Common use of U.S. Patriot Act Notice Clause in Contracts

U.S. Patriot Act Notice. Lender hereby notifies the Company that, pursuant to the requirements of the U.S. Patriot Act, Lender is required to obtain, verify and record information that identifies the Company and the Pledgor, which information includes the name and address of the Company and the Pledgor and other information that will allow Lender to identify the Company and the Pledgor in accordance with the U.S. Patriot Act. 36 Loan and Security Agreement IN WITNESS WHEREOF, the parties have caused this Loan and Security Agreement to be duly executed and delivered as of the day and year first above written. COMPANY WABASH RIVER ENERGY, LTD. By: Name: Title: IN WITNESS WHEREOF, the parties have caused this Loan and Security Agreement to be duly executed and delivered as of the day and year first above written. LENDER STANDARD GENERAL MASTER FUND L.P. By: STANDARD GENERAL GP LLC, its general partner By: STANDARD GENERAL MANAGEMENT LLC, its managing member By: Name: Title: 2 Loan and Security Agreement Annex 1 Addresses for Notices and Commitments of Lender Lender Name Lender Address Term Loan Commitment Standard General Master Fund L.P. 000 Xxxxxxx Xxx 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attn: Xxxxxxxx X. Xxxxxx Tel.: 000.000.0000 Fax: 000.000.0000 With a copy to: XxXxxxxxx Will & Xxxxx LLP 000 Xxxxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attn: Xxxxxxx Older Tel.: (000) 000-0000 Fax. (000) 000-0000 $11,000,000 Company Address for Notices: 000 Xxxxxx Xxxxxx, Xxxxx 0000 Xxxxxxxxxx, Xxxx 00000 Attn: Chief Executive Officer Telephone: 000-000-0000 Fax: 000-000-0000 With copies to: Xxxxxx & Xxxxxxx 00 Xxxxx Xxxxx Xxxxxx, Xxxxx 0000 Xxxxxxxxxxx, Xxxxxxxxx 00000-0000 Attn: Xxxxxxxx X. Xxxxx Tel: (000) 000-0000 Fax: (000) 000-0000 1 Loan and Security Agreement SCHEDULE 6.04 Balance Sheet of SG Solutions 1 Schedule to Loan and Security Agreement SCHEDULE 6.05 Operations 1 Schedule to Loan and Security Agreement SCHEDULE 6.06 Litigation and Claims 1 Schedule to Loan and Security Agreement SCHEDULE 6.07 Material Contracts 1 Schedule to Loan and Security Agreement SCHEDULE 6.11 Use of Proceeds 1 Schedule to Loan and Security Agreement SCHEDULE 6.14 Deposit Accounts 1 Schedule to Loan and Security Agreement SCHEDULE 6.16 Subsidiaries Name % Owned Held By Wabash SNG Export LLC 100 Company SG Solutions, LLC 50 Company 50 [ ] 1 Schedule to Loan and Security Agreement SCHEDULE 6.17 Indebtedness 1 Schedule to Loan and Security Agreement SCHEDULE 7.09 Indebtedness 1 Schedule to Loan and Security Agreement SCHEDULE 7.16 Restrictive Agreements 1 Schedule to Loan and Security Agreement EXHIBIT A-1 [Form of Term Loan Note TERM NOTE $14,300,000.00 July 23, 0000 Xxx Xxxx, XX For value received, the receipt and sufficiency of which are hereby acknowledged, Wabash River Energy, Ltd., an Indiana corporation (“Borrower”), hereby promises to pay to the order of Standard General Master Fund, L.P. (“Lender”), at its offices located 000 Xxxxxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, the principal amount of Fourteen Million Three Hundred Thousand Dollars ($14,300,000.00), together with accrued but unpaid fees, interest and any deferred and capitalized interest thereon. This Note is the Note issued under the Loan and Security Agreement between Borrower and Lender of even date herewith (said agreement, as the same may be amended, restated or supplemented from time to time, being herein called the “Agreement”) to which a reference is made for a statement of all of the terms and conditions of the Term Loan evidenced hereby. Capitalized terms not defined in this Note shall have the respective meanings assigned to them in the Agreement. This Note is secured and guaranteed by the Agreement, the other Loan Documents and the Collateral, and is entitled to the benefit of the rights and security provided thereby. Interest on the outstanding principal balance under this Note is payable at the rates and otherwise as specified in the Agreement, or, under the circumstances contemplated by the Agreement, at the Post Default Rate, in immediately available Dollars, at the time and in the manner specified in the Agreement. The outstanding principal (including any capitalized interest) and interest under this Note shall be immediately due and payable on the Maturity Date, and prior to the Maturity Date, the interest shall be due and payable in the manner, on the dates and at the rates provided in the Agreement.

