OTHER COVENANTS AND MISCELLANEOUS TERMS. 1. Except as expressly amended and supplemented hereby, the Agreement shall remain unchanged and in full force and effect, and the same is hereby ratified and extended. 2. The obligations of Borrowers to Banks, including but not limited to the indebtedness evidences by the Note executed in conjunction with the Agreement, shall continue to be secured by the Collateral, without interruption or impairment of any kind. 3. The Borrowers hereby agree to pay all reasonable attorney fees and legal expenses incurred by Agent in preparation, execution and implementation of this Amendment and any mortgages, deeds of trust, security agreements, pledge agreements or any amendments thereto. 4. This Amendment shall be construed in accordance with and governed by the laws of the State of Oklahoma, and shall be binding on and inure to the benefit of the Borrowers and Banks, and their respective successors and assigns. All obligations of the Borrowers under the Agreement and all rights of Banks and any other holder of the Notes, whether expressed herein or in any Note, shall be in addition to and not in limitation of those provided by applicable law. Borrowers irrevocably agree that, subject to Banks' sole election, all suits or proceedings arising from or related to the Agreement, as amended, or the Notes may be litigated in courts (whether State or Federal) sitting in Oklahoma City, Oklahoma, and the Borrower hereby irrevocably waives any objection to such jurisdiction and venue. 5. This Amendment may be executed in as many counterparts as are deemed necessary or convenient, and it shall not be necessary for the signature of more than any one party to appear on any single counterpart. Each counterpart shall be deemed an original, but all shall be construed together as one and the same instrument. The failure of any party to sign shall not affect or limit the liability of any party executing any such counterpart. BORROWER: CONTINENTAL RESOURCES, INC., an Oklahoma corporation XXXXXX XXXX By: Xxxxxx Xxxx Title: President CONTINENTAL GAS, INC., an Oklahoma corporation XXXXX XXXXXX By: Xxxxx Xxxxxx Title: President BANKS: MIDFIRST BANK
Appears in 1 contract
OTHER COVENANTS AND MISCELLANEOUS TERMS. 1. This provision shall serve as notice pursuant to Section 4(b) of the Agreement that from the date hereof through the next redetermination pursuant to said Section 4(b), the Borrowing Base shall be $35,000,000.00.
2. Except as expressly amended and supplemented hereby, the Agreement shall remain unchanged and in full force and effect, and the same is hereby ratified and extended.
2. The obligations of Borrowers to Banks, including but not limited to the indebtedness evidences by the Note executed in conjunction with the Agreement, shall continue to be secured by the Collateral, without interruption or impairment of any kind.
3. The Borrowers Borrower hereby agree agrees to pay all reasonable attorney fees and legal expenses incurred by Agent Bank in preparation, execution and implementation of this Amendment and any mortgages, deeds of trust, security agreements, pledge agreements or any amendments theretoother Loan Documents executed in connection therewith.
4. This Amendment shall be construed in accordance with and governed by the laws of the State of Oklahoma, and shall be binding on and inure to the benefit of the Borrowers Borrower and BanksBank, and their respective successors and assigns. All obligations of the Borrowers Borrower under the Agreement and all rights of Banks Bank and any other holder of the Notes, whether expressed herein or in any Note, shall be in addition to and not in limitation of those provided by applicable law. Borrowers Borrower irrevocably agree agrees that, subject to Banks' Bank’s sole election, all suits or proceedings arising from or related to the Agreement, as amended, or the Notes Note may be litigated in courts (whether State or Federal) sitting in Oklahoma City, Oklahoma, and the Borrower hereby irrevocably waives any objection to such jurisdiction and venue.
5. This Amendment may be executed in as many counterparts as are deemed necessary or convenient, and it shall not be necessary for the signature of more than any one party to appear on any single counterpart. Each counterpart shall be deemed an original, but all shall be construed together as one and the same instrument. The failure of any party to sign shall not affect or limit the liability of any party executing any such counterpart. BORROWER: CONTINENTAL RESOURCES, INC., an Oklahoma corporation XXXXXX XXXX By: Xxxxxx Xxxx Title: President CONTINENTAL GAS, INC., an Oklahoma corporation XXXXX XXXXXX By: Xxxxx Xxxxxx Title: President BANKS: MIDFIRST BANK
Appears in 1 contract
OTHER COVENANTS AND MISCELLANEOUS TERMS. 1. Borrowers hereby agree to provide such additional mortgages and title work pertaining to the Oil and Gas Properties to Bank's satisfaction within thirty (30) days of any such request by Bank.
2. Except as expressly amended and supplemented hereby, the Agreement shall remain unchanged and in full force and effect, and the same is hereby ratified and extended.
