENDERS: PNC BANK NATIONAL ASSOCIATION By: /s/ Xxxxxxxx Xxxxxxxxx Name: Xxxxxxxx Xxxxxxxxx Title: Assistant Vice President SIXTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-26 LENDERS: ABN AMRO CAPITAL USA LLC By: /s/ Xxxxxxxxx Xxxxxxx Name: Xxxxxxxxx Xxxxxxx Title: Director By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Managing Director SIXTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-27 LENDERS: COMMONWEALTH BANK OF AUSTRALIA By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Senior Associate SIXTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-28 LENDERS: THE HUNTINGTON NATIONAL BANK By: /s/ Xxxxxxxxxxx Xxxxx Name: Xxxxxxxxxxx Xxxxx Title: Vice President SIXTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-29 LENDERS: ING CAPITAL LLC By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Director By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Managing Director SIXTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-30 LENDERS: SUNTRUST BANK By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director SIXTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-31 LENDERS: DEUTSCHE BANK AG NEW YORK BRANCH By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Vice President By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President SIXTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-32 EXITING LENDER: DEUTSCHE BANK TRUST COMPANY AMERICAS By: s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Vice President By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President SIXTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-33 ANNEX I List of Commitments and Applicable Percentages as of Effective Date of Sixth Amendment No. Name of Lender Applicable Percentage Commitment 1 to the Forbearance Agreement SCHEDULE 1Citibank, N.A. 4.393% $67,000,000.00

Appears in 1 contract

Samples: Credit Agreement (Vanguard Natural Resources, LLC)