U.S. Patriot Act Notice. Each Lender hereby notifies the Company that, Borrower that pursuant to the requirements of the U.S. USA Patriot Act (Title III of Pub. L. 107-56 (signed into law October 26, 2001)) (the "Patriot Act"), Lender it is required to obtain, verify and record information that identifies the Company and the PledgorBorrower, which information includes the name and address of the Company and the Pledgor Borrower and other information that will allow such Lender to identify the Company and the Pledgor Borrower in accordance with the U.S. Patriot Act. 36 Loan and Security Agreement IN WITNESS WHEREOF, the The parties hereto have caused this Loan and Security Agreement to be duly executed and delivered as of the day and year first above written. COMPANY WABASH RIVER ENERGY, LTDBORROWER: ELLORA ENERGY INC. By: Name/s/ XXXXXX X. XXXXX Xxxxxx X. Xxxxx, Chief Financial Officer ADMINISTRATIVE AGENT/LENDER: Title: IN WITNESS WHEREOFJPMORGAN CHASE BANK, the parties have caused this Loan N.A., as Administrative Agent and Security Agreement to be duly executed and delivered as of the day and year first above written. LENDER STANDARD GENERAL MASTER FUND L.P. a Lender By: STANDARD GENERAL GP LLC, its general partner By: STANDARD GENERAL MANAGEMENT LLC, its managing member By: Name: Title: 2 Loan and Security Agreement Annex 1 Addresses for Notices and Commitments of Lender Lender Name Lender Address Term Loan Commitment Standard General Master Fund L.P. 000 Xxxxxxx Xxx 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attn: Xxxxxxxx X. Xxxxxx Tel.: 000.000.0000 Fax: 000.000.0000 With a copy to: XxXxxxxxx Will & Xxxxx LLP 000 Xxxxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attn: Xxxxxxx Older Tel.: (000) 000-0000 Fax. (000) 000-0000 $11,000,000 Company Address for Notices: 000 Xxxxxx Xxxxxx, Xxxxx 0000 Xxxxxxxxxx, Xxxx 00000 Attn: Chief Executive Officer Telephone: 000-000-0000 Fax: 000-000-0000 With copies to: Xxxxxx & Xxxxxxx 00 Xxxxx /s/ J. XXXXX XXXXXX J. Xxxxx Xxxxxx, Senior Vice President SYNDICATION AGENT/LENDER: KEYBANK, N.A., as Syndication Agent and a Lender By: /s/ XXXXXX XXXXX Name: Xxxxxx Xxxxx 0000 XxxxxxxxxxxTitle: Managing Director CO-DOCUMENTATION AGENT/LENDER: GUARANTY BANK, FSB, as a Co-Documentation Agent and a Lender By: /s/ XXXXX X. XXXXXX Name: Xxxxx X. Xxxxxx Title: Corporate Banking Officer CO-DOCUMENTATION AGENT/LENDER: FORTIS CAPITAL CORP., as a Co-Documentation Agent and a Lender By: /s/ XXXXX XXXXXXXXXX Name: Xxxxx Xxxxxxxxxx Title: Director By: /s/ XXXXX XXXXXX Name: Xxxxx Xxxxxx Title: Director CO-DOCUMENTATION AGENT/LENDER: COMPASS BANK, as a Co-Documentation Agent and a Lender By: /s/ XXXX X. XXXXXXXX Name: Xxxx X. Xxxxxxxx Title: Vice President 84 LENDER: BANK OF SCOTLAND PLC, as a Lender By: /s/ XXXXX XXXXX Name: Xxxxx Xxxxx Title: Vice President LENDER: UNION BANK OF CALIFORNIA, N.A., as a Lender By: /s/ XXXXXX XXXXXXXXX Name: Xxxxxx Xxxxxxxxx 00000-0000 AttnTitle: Xxxxxxxx Vice President LENDER: XXXXX FARGO BANK, N.A., as a Lender By: /s/ ART XXXXXX Name: Art Xxxxxx Title: Vice President LENDER: U.S. BANK NATIONAL ASSOCIATION, as a Lender By: /s/ XXXXXX X. XXXXXXXXX Name: Xxxxxx X. Xxxxxxxxx Title: Vice President LENDER: ALLIED IRISH BANKS, P.L.C., as