28. The obligations of Borrowers to Banksdescribed in the Agreement, as amended hereby, including but not limited to the indebtedness evidences evidenced by the Note executed in conjunction with the Agreement, shall continue to be secured by the Collateral, without interruption or impairment of any kind.
39. Borrowers agree to execute such additional mortgages, deeds of trust and/or amendments to such documents already in place as Bank deems necessary to adequately secure the loan at any time and from time to time hereafter.
10. The Borrowers hereby agree to pay all reasonable attorney fees and legal expenses incurred by Agent Bank in preparation, execution and implementation of this Amendment and any mortgages, guaranty agreements, subordination agreements, deeds of trust, security agreements, pledge agreements or any amendments thereto.
411. This Amendment shall be construed in accordance with and governed by the laws of the State of Oklahoma, and shall be binding on and inure to the benefit of the Borrowers Borrower and BanksBank, and their respective successors and assigns. All obligations of the Borrowers under the Agreement and all rights of Banks Bank and any other holder of the NotesNote, whether expressed herein or in any Note, shall be in addition to and not in limitation of those provided by applicable law. Borrowers irrevocably agree that, subject to Banks' Bank's sole election, all suits or proceedings arising from or related to the Agreement, as amended, or the Notes Note may be litigated in courts (whether State or Federal) sitting in Oklahoma City, Oklahoma, and the Borrower Borrowers hereby irrevocably waives any objection to such jurisdiction and venue.
512. This Amendment may be executed in as many counterparts as are deemed necessary or convenient, and it shall not be necessary for the signature of more than any one party to appear on any single counterpart. Each counterpart shall be deemed an original, but all shall be construed together as one and the same instrument. The failure of any party to sign shall not affect or limit the liability of any party executing any such counterpart. BORROWER: CONTINENTAL RESOURCES, INC., an Oklahoma corporation XXXXXX XXXX By: Xxxxxx Xxxx Title: President CONTINENTAL GAS, INC., an Oklahoma corporation XXXXX XXXXXX By: Xxxxx Xxxxxx Title: President BANKS: MIDFIRST BANK
Appears in 1 contract
Samples: Credit Agreement (GMX Resources Inc)
OTHER COVENANTS AND MISCELLANEOUS TERMS. 1. Except as expressly amended and supplemented hereby, the Credit Agreement shall remain unchanged and in full force and effect, and the same is hereby ratified and extended.
2. The Borrower is hereby notified that the Borrowing Base as of November 1, 2001 shall be $45,000,000.00 and shall remain at such amount until redetermined pursuant to the terms of the Credit Agreement and the Monthly Commitment Reduction shall be $0.00.
3. The obligations of Borrowers to Banksdescribed in the Credit Agreement, as amended hereby, including but not limited to the indebtedness evidences evidenced by the Note Notes executed in conjunction with the Credit Agreement, shall continue to be secured by the Collateralassets of the Borrower described in the Security Instruments, without interruption or impairment of any kind.
34. The Borrowers Borrower hereby agree agrees to pay all reasonable attorney fees and legal expenses incurred by the Agent and the Arranger in preparation, execution and implementation of this Amendment and any mortgages, deeds of trust, security agreements, pledge agreements or any amendments theretoAmendment.
45. This Amendment shall be construed in accordance with and governed by the laws of the State of Oklahoma, and shall be binding on and inure to the benefit of the Borrowers Borrower and the Banks, and their respective successors and assigns. All obligations of the Borrowers Borrower under the Credit Agreement and all rights of the Banks and any other holder of the Notes, whether expressed herein or in any Notethe Notes, shall be in addition to and not in limitation of those provided by applicable law. Borrowers The Borrower irrevocably agree agrees that, subject to the Banks' sole election, all suits or proceedings arising from or related to the Credit Agreement, as amended, or the Notes may be litigated in courts (whether State or Federal) sitting in Oklahoma City, Oklahoma, and the Borrower hereby irrevocably waives any objection to such jurisdiction and venue.
56. This Amendment may be executed in as many counterparts as are deemed necessary or convenient, and it shall not be necessary for the signature of more than any one party to appear on any single counterpart. Each counterpart shall be deemed an original, but all shall be construed together as one and the same instrument. The failure THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK. So executed effective as of any party to sign shall not affect or limit the liability of any party executing any such counterpart. BORROWER: CONTINENTAL RESOURCES, INCdate first hereinabove written., an Oklahoma corporation XXXXXX XXXX By: Xxxxxx Xxxx Title: President CONTINENTAL GAS, INC., an Oklahoma corporation XXXXX XXXXXX By: Xxxxx Xxxxxx Title: President BANKS: MIDFIRST BANK
Appears in 1 contract
OTHER COVENANTS AND MISCELLANEOUS TERMS. 1. Except as expressly amended and supplemented hereby, the Agreement shall remain unchanged and in full force and effect, and the same is hereby ratified and extended.
