PRIOR OR ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AND THE LOAN DOCUMENTS, AS DEFINED IN THIS AGREEMENT, REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND SUPERSEDE ALL PRIOR UNDERSTANDINGS AND AGREEMENTS, WHETHER WRITTEN OR ORAL, RELATING TO THE TRANSACTIONS PROVIDED FOR HEREIN AND THEREIN. ADDITIONALLY, THIS AGREEMENT AND THE LOAN DOCUMENTS MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES.
PRIOR OR ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AND THE LOAN DOCUMENTS, AS DEFINED IN THIS AGREEMENT, REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND SUPERSEDE ALL PRIOR UNDERSTANDINGS AND AGREEMENTS, WHETHER WRITTEN OR ORAL, RELATING TO THE TRANSACTIONS PROVIDED FOR HEREIN AND THEREIN. ADDITIONALLY, THIS AGREEMENT AND THE LOAN DOCUMENTS MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. 114 EXECUTED as of the date first above written. BORROWER: XXXX XXXX HOLDINGS, LP By: Xxxx Xxxx Holdings GP, LLC, its general partner By: /s/ Xxxxxxx X. XxXxxx Xxxxxxx X. XxXxxx Chief Financial Officer 115 XXXXX FARGO BANK, NATIONAL ASSOCIATION as Administrative Agent, as Issuing Lender and Lender By: /s/ Xxxxxxx Xxxx Xxxxxxx Xxxx Director 116 TORONTO DOMINION (NEW YORK) LLC By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Authorized Signatory 117 ING CAPITAL LLC By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Director By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Managing Director 118 CITIBANK, N.A. By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: SVP 119 CAPITAL ONE, NATIONAL ASSOCIATION By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Senior Director 120 BOKF, NA doing business as Bank of Texas By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Senior Vice President 121 NATIXIS, NEW YORK BRANCH By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Managing Director By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Senior Managing Director 122 XXXXXX XXXXXXX BANK, N.A. By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Authorized Signatory 123 XXXXXX XXXXXXX SENIOR FUNDING, INC. By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Vice President 124 Administrative Agent: Xxxxx Fargo Bank, National Association With a copy to: 0000 X XX Xxxxxx Blvd. Xxxxx Fargo Bank, National Association Xxxxxxxxx, XX 00000 0000 Xxxxxxxxx, 0xx Xxxxx Attn: Syndication Agency Services MAC T5002-090 Telephone: (000) 000 0000 Xxxxxxx, Xxxxx 00000 Facsimile: (000) 000 0000 Attention: Xxxxxxx Xxxx Facsimile: (000) 000-0000 Borrower: Xxxx Xxxx Holdings, LP 00000 Xxxx Xxxxxxx #000 Xxxxxxx, Xxxxx 00000 Attention: Xxxxxxx XxXxxx Facsimile: 000-000-0000 Lenders: Each to its address (or telecopy) number set forth in its administrative questionnaire 125
PRIOR OR ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AND THE LOAN DOCUMENTS, AS DEFINED IN THIS AGREEMENT, REPRESENT THE FINAL
PRIOR OR ORAL AGREEMENTS. THIS WRITTEN AGREEMENT AND THE LOAN DOCUMENTS, AS DEFINED IN THIS AGREEMENT, REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND SUPERSEDE ALL PRIOR UNDERSTANDINGS AND AGREEMENTS, WHETHER WRITTEN OR ORAL, RELATING TO THE TRANSACTIONS PROVIDED FOR HEREIN AND THEREIN. ADDITIONALLY, THIS AGREEMENT AND THE LOAN DOCUMENTS 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. IN EXECUTING THIS AGREEMENT, THE BORROWER HEREBY WARRANTS AND REPRESENTS IT IS NOT RELYING ON ANY STATEMENT OR REPRESENTATION OTHER THAN THOSE IN THIS AGREEMENT AND IS RELYING UPON ITS OWN JUDGMENT AND ADVICE OF ITS ATTORNEYS. EXECUTED as of the date first above written. BORROWER: THREE FORKS, INC. By: /s/ W. Exxxxx Xxxxxxx W. Exxxxx Xxxxxxx, Chief Executive Officer Signature Page to Credit Agreement ADMINISTRATIVE AGENT/LENDER : GUARANTY BANK AND TRUST COMPANY By: /s/ Gxxx X. Xxxxxxxxx Gxxx X. Xxxxxxxxx, Senior Vice President Signature Page to Credit Agreement This Assignment and Acceptance (the “Assignment and Acceptance”) is dated as of the Effective Date set forth below and is entered into by and between [the][each]1 Assignor identified in item 1 below ([the][each, an] “Assignor”) and [the][each] Assignee identified in item 2 below ([the][each, an] “Assignee”). [It is understood and agreed that the rights and obligations of [the Assignors][the Assignees] hereunder are several and not joint.] 2 Capitalized terms used but not defined herein shall have the meanings given to them in the Credit Agreement identified below (as amended, supplemented, restated or otherwise modified from time to time, the “Credit Agreement”), receipt of a copy of which is hereby acknowledged by [the][each] Assignee. The Standard Terms and Conditions set forth in Annex 1 attached hereto are hereby agreed to and incorporated herein by reference and made a part of this Assignment and Acceptance as if set forth herein in full. For an agreed consideration, [the][each] Assignor hereby irrevocably sells and assigns to [the Assignee][the respective Assignees], and [the][each] Assignee hereby irrevocably purchases and assumes from [the Assignor][the respective Assignors], subject to and in accordance with the Standard Terms and Conditions and the Credit Agreement, as of the Effective Date inserted by the Administrative Agent as contemplated below (i) all of [the Assignor’s][the respective Assignors’] rights and...