a Lender By: /s/ XXXXX XXXX Name: Xxxxx TelXxxx Title: (000) 000-0000 FaxDirector By: (000) 000-0000 1 Loan /s/ XXXXX XXXXXXX Name: Xxxxx Xxxxxxx Title: Vice President 89 LENDER: NATIXIS, as a Lender By: /s/ XXXXXXX X. XXXXXXXXX Name: Xxxxxxx X. Xxxxxxxxx Title: Managing Director By: /s/ LIANA TCHERNYSHEVA Name: Liana Tchernysheva Title: Director LENDER: THE BANK OF NOVA SCOTIA, as a Lender By: /s/ XXXXX XXXXX Name: Xxxxx Xxxxx Title: Director 91 LENDER: GUARANTY BANK AND TRUST COMPANY, as a Lender By: /s/ XXXX X. XXXXXXXXX Name: Xxxx X. Xxxxxxxxx Title: Senior Vice President ANNEX I LIST OF MAXIMUM CREDIT AMOUNTS Name of Lender Applicable Percentage Maximum Credit Amount JPMorgan Chase Bank, N.A. 10.500 % $ 42,000,000.00 KeyBank, N.A. 10.250 % $ 41,000,000.00 Guaranty Bank, FSB 10.250 % $ 41,000,000.00 Fortis Capital Corp. 10.250 % $ 41,000,000.00 Compass Bank 10.250 % $ 41,000,000.00 Bank of Scotland plc 7.000 % $ 28,000,000.00 Union Bank of California, N.A. 7.000 % $ 28,000,000.00 Xxxxx Fargo Bank, N.A. 7.000 % $ 28,000,000.00 U.S. Bank National Association 7.000 % $ 28,000,000.00 Allied Irish Banks, p.l.c. 7.000 % $ 28,000,000.00 Natixis 4.500 % $ 18,000,000.00 The Bank of Nova Scotia 4.500 % $ 18,000,000.00 Guaranty Bank and Security Trust Company 4.500 % $ 18,000,000.00 TOTAL 100.00000 % $ 400,000,000.00 Annex I ELLORA ENERGY INC. Credit Agreement SCHEDULE 6.04 Balance Sheet of SG Solutions 1 Schedule to Loan and Security Agreement SCHEDULE 6.05 Operations 1 Schedule to Loan and Security Agreement SCHEDULE 6.06 Litigation and Claims 1 Schedule to Loan and Security Agreement SCHEDULE 6.07 Material Contracts 1 Schedule to Loan and Security Agreement SCHEDULE 6.11 Use of Proceeds 1 Schedule to Loan and Security Agreement SCHEDULE 6.14 Deposit Accounts 1 Schedule to Loan and Security Agreement SCHEDULE 6.16 Subsidiaries Name % Owned Held By Wabash SNG Export LLC 100 Company SG Solutions, LLC 50 Company 50 EXHIBIT A FORM OF NOTE $[ ] 1 Schedule to Loan and Security Agreement SCHEDULE 6.17 Indebtedness 1 Schedule to Loan and Security Agreement SCHEDULE 7.09 Indebtedness 1 Schedule to Loan and Security Agreement SCHEDULE 7.16 Restrictive Agreements 1 Schedule to Loan and Security Agreement EXHIBIT A-1 [Form of Term Loan Note TERM NOTE $14,300,000.00 July 23[ ], 0000 Xxx Xxxx200_ FOR VALUE RECEIVED, XX For value receivedELLORA ENERGY INC., the receipt and sufficiency of which are hereby acknowledged, Wabash River Energy, Ltd., an Indiana a Delaware corporation (“the "Borrower”), ") hereby promises to pay to the order of Standard General Master Fund, L.P. [ ] (“the "Lender”"), at its offices located 000 Xxxxxxx Xxxxxxthe principal office of JPMorgan Chase Bank, 00xx XxxxxN.A. (the "Administrative Agent"), Xxx Xxxx, Xxx Xxxx 00000at [ ], the principal amount sum of Fourteen Million Three Hundred Thousand [ ] Dollars ($14,300,000.00[ ]) (or such lesser amount as shall equal the aggregate unpaid principal amount of the Loans made by the Lender to the Borrower under the Credit Agreement, as hereinafter defined), together with accrued but 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 feesprincipal 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 deferred and capitalized interest thereontransfer 