2. The obligations of Borrowers to BanksObligations, including but not limited to the indebtedness evidences evidenced by the Note executed in conjunction with the Agreement, shall continue to be secured by the Collateral, without interruption or impairment of any kind.
3. The Borrowers hereby agree agrees to pay all reasonable attorney fees and legal expenses incurred by Agent Lender in preparation, execution and implementation of this Amendment Amendment, the Replacement Note, and any mortgages, deeds of trust, security agreements, pledge agreements or any amendments thereto.
4. This Amendment shall be construed in accordance with and governed by the laws of the State of Oklahoma, and shall be binding on and inure to the benefit of the Borrowers Borrower and BanksLender, and their respective successors and assigns. All obligations of the Borrowers Borrower under the Agreement and all rights of Banks Lender and any other holder of the Notes, whether expressed herein or in any Note, shall be in addition to and not in limitation of those provided by applicable law. Borrowers Borrower irrevocably agree agrees that, subject to Banks' Lender's sole election, all suits or proceedings arising from or related to the Agreement, as amended, or the Notes may be litigated in courts (whether State or Federal) sitting in Oklahoma City, Oklahoma, and the Borrower hereby irrevocably waives any objection to such jurisdiction and venue.
5. This Amendment may be executed in as many counterparts as are deemed necessary or convenient, and it shall not be necessary for the signature of more than any one party to appear on any single counterpart. Each counterpart shall be deemed an original, but all shall be construed together as one and the same instrument. The failure of any party to sign shall not affect or limit the liability of any party executing any such counterpart. BORROWER: CONTINENTAL RESOURCES, INC., an Oklahoma corporation XXXXXX XXXX By: Xxxxxx Xxxx Title: President CONTINENTAL GAS, INC., an Oklahoma corporation XXXXX XXXXXX By: Xxxxx Xxxxxx Title: President BANKS: MIDFIRST BANK
Appears in 1 contract
OTHER COVENANTS AND MISCELLANEOUS TERMS. 1. Except as expressly amended and supplemented hereby, the Agreement shall remain unchanged and in full force and effect, and the same is hereby ratified and extended.
2. The obligations of Borrowers to Banks, including but not limited to the indebtedness evidences by the Note executed in conjunction with the Agreement, shall continue to be secured by the Collateral, without interruption or impairment of any kind.
3. The Borrowers Borrower hereby agree agrees to pay all reasonable attorney fees and legal expenses incurred by Agent Bank in preparation, execution and implementation of this Amendment and the Amended Note.
3. The Borrower hereby agrees to cure any mortgagesdefects in the execution and delivery of any of the Loan Documents and all agreements contemplated thereby, deeds executed, acknowledged and deliver such other assurances, documents, and instruments as shall, in the good faith and reasonable opinion of trustBank, security agreements, pledge agreements or any amendments theretois necessary to fulfill the terms of this amendment.
4. This Amendment shall be construed in accordance with and governed by the laws of the State of Oklahoma, and shall be binding on and inure to the benefit of the Borrowers Borrower and BanksBank, and their respective successors and assigns. All obligations of the Borrowers Borrower under the Agreement and all rights of Banks Bank and any other holder of the Notes, whether expressed herein or in any Note, shall be in addition to and not in limitation of those provided by applicable law. Borrowers Borrower irrevocably agree agrees that, subject to Banks' Bank's sole election, all suits or proceedings arising from or related to the Agreement, as amended, or the Notes may be litigated in courts (whether State or Federal) sitting in Oklahoma City, Oklahoma, and the Borrower hereby irrevocably waives any objection to such jurisdiction and venue.
5. This Amendment may be executed in as many counterparts as are deemed necessary or convenient, and it shall not be necessary for the signature of more than any one party to appear on any single counterpart. Each counterpart shall be deemed an original, but all shall be construed together as one and the same instrument. The failure of any party to sign shall not affect or limit the liability of any party executing any such counterpart. BORROWER: CONTINENTAL RESOURCES, INC., an Oklahoma corporation XXXXXX XXXX By: Xxxxxx Xxxx Title: President CONTINENTAL GAS, INC., an Oklahoma corporation XXXXX XXXXXX By: Xxxxx Xxxxxx Title: President BANKS: MIDFIRST BANK
Appears in 1 contract
Samples: Credit Agreement (Cmi Corp)
OTHER COVENANTS AND MISCELLANEOUS TERMS. 1. Except as expressly amended and supplemented hereby, the Agreement shall remain unchanged and in full force and effect, and the same is hereby ratified rati- fied and extended.
2. The obligations of Borrowers to Banks, including but not limited to the indebtedness evidences in- debtedness evidenced by the Note executed in conjunction with the Agreement, shall continue to be secured by the Collateral, without interruption or impairment of any kind.