Entirety, Etc. This Amendment and all of the other Loan Documents embody the entire agreement between the parties. THIS AGREEMENT, THE FORBEARANCE AGREEMENT, THE CREDIT AGREEMENT AMENDMENT AND ALL OF THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES. [The remainder of this page has been This space is left blank intentionallyintentionally blank. Signature pages follow.] A422090515 EXECUTED The parties hereto have caused this Agreement to be effective duly executed as of the date day and year first set forth aboveabove written. BORROWER: XXXXXXXX RESOURCES AMERICA INC. By: /s/ Xxxxx X. Xxxxxxx III Name: Xxxxx X. Xxxxxxx III Title: CEO Amendment No. 1 to the Forbearance Agreement Signature Page GUARANTORS: ALBANY SERVICES L L C AMADEUS PETROLEUM INC. T-N-T ENGINEERING, INC. By: /s/ Xxxxx X. Xxxxxxx III Name: Xxxxx X. Xxxxxxx III Title: CEO EAGLEFORD VANGUARD NATURAL GAS, LLC EAGLEFORD GAS 2, LLC EAGLEFORD GAS 3, LLC EAGLEFORD GAS 4, LLC EAGLEFORD GAS 5, LLC EAGLEFORD GAS 6, LLC EAGLEFORD GAS 7, LLC EAGLEFORD GAS 8, LLC EAGLEFORD GAS 10, LLC EAGLEFORD GAS 11, LLC XXXXXXXX OPERATING, LLC XXXXXXXX RESOURCES, INC. POPLAR ENERGY, LLC LA SALLE EAGLE FORD GATHERING LINE LLC XXXXXXXX BR DISPOSAL LLC By: /s/ Xxxxx Xxxxxxx X. Xxxxxx Xxxxxxx III Name: Xxxxx X. Xxxxxxx III Title: CEO Amendment No. 1 to the Forbearance Agreement Signature Page A. Xxxxxx Executive Vice President and Chief Financial Officer EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-1 ADMINISTRATIVE AGENT, ISSUING BANK: CITIBANK, N.A., N.A. as Administrative Agent By: /s/ Xxxxx XxXxxxx Name: Xxxxx XxXxxxx Title: Senior Xxxx Xxx Xxxx Xxx Vice President Signature Page LENDERLENDERS: CITIBANK, N.A. By: /s/ Xxxxx XxXxxxx Name: Xxxxx XxXxxxx Title: Senior Xxxx Xxx Xxxx Xxx Vice President Signature Page LENDER: ABN AMRO CAPITAL USA LLC EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-2 By: /s/ X. Xxxxx Xxxx Xxxxxx Name: X. Xxxxx Title: By: /s/ X. Xxxx Name: X. Xxxx Title: LENDER: COMERICA BANK Amendment No. 1 to the Forbearance Agreement Signature Page By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Xxxxxx Title: Vice President LENDER: BARCLAYS BANK PLC Amendment No. 1 to the Forbearance Agreement Signature Page EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-3 By: /s/ Sydney X. Xxxxxx Xxxxxxxxx Xxxxxxx Name: Sydney X. Xxxxxx Xxxxxxxxx Xxxxxxx Title: Director LENDER: JPMORGAN CHASE BANK, N.A. Amendment No. 1 to the Forbearance Agreement Signature Page By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Managing Director EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-4 By: /s/ Xxxxxxx Xxxxxxxxx Name: Xxxxxxx Xxxxxxxxx Title: Vice President EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-5 By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Director EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-6 By: /s/ Xxxxxxxxxx Xxxxxx Name: Xxxxxxxxxx Xxxxxx Title: Vice President EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-7 By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Officer Amendment No. 1 to the Forbearance Agreement Signature Page LENDER: TRUIST BANK, as successor by merger to SunTrust Bank Signatory By: /s/ Xxxxxxx X. Xxxx Name: Xxxxxxx X. Xxxx Title: Authorized Signatory EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-8 INVESTMENT BANK By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Managing Director By: /s/ Xxxxxxx Xxxxxxxxx Name: Xxxxxxx Xxxxxxxxx Title: Director EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-9 By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Authorized Signatory By: /s/ Xxxxx Xxxxxxxxxx Name: Xxxxx Xxxxxxxxxx Title: Authorized Signatory EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-10 By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-11 By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Director EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-12 By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Managing Director By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Director EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-13 By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Authorized Officer EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-14 By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Managing Director By: /s/ Xxxxxx Xxxx Name: Xxxxxx Xxxx Title: Vice President EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-15 By: /s/ Xxx Xxxxxxxx Name: Xxx Xxxxxxxx Title: Managing Director EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-16 By: /s/ Xxxx Xxxxxxx, Xx. Name: Xxxx Xxxxxxx, Xx. Title: Authorized Signatory EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-17 CORPORATION By: /s/ Xxxxx X. Xxxxxxx Xxxxxxxxx Name: Xxxxx X. Xxxxxxxxx Title: Managing Director EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-18 By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Director EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-19 By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Senior Vice President Signature Page LENDER: FIFTH EIGHTH AMENDMENT TO THIRD BANK, NATIONAL ASSOCIATION AMENDED AND RESTATED CREDIT AGREEMENT – S-20 By: /s/ Xxxxxxxx Xxxx X. Xxx Xxxxxx Name: Xxxxxxxx Xxxx X. Xxx Xxxxxx Title: Director Amendment No. 1 to the Forbearance Agreement Signature Page LENDER: XXXXXXX XXXXXXX BANK Vice President EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-21 By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx Xxxxxx Title: Associate Director By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Associate Director By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-23 By: /s/ Xxxxx Xxx Name: Xxxxx Xxx Title: Senior Vice President EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-24 By: /s/ Xxxxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxxxx Title: Senior Vice President EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-25 By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Director EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-26 By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Authorized Signatory EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-27 By: /s/ Xxxxxx Xxxxx Name: Xxxxxx X. Xxxxx Title: Senior Vice President EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-28 By: Name: Title: EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-29 By: /s/ Liana Tchernysheva Name: Liana Tchernysheva Title: Senior Vice President EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-30 By: /s/ Xxxxxxxxxxx Xxxxx Name: Xxxxxxxxxxx Xxxxx Title: Vice President EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT – S-31 By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Vice President ANNEX I List of Commitments and Applicable Percentages as of Effective Date of Eighth Amendment No. to Third Amended and Restated Credit Agreement Name of Lender Applicable Percentage Commitment 1 to the Forbearance Agreement SCHEDULE 1Citibank, N.A. 3.900% $62,400,000.00 2 Xxxxx Fargo Bank, N.A. 4.450% $71,200,000.00 3 ABN AMRO Capital USA LLC 3.650% $58,400,000.00 4 Bank of America, N.A. 3.650% $58,400,000.00 5 Bank of Montreal 3.650% $58,400,000.00 6 Barclays Bank PLC 3.650% $58,400,000.00 7 Canadian Imperial Bank of Commerce, New York Branch 3.650% $58,400,000.00 8 Credit Agricole Corporate & Investment Bank 3.650% $58,400,000.00 9 Credit Suisse AG 3.650% $58,400,000.00 10 Deutsche Bank AG New York Branch 3.650% $58,400,000.00 11 Fifth Third Bank 3.650% $58,400,000.00 12 ING Capital LLC 3.650% $58,400,000.00 13 JPMorgan Chase Bank, N.A. 3.650% $58,400,000.00 14 Natixis, New York Branch 3.650% $58,400,000.00 15 PNC Bank National Association 3.650% $58,400,000.00 00 Xxxxx Xxxx xx Xxxxxx 3.650% $58,400,000.00 17 Sumitomo Mitsui Banking Corporation 3.650% $58,400,000.00 00 Xxx Xxxx xx Xxxx Xxxxxx 3.650% $58,400,000.00 19 Citizens Bank, N.A. 3.650% $58,400,000.00 20 U.S. Bank National Association 3.650% $58,400,000.00 21 UBS AG, Stamford Branch 3.650% $58,400,000.00 22 Branch Banking and Trust Company 2.750% $44,000,000.00 23 Capital One, National Association 2.750% $44,000,000.00 24 Comerica Bank 2.750% $44,000,000.00 00 Xxxxxxxxxxxx Xxxx xx Xxxxxxxxx 2.750% $44,000,000.00 26 Xxxxxx Xxxxxxx Bank, N.A. 2.750% $44,000,000.00 27 Associated Bank, N.A. 2.150% $34,400,000.00 28 Amegy Bank National Association 1.800% $28,800,000.00 29 Whitney Bank 1.800% $28,800,000.00 30 The Huntington National Bank 1.400% $22,400,000.00 31 SunTrust Bank 1.400% $22,400,000.00 TOTAL 100.000% $1,600,000,000.00

Appears in 1 contract

Samples: Credit Agreement

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