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 Note issued under Notes referred to in the Loan Amended and Security Restated Credit Agreement, dated as of May 1, 2008, 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 Amended and Restated Credit Agreement between Borrower and Lender of even date herewith (said agreement, as the same may be amended, supplemented, restated or supplemented otherwise modified from time to time, being herein called the “"Credit Agreement”) to which a reference is made for a statement of all of the terms and conditions of the Term Loan evidenced hereby"). Capitalized terms not defined used in this Note shall have the respective meanings assigned to them in the Credit Agreement. This Note is secured and guaranteed by issued pursuant to the Agreement, the other Loan Documents and the Collateral, Credit Agreement and is entitled to the benefit benefits provided for in the Credit Agreement and the other Loan Documents. The Credit Agreement provides for the acceleration of the rights and security provided thereby. Interest on the outstanding principal balance under 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 TEXAS. ELLORA ENERGY INC. By: Name: Title: A-1 EXHIBIT B FORM OF BORROWING REQUEST [ ], 200[ ] Ellora Energy Inc., a Delaware corporation (the "Borrower"), pursuant to Section 2.03 of the Amended and Restated Credit Agreement dated as of May 1, 2008 (together with all amendments, restatements, supplements or other modifications thereto, the "Credit Agreement"), among the Borrower, JPMorgan Chase Bank, N.A., as Administrative Agent and the other agents and lenders (the "Lenders") which are or become parties thereto (unless otherwise defined herein, each capitalized term used herein is payable at the rates and otherwise as specified defined in the Credit Agreement), or, under the circumstances contemplated by the Agreement, at the Post Default Rate, in immediately available Dollars, at the time and in the manner specified in the Agreement. The outstanding principal (including any capitalized interest) and interest under this Note shall be immediately due and payable on the Maturity Date, and prior to the Maturity Date, the interest shall be due and payable in the manner, on the dates and at the rates provided in the Agreement.hereby requests a Borrowing as follows:

U.S. Patriot Act Notice. Each Revolving Credit Lender that is subject to the Act (as hereinafter defined) and the Agent (for itself and not on behalf of any Revolving Credit Lender) hereby notifies the Company that, Borrower that pursuant to the requirements of the U.S. USA Patriot Act (Title III of Pub. L. 107-56 (signed into law October 26, 2001)) (the “Act”), Lender it is required to obtain, verify and record information that identifies the Company and the PledgorBorrower, which information includes the name and address of the Company and the Pledgor Borrower and other information that will allow such Revolving Credit Lender or the Agent, as applicable, to identify the Company and the Pledgor Borrower in accordance with the U.S. Patriot Act. 36 Loan and Security Agreement IN WITNESS WHEREOF, the parties have caused this Loan and Security Agreement to be duly executed and delivered as of