3. The Borrowers hereby agree to pay all reasonable attorney fees and legal expenses ex- penses incurred by Agent in preparation, execution and implementation of this Amendment and any mortgages, deeds of trust, security agreements, pledge agreements agree- ments or any amendments thereto.
4. This Amendment shall be construed in accordance with and governed by the laws of the State of Oklahoma, and shall be binding on and inure to the benefit bene- fit of the Borrowers and Banks, and their respective successors and assigns. All obligations of the Borrowers under the Agreement and all rights of Banks and any other holder of the Notes, whether expressed herein here- in or in any Note, shall be in addition to and not in limitation of those provided by applicable law. Borrowers irrevocably agree that, subject to Banks' sole election, all suits or proceedings arising from or related to the Agreement, as amended, or the Notes may be litigated in courts (whether State or Federal) sitting in Oklahoma City, Oklahoma, and the Borrower hereby irrevocably waives any objection to such jurisdiction and venue.
5. This Amendment may be executed in as many counterparts as are deemed necessary or convenient, and it shall not be necessary for the signature of more than any one party to appear on any single counterpart. Each counterpart shall be deemed an original, but all shall be construed together to- gether as one and the same instrument. The failure of any party to sign shall not affect or limit the liability of any party executing any such counterpart. BORROWER: CONTINENTAL RESOURCES, INC., an Oklahoma corporation XXXXXX XXXX By: Xxxxxx HXXXXX XXXX Hxxxxx Xxxx Title: President CONTINENTAL GAS, INC., an Oklahoma corporation XXXXX XXXXXX By: Xxxxx Xxxxxx Title: President BANKS: MIDFIRST BANKPresident
Appears in 1 contract
OTHER COVENANTS AND MISCELLANEOUS TERMS. 1. Except as expressly amended and supplemented hereby, the Agreement shall remain unchanged and in full force and effect, and the same is hereby ratified and extended.
2. The obligations of Borrowers to Banks, including but not limited to the indebtedness evidences by the Note executed in conjunction with the Agreement, shall continue to be secured by the Collateral, without interruption or impairment of any kind.
3. The Borrowers Borrower hereby agree agrees to pay all reasonable attorney fees and legal expenses incurred by Agent Bank in preparation, execution and implementation of this Amendment and the Amended Note.
3. The Borrower hereby agrees to cure any mortgagesdefects in the execution and delivery of any of the Loan Documents and all agreements contemplated thereby, deeds executed, acknowledged and deliver such other assurances, documents, and instruments as shall, in the good faith and reasonable opinion of trustBank, security agreements, pledge agreements or any amendments theretois necessary to fulfill the terms of this amendment.
4. This Amendment shall be construed in accordance with and governed by the laws of the State of Oklahoma, and shall be binding on and inure to the benefit of the Borrowers Borrower and BanksBank, and their respective successors and assigns. All obligations of the Borrowers Borrower under the Agreement and all rights of Banks Bank and any other holder of the Notes, whether expressed herein or in any Note, shall be in addition to and not in limitation of those provided by applicable law. Borrowers Borrower irrevocably agree agrees that, subject to Banks' Bank's sole election, all suits or proceedings arising from or related to the Agreement, as amended, or the Notes may be litigated in courts (whether State or Federal) sitting in Oklahoma City, Oklahoma, and the Borrower hereby irrevocably waives any objection to such jurisdiction and venue.
5. This Amendment may be executed in as many counterparts as are deemed necessary or convenient, and it shall not be necessary for the signature of more than any one party to appear on any single counterpart. Each counterpart shall be deemed an original, but all shall be construed together as one and the same instrument. The failure of any party to sign shall not affect or limit the liability of any party executing any such counterpart. BORROWER: CONTINENTAL RESOURCESCMI CORPORATION --------------------------------------------- By: Xxx X. Xxxxxxx Title: Senior Vice President LENDER: BANK OF OKLAHOMA, INC.N.A. --------------------------------------------- By: Xxxx X. Xxxxxxxxxxxx Title: Vice President SECOND AMENDMENT TO CREDIT AGREEMENT BY AND BETWEEN BETWEEN CMI CORPORATION AND BANK OF OKLAHOMA, N.A. THIS SECOND AMENDMENT TO CREDIT AGREEMENT (the "Amendment") is made this ____ day of October, 1998 ("Effective Date"), by and between CMI CORPORATION, an Oklahoma corporation XXXXXX XXXX By: Xxxxxx Xxxx Title: President CONTINENTAL GAS("Borrower"), INCand BANK OF OKLAHOMA, N.A. (the "Bank")., an Oklahoma corporation XXXXX XXXXXX By: Xxxxx Xxxxxx Title: President BANKS: MIDFIRST BANK
Appears in 1 contract
Samples: Credit Agreement (Cmi Corp)
OTHER COVENANTS AND MISCELLANEOUS TERMS. 1. Except as expressly amended and supplemented hereby, the Agreement shall remain unchanged and in full force and effect, and the same is hereby ratified and extended.
2. The obligations of Borrowers to Banksdescribed in the Agreement, as amended hereby, including but not limited to the indebtedness evidences evidenced by the Note executed in conjunction with the Agreement, shall continue to be secured by the Collateral, without interruption or impairment of any kind.
3. Borrower agrees to execute such additional mortgages, deeds of trust and/or amendments to such documents already in place as Bank deems necessary to adequately secure the loan at any time and from time to time hereafter.
4. The Borrowers Borrower hereby agree agrees to pay all reasonable attorney fees and legal expenses incurred by Agent Bank in preparation, execution and implementation of this Amendment Amendment, the Replacement Note, and any mortgages, guaranty agreements, subordination agreements, deeds of trust, security agreements, pledge agreements or any amendments thereto.
45. This Amendment shall be construed in accordance with and governed by the laws of the State of Oklahoma, and shall be binding on and inure to the benefit of the Borrowers Borrower and BanksBank, and their respective successors and assigns. All obligations of the Borrowers Borrower under the Agreement and all rights of Banks Bank and any other holder of the Notes, whether expressed herein or in any Note, shall be in addition to and not in limitation of those provided by applicable law. Borrowers Borrower irrevocably agree agrees that, subject to Banks' Bank's sole election, all suits or proceedings arising from or related to the Agreement, as amended, or the Notes may be litigated in courts (whether State or Federal) sitting in Oklahoma City, Oklahoma, and the Borrower hereby irrevocably waives any objection to such jurisdiction and venue.
56. This Amendment may be executed in as many counterparts as are deemed necessary or convenient, and it shall not be necessary for the signature of more than any one party to appear on any single counterpart. Each counterpart shall be deemed an original, but all shall be construed together as one and the same instrument. The failure of any party to sign shall not affect or limit the liability of any party executing any such counterpart. BORROWER: CONTINENTAL RESOURCES, GMX RESOURCES INC., an Oklahoma corporation XXXXXX XXXX /s/ Xxx X. Xxxxxxxxx, Xx. -------------------------------------------- By: Xxxxxx Xxxx Xxx X. Xxxxxxxxx Title: President CONTINENTAL GASChief Financial Officer BANK: BANK ONE, INC.OKLAHOMA, an Oklahoma corporation XXXXX XXXXXX N.A. /s/ Xxx Xxxxxxxx -------------------------------------------- By: Xxxxx Xxxxxx Xxx Xxxxxxxx Title: Vice President BANKS: MIDFIRST BANKANNEX 1 EXHIBIT "G" ADDITIONAL COVENANTS
1. Borrower shall execute any and all mortgages, deeds of trust, and financing statements as are necessary, in Bank's discretion, to maintain mortgages and/or liens on ninety percent (90%) of its Oil and Gas Properties.
2. Borrower shall provide, on an on-going basis, title information on at least ninety percent (90%) of all of the Mortgaged Property, the results of which shall be satisfactory to the Bank and its legal counsel. Such title information shall evidence Borrower's good and indefeasible title to said Mortgaged Property, free and clear of all liens and encumbrances except as may otherwise be approved in writing by the Bank.
Appears in 1 contract
Samples: Letter Agreement (GMX Resources Inc)
OTHER COVENANTS AND MISCELLANEOUS TERMS. 1. Except as expressly amended and supplemented hereby, the Agreement shall remain unchanged and in full force and effect, and the same is hereby ratified and extended.
2. The obligations of Borrowers to Banks, including but not limited to the indebtedness evidences by the Note executed in conjunction with the Agreement, shall continue to be secured by the Collateral, without interruption or impairment of any kind.
3. The Borrowers Borrower hereby agree agrees to pay all reasonable attorney fees and legal expenses incurred by Agent Bank in preparation, execution and implementation of this Amendment and any mortgages, deeds of trust, security agreements, pledge agreements or any amendments theretoother Loan Documents executed in connection therewith.
43. This Amendment shall be construed in accordance with and governed by the laws of the State of Oklahoma, and shall be binding on and inure to the benefit of the Borrowers Borrower and BanksBank, and their respective successors and assigns. All obligations of the Borrowers Borrower under the Agreement and all rights of Banks Bank and any other holder of the Notes, whether expressed herein or in any Note, shall be in addition to and not in limitation of those provided by applicable law. Borrowers Borrower irrevocably agree agrees that, subject to Banks' Bank’s sole election, all suits or proceedings arising from or related to the Agreement, as amended, or the Notes Note may be litigated in courts (whether State or Federal) sitting in Oklahoma City, Oklahoma, and the Borrower hereby irrevocably waives any objection to such jurisdiction and venue.