the day and year first above written. GANDER MOUNTAIN COMPANY WABASH RIVER ENERGY, LTD. By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: IN WITNESS WHEREOFSecretary and Treasurer FLEET RETAIL GROUP, the parties have caused this Loan INC., (f/k/a Fleet Retail Finance, Inc.), as Agent and Security Agreement to be duly executed and delivered as of the day and year first above written. LENDER STANDARD GENERAL MASTER FUND L.P. a Revolving Credit Lender By: STANDARD GENERAL GP LLC/s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: M.D. XXXXX FARGO FOOTHILL, its general partner INC., (f/k/a Foothill Capital Corporation), as Syndication Agent and as a Revolving Credit Lender By: STANDARD GENERAL MANAGEMENT LLC/s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President THE CIT GROUP/BUSINESS CREDIT, its managing member INC., as a Revolving Credit Lender By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: 2 Loan and Security Agreement Annex 1 Addresses for Notices and Commitments of Vice President 112 XXXXXXX BUSINESS CREDIT CORPORATION (f/k/a Whitehall Business Credit Corporation), as a Revolving Credit Lender By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Vice President GENERAL ELECTRIC CAPITAL CORPORATION, as a Revolving Credit Lender Name Lender Address Term Loan Commitment Standard General Master Fund L.P. 000 Xxxxxxx Xxx 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 AttnBy: /s/ Xxxxxxxx X. Xxxxxx Name: Xxxxxxxx X. Xxxxxx Tel.Title: 000.000.0000 FaxDuly Authorized Signatory UBS AG, STAMFORD BRANCH, as Revolving Credit Lender By: 000.000.0000 With a copy to: XxXxxxxxx Will & Xxxxx LLP 000 /s/ Xxxxxxx X. Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 AttnName: Xxxxxxx Older Tel.X. Xxxxxx Title: (000) 000-0000 FaxDirector By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Director 113 Schedule 2.22 REVOLVING CREDIT LENDERS; COMMITMENT PERCENTAGES; ADDRESSES REVOLVING CREDIT LENDER Maximum Revolving Credit Dollar Commitment Revolving Credit Percentage Commitment FLEET RETAIL GROUP INC. (000) 000-0000 $11,000,000 Company Address for Notices: 000 00 Xxxxx Xxxxxx Xxxxxx, XX 00000 Attention: Xxxxx 0000 Xxxxxxxxxx, Xxxx 00000 Attn: Chief Executive Officer Telephone: 000-000-0000 Fax: 000-000-0000 With copies to: Xxxxxx & X. Xxxxxxx 00 Xxxxx Xxxxx Xxxxxx, Xxxxx 0000 Xxxxxxxxxxx, Xxxxxxxxx 00000-0000 Attn: Xxxxxxxx X. Xxxxx Tel: (000) 000-0000 Fax: (000) 000-0000 1 Loan and Security Agreement SCHEDULE 6.04 Balance Sheet of SG Solutions 1 Schedule to Loan and Security Agreement SCHEDULE 6.05 Operations 1 Schedule to Loan and Security Agreement SCHEDULE 6.06 Litigation and Claims 1 Schedule to Loan and Security Agreement SCHEDULE 6.07 Material Contracts 1 Schedule to Loan and Security Agreement SCHEDULE 6.11 Use of Proceeds 1 Schedule to Loan and Security Agreement SCHEDULE 6.14 Deposit Accounts 1 Schedule to Loan and Security Agreement SCHEDULE 6.16 Subsidiaries Name $ 59,500,000 26.44 % Owned Held By Wabash SNG Export LLC 100 Company SG SolutionsXXXXX FARGO FOOTHILL, LLC 50 Company 50 [ ] 1 Schedule to Loan and Security Agreement SCHEDULE 6.17 Indebtedness 1 Schedule to Loan and Security Agreement SCHEDULE 7.09 Indebtedness 1 Schedule to Loan and Security Agreement SCHEDULE 7.16 Restrictive Agreements 1 Schedule to Loan and Security Agreement EXHIBIT A-1 [Form of Term Loan Note TERM NOTE $14,300,000.00 July 23INC. 0000 Xxxxxxxx Xxxxxx, Xxxxx 0000 Xxx XxxxXxxx Xxxxx Xxxxxx, XX For value received00000 Attention: Xxxxx Xxxxxxx/Xxxxx Xxxxxxxx Fax: (000) 000-0000 $ 25,000,000 11.11 % THE CIT GROUP/BUSINESS CREDIT, the receipt and sufficiency of which are hereby acknowledgedINC. 