54. This Amendment may be executed in as many counterparts as are deemed necessary or convenient, and it shall not be necessary for the signature of more than any one party to appear on any single counterpart. Each counterpart shall be deemed an original, but all shall be construed together as one and the same instrument. The failure of any party to sign shall not affect or limit the liability of any party executing any such counterpart. BORROWER: CONTINENTAL RESOURCESExecuted effective the ___ day of January, 2008. PANHANDLE OIL AND GAS INC., formerly named Panhandle Royalty Company, an Oklahoma corporation XXXXXX XXXX /s/ Xxxxxxx X. Xxxxxxx By: Xxxxxx Xxxx Xxxxxxx X. Xxxxxxx Title: President, CEO a national banking association /s/ Xxxxxxx Xxxxxxx By: Xxxxxxx Xxxxxxx Title: Vice President CONTINENTAL GASWOOD OIL COMPANY, an Oklahoma corporation, guarantor of the obligations of PANHANDLE OIL AND GAS INC., formerly named Panhandle Royalty Company, an Oklahoma corporation XXXXX XXXXXX (“Borrower”), under that certain Credit Agreement dated October 31, 2006, as amended from time to time and most recently by that certain First Amendment to Credit Agreement of even date herewith (the “Credit Agreement”), between Borrower and Bank of Oklahoma, N.A. (the “Bank”), hereby consents and agrees to the First Amendment to Credit Agreement made and delivered on or about this date between Borrower and Bank which includes an extension of the maturity date of the Revolving Note described therein. Guarantor further certifies and agrees that the Guaranty Agreement executed in conjunction with the Credit Agreement continues in full force and effect. Executed effective as of the 22 day of January, 2008. an Oklahoma corporation /s/ Xxxxxxx X. Xxxxxxx By: Xxxxx Xxxxxx Xxxxxxx X. Xxxxxxx Title: President BANKS: MIDFIRST BANKPresident, CEO THIS SECOND AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) dated effective as of February 3, 2009 by and among PANHANDLE OIL AND GAS INC., formerly named Panhandle Royalty Company, an Oklahoma corporation (referred to herein as the “Borrower”) and BANK OF OKLAHOMA, N.A., a national banking association (“Bank”).
Appears in 1 contract
OTHER COVENANTS AND MISCELLANEOUS TERMS. 1. Except as expressly amended and supplemented hereby, the Agreement shall remain unchanged and in full force and effect, and the same is hereby ratified and extended.
2. The obligations of Borrowers to Banks, including but not limited to the indebtedness evidences by the Note executed in conjunction with the Agreement, shall continue to be secured by the Collateral, without interruption or impairment of any kind.
3. The Borrowers Borrower hereby agree agrees to pay all reasonable attorney fees and legal expenses incurred by Agent Bank in preparation, execution and implementation of this Amendment and the Amended Note.
3. The Borrower hereby agrees to cure any mortgagesdefects in the execution and delivery of any of the Loan Documents and all agreements contemplated thereby, deeds executed, acknowledged and deliver such other assurances, documents, and instruments as shall, in the good faith and reasonable opinion of trustBank, security agreements, pledge agreements or any amendments theretois necessary to fulfill the terms of this amendment.
4. This Amendment shall be construed in accordance with and governed by the laws of the State of Oklahoma, and shall be binding on and inure to the benefit of the Borrowers Borrower and BanksBank, and their respective successors and assigns. All obligations of the Borrowers Borrower under the Agreement and all rights of Banks Bank and any other holder of the Notes, whether expressed herein or in any Note, shall be in addition to and not in limitation of those provided by applicable law. Borrowers Borrower irrevocably agree agrees that, subject to Banks' Bank's sole election, all suits or proceedings arising from or related to the Agreement, as amended, or the Notes may be litigated in courts (whether State or Federal) sitting in Oklahoma City, Oklahoma, and the Borrower hereby irrevocably waives any objection to such jurisdiction and venue.