000 Xxxxx Xxxxx Xxx., Wabash River Energy0xx Xxxxx Xxx Xxxxxxx, Ltd.XX 00000-0000 Attention: Xxxxxx Xxxxxx Fax: (000) 000-0000 $ 45,000,000 20.00 % REVOLVING CREDIT LENDER Maximum Revolving Credit Dollar Commitment Revolving Credit Percentage Commitment GENERAL ELECTRIC CAPITAL CORPORATION 000 Xxxx Xxxxxx, an Indiana corporation 00xx Xxxxx Xxxxxxx, XX 000000 Attention: Xxx Xxxxxxx Fax: (“Borrower”), hereby promises to pay to the order of Standard General Master Fund, L.P. (“Lender”), at its offices located 000 000)-000-0000 $ 54,500,000 24.22 % XXXXXXX BUSINESS CREDIT CORPORATION 00 Xxxxxxx Xxxxxx, 00xx Xxxxx0xx Xxxxx Xxxxx Xxxxxx, Xxx XX 00000 Attention: Xxxx Xxxxxxxxx, VP Fax: (000) 000-0000 $ 15,000,000 6.67 % UBS AG, STAMFORD BRANCH 000 Xxxxxxxxxx Xxxx. Xxxxxxxx, Xxx Xxxx 00000, the principal amount of Fourteen Million Three Hundred Thousand Dollars XX 00000 Attention: Xxxxxx Xxxxxx Fax: ($14,300,000.00), together with accrued but unpaid fees, interest and any deferred and capitalized interest thereon. This Note is the Note issued under the Loan and Security Agreement between Borrower and Lender of even date herewith (said agreement, as the same may be amended, restated or supplemented from time to time, being herein called the “Agreement”) to which a reference is made for a statement of all of the terms and conditions of the Term Loan evidenced hereby. Capitalized terms not defined in this Note shall have the respective meanings assigned to them in the Agreement. This Note is secured and guaranteed by the Agreement, the other Loan Documents and the Collateral, and is entitled to the benefit of the rights and security provided thereby. Interest on the outstanding principal balance under this Note is payable at the rates and otherwise as specified in the Agreement, or, under the circumstances contemplated by the Agreement, at the Post Default Rate, in immediately available Dollars, at the time and in the manner specified in the Agreement. The outstanding principal (including any capitalized interest) and interest under this Note shall be immediately due and payable on the Maturity Date, and prior to the Maturity Date, the interest shall be due and payable in the manner, on the dates and at the rates provided in the Agreement.000)-000-0000 $ 26,000,000 11.56 % Schedule 6.11

U.S. Patriot Act Notice. Each Lender hereby notifies the Company that, each Borrower that pursuant to the requirements of the U.S. USA Patriot Act (Title III of Pub. L. 107-56 (signed into law October 26, 2001)) (the "Patriot Act"), Lender it is required to obtain, verify and record information that identifies the Company and the Pledgoreach Borrower, which information includes the name and address of the Company and the Pledgor each Borrower and other information that will allow such Lender to identify the Company and the