5. This Amendment may be executed in as many counterparts as are deemed necessary or convenient, and it shall not be necessary for the signature of more than any one party to appear on any single counterpart. Each counterpart shall be deemed an original, but all shall be construed together as one and the same instrument. The failure of any party to sign shall not affect or limit the liability of any party executing any such counterpart. BORROWER: CONTINENTAL RESOURCESCMI CORPORATION -------------------------------------------------- By: Xxx X. Xxxxxxx Title: Senior Vice President LENDER: BANK OF OKLAHOMA, INC.N.A. ------------------------------------------------ By: Xxxx X. Xxxxxxxxxxxx Title: Vice President THIRD AMENDMENT TO CREDIT AGREEMENT BY AND BETWEEN BETWEEN CMI CORPORATION AND BANK OF OKLAHOMA, N.A. THIS THIRD AMENDMENT TO CREDIT AGREEMENT (the "Amendment") is made this ___ day of March, 1999 ("Effective Date"), by and between CMI CORPORATION, an Oklahoma corporation XXXXXX XXXX By: Xxxxxx Xxxx Title: President CONTINENTAL GAS("Borrower"), INCand BANK OF OKLAHOMA, N.A. (the "Bank")., an Oklahoma corporation XXXXX XXXXXX By: Xxxxx Xxxxxx Title: President BANKS: MIDFIRST BANK
Appears in 1 contract
Samples: Credit Agreement (Cmi Corp)
OTHER COVENANTS AND MISCELLANEOUS TERMS. 1. 4.1 Except as expressly amended and supplemented hereby, the Agreement shall remain unchanged and in full force and effect, and the same is hereby ratified and extended.
2. 4.2 The obligations of Borrowers to Banks, including but not limited to Note described in the indebtedness evidences by the Note executed in conjunction with the Agreement, Agreement shall continue to be secured by the Collateral, without interruption or impairment of any kind. The New Term Note is not secured by the Collateral.
3. The Borrowers hereby agree to pay all reasonable attorney fees and legal expenses incurred by Agent in preparation, execution and implementation of this Amendment and any mortgages, deeds of trust, security agreements, pledge agreements or any amendments thereto.
4. 4.3 This Amendment shall be construed in accordance with and governed by the laws of the State of Oklahoma, and shall be binding on and inure to the benefit of the Borrowers Borrower and BanksBank, and their respective successors and assigns. All obligations of the Borrowers Borrower under the Agreement and all rights of Banks Bank and any other holder of the NotesNote or New Term Note, whether expressed herein or in any the Note and New Term Note, shall be in addition to and not in limitation of those provided by applicable law. Borrowers Borrower and Bank irrevocably agree that, subject to Banks' sole election, that all suits or proceedings arising from or related to the Agreement, as amended, or the Notes may Note or New Term Note, shall be litigated in courts (whether State or Federal) sitting in Oklahoma City, Oklahoma, and the Borrower and Bank hereby irrevocably waives waive any objection to such jurisdiction and venue.
5. 4.4 This Amendment may be executed in as many counterparts as are deemed necessary or convenient, and it shall not be necessary for the signature of more than any one party to appear on any single counterpart. Each counterpart shall be deemed an original, but all shall be construed together as one and the same instrument. The failure of any party to sign shall not affect or limit the liability of any party executing any such counterpart. Executed effective as of the date first above written. BORROWER: CONTINENTAL RESOURCESPRE-PAID LEGAL SERVICES, INC., an Oklahoma corporation XXXXXX XXXX Corporation: By: Xxxxxx Xxxx /s/ Xxxxx Xxxxxxxxxx Name: Xxxxx Xxxxxxxxxx Title: President CONTINENTAL GASChief Financial Officer BANK: BANK OF OKLAHOMA, INC., an Oklahoma corporation XXXXX XXXXXX N.A. /s/ Xxxxx Xxxxxxxxxxxxxx By: Xxxxx Xxxxxxxxxxxxxx Its: Senior Vice President $10,000,000.00 June 5, 2008 FOR VALUE RECEIVED, the undersigned Borrower (herein called the “Borrower,”) hereby promises to pay to the order of BANK OF OKLAHOMA, N.A., a national banking association (“Lender”), without offset, in immediately available funds in lawful money of the United States of America, at 000 Xxxxxx TitleX. Xxxx Ave., Oklahoma City, Oklahoma 73102 the principal sum of Ten Million and no/100 Dollars ($10,000,000.00), together with interest on the unpaid principal balance of this Note from day to day outstanding as hereinafter provided, as follows: President BANKS: MIDFIRST BANKUntil such time as all amounts owing by Borrower under this Note have been repaid to Lender in their entirety, beginning June 30, 2008 and continuing on the last day of each month thereafter through the New Term Loan Maturity Date, Borrower shall make a payment of principal in the amount of $833,333.33 together with a payment of all accrued but unpaid interest on this Note. All outstanding principal plus all accrued but unpaid interest is due and payable on the Maturity Date. This Note shall mature (the “New Term Loan Maturity Date”) and the entire principal balance of this Note, together with all accrued and unpaid interest thereon, unless accelerated, shall be due on May 31, 2009.
Appears in 1 contract
OTHER COVENANTS AND MISCELLANEOUS TERMS. 1. Except as expressly amended and supplemented hereby, the Agreement shall remain unchanged and in full force and effect, and the same is hereby ratified and extended.
2. The obligations of Borrowers to Banksdescribed in the Agreement, as amended hereby, including but not limited to the indebtedness evidences evidenced by the Note executed in conjunction with the Agreement, shall continue to be secured by the Collateral, without interruption or impairment of any kind.
3. Borrower agrees to execute such additional mortgages, deeds of trust and/or amendments to such documents already in place as Bank deems necessary to adequately secure the loan at any time and from time to time hereafter.
4. The Borrowers Borrower hereby agree agrees to pay all reasonable attorney fees and legal expenses incurred by Agent Bank in preparation, execution and implementation of this Amendment and any mortgages, guaranty agreements, subordination agreements, deeds of trust, security agreements, pledge agreements or any amendments thereto.
45. This Amendment shall be construed in accordance with and governed by the laws of the State of Oklahoma, and shall be binding on and inure to the benefit of the Borrowers Borrower and BanksBank, and their respective successors and assigns. All obligations of the Borrowers Borrower under the Agreement and all rights of Banks Bank and any other holder of the NotesNote, whether expressed herein or in any Note, shall be in addition to and not in limitation of those provided by applicable law. Borrowers Borrower irrevocably agree agrees that, subject to Banks' Bank's sole election, all suits or proceedings arising from or related to the Agreement, as amended, or the Notes Note may be litigated in courts (whether State or Federal) sitting in Oklahoma City, Oklahoma, and the Borrower hereby irrevocably waives any objection to such jurisdiction and venue.
56. This Amendment may be executed in as many counterparts as are deemed necessary or convenient, and it shall not be necessary for the signature of more than any one party to appear on any single counterpart. Each counterpart shall be deemed an original, but all shall be construed together as one and the same instrument. The failure of any party to sign shall not affect or limit the liability of any party executing any such counterpart. BORROWER: CONTINENTAL RESOURCES, INC., an Oklahoma corporation XXXXXX XXXX By: Xxxxxx Xxxx Title: President CONTINENTAL GAS, INC., an Oklahoma corporation XXXXX XXXXXX By: Xxxxx Xxxxxx Title: President BANKS: MIDFIRST BANK
Appears in 1 contract
Samples: Credit Agreement (GMX Resources Inc)
OTHER COVENANTS AND MISCELLANEOUS TERMS. 1. Except as expressly amended and supplemented hereby, the Agreement shall remain unchanged and in full force and effect, and the same is hereby ratified and extended.
2. The obligations of Borrowers to Banksdescribed in the Agreement, as amended hereby, including but not limited to the indebtedness evidences evidenced by the Note executed in conjunction with the Agreement, shall continue to be secured by the Collateral, without interruption or impairment of any kind.
3. Borrower agrees to execute such additional mortgages, deeds of trust and/or amendments to such documents already in place as Bank deems necessary to adequately secure the loan at any time and from time to time hereafter.
4. The Borrowers Borrower hereby agree agrees to pay all reasonable attorney fees and legal expenses incurred by Agent Bank in preparation, execution and implementation of this Amendment Amendment, the Replacement Note, and any mortgages, guaranty agreements, subordination agreements, deeds of trust, security agreements, pledge agreements or any amendments thereto.
45. This Amendment shall be construed in accordance with and governed by the laws of the State of Oklahoma, and shall be binding on and inure to the benefit of the Borrowers Borrower and BanksBank, and their respective successors and assigns. All obligations of the Borrowers Borrower under the Agreement and all rights of Banks Bank and any other holder of the Notes, whether expressed herein or in any Note, shall be in addition to and not in limitation of those provided by applicable law. Borrowers Borrower irrevocably agree agrees that, subject to Banks' Bank's sole election, all suits or proceedings arising from or related to the Agreement, as amended, or the Notes may be litigated in courts (whether State or Federal) sitting in Oklahoma City, Oklahoma, and the Borrower hereby irrevocably waives any objection to such jurisdiction and venue.
56. This Amendment may be executed in as many counterparts as are deemed necessary or convenient, and it shall not be necessary for the signature of more than any one party to appear on any single counterpart. Each counterpart shall be deemed an original, but all shall be construed together as one and the same instrument. The failure of any party to sign shall not affect or limit the liability of any party executing any such counterpart. BORROWER: CONTINENTAL RESOURCES, GMX RESOURCES INC., an Oklahoma corporation XXXXXX XXXX /s/ Xxx X. Xxxxxxxxx, Xx. ---------------------------------------- By: Xxxxxx Xxxx Xxx X. Xxxxxxxxx, Xx. Title: President CONTINENTAL GASChief Executive Officer BANK: BANK ONE, INC.OKLAHOMA, an Oklahoma corporation XXXXX XXXXXX N.A. /s/ Xxxx X. Xxxx, Xx. ---------------------------------------- By: Xxxxx Xxxxxx Xxxx X. Xxxx, Xx. Title: President BANKS: MIDFIRST BANKVice President
Appears in 1 contract
Samples: Letter Agreement (GMX Resources Inc)