Pledgor each Borrower in accordance with the U.S. Patriot Act. 36 Loan and Security Agreement IN WITNESS WHEREOF, the [SIGNATURES BEGIN NEXT PAGE] The parties hereto have caused this Loan and Security Agreement to be duly executed and delivered as of the day and year first above written. COMPANY WABASH RIVER ENERGY, LTDBORROWERS: ELLORA ENERGY INC. By: Name: Title: IN WITNESS WHEREOF/s/ XXXXX X. XXXXXXXXX Xxxxx X. Xxxxxxxxx, the parties have caused this Loan Vice President and Security Agreement to be duly executed and delivered as of the day and year first above writtenChief Financial Officer ELLORA OIL & GAS INC. LENDER STANDARD GENERAL MASTER FUND L.P. By: STANDARD GENERAL GP LLC/s/ XXXXX X. XXXXXXXXX Xxxxx X. Xxxxxxxxx, its general partner Vice President and Chief Financial Officer ADMINISTRATIVE AGENT/LENDER: JPMORGAN CHASE BANK, N.A., as Administrative Agent and a Lender By: STANDARD GENERAL MANAGEMENT LLC, its managing member By: Name: Title: 2 Loan and Security Agreement Annex 1 Addresses for Notices and Commitments of Lender Lender Name Lender Address Term Loan Commitment Standard General Master Fund L.P. 000 Xxxxxxx Xxx 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attn: Xxxxxxxx X. Xxxxxx Tel.: 000.000.0000 Fax: 000.000.0000 With a copy to: XxXxxxxxx Will & Xxxxx LLP 000 Xxxxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attn: Xxxxxxx Older Tel.: (000) 000-0000 Fax. (000) 000-0000 $11,000,000 Company Address for Notices: 000 Xxxxxx Xxxxxx, Xxxxx 0000 Xxxxxxxxxx, Xxxx 00000 Attn: Chief Executive Officer Telephone: 000-000-0000 Fax: 000-000-0000 With copies to: Xxxxxx & Xxxxxxx 00 Xxxxx /s/ J. XXXXX XXXXXX J. Xxxxx Xxxxxx, Vice President LENDER: KEYBANK, N.A., as a Lender By: /s/ XXXXXX XXXXX Name: Xxxxxx Xxxxx 0000 XxxxxxxxxxxTitle: Vice President LENDER: BANK OF OKLAHOMA, Xxxxxxxxx 00000-0000 AttnN.A., as a Lender By: Xxxxxxxx /s/ XXXXXXX X. XXXXX Name: Xxxxxxx X. Xxxxx TelTitle: (000) 000-0000 FaxSenior Vice President LENDER: (000) 000-0000 1 Loan and Security Agreement SCHEDULE 6.04 Balance Sheet BANK OF SCOTLAND, as a Lender By: /s/ XXXXX XXXXX Name: Xxxxx Xxxxx Title: Assistant Vice President LENDER: COMERICA BANK, as a Lender By: /s/ XXXXXXX X. PURCHASE Name: Xxxxxxx X. Purchase Title: Vice President LENDER: FORTIS CAPITAL CORP., as a Lender By: /s/ XXXXX XXXXXXXXXX Name: Xxxxx Xxxxxxxxxx Title: Senior Vice President By: /s/ XXXXXXX XXXXXX Name: Xxxxxxx Xxxxxx Title: Managing Director Name of SG Solutions 1 Schedule to Loan and Security Agreement SCHEDULE 6.05 Operations 1 Schedule to Loan and Security Agreement SCHEDULE 6.06 Litigation and Claims 1 Schedule to Loan and Security Agreement SCHEDULE 6.07 Material Contracts 1 Schedule to Loan and Security Agreement SCHEDULE 6.11 Use Lender Applicable Percentage Maximum Credit Amount JPMorgan Chase Bank, N.A. 20.4545454545 % $ 81,818,181.80 KeyBank, N.A. 15.0000000000 % $ 63,636,363.64 Bank of Proceeds 1 Schedule to Loan and Security Agreement SCHEDULE 6.14 Deposit Accounts 1 Schedule to Loan and Security Agreement SCHEDULE 6.16 Subsidiaries Name Oklahoma, N.A. 15.0000000000 % Owned Held By Wabash SNG Export LLC 100 Company SG Solutions, LLC 50 Company 50 $ 63,636,363.64 Bank of Scotland 15.0000000000 % $ 63,636,363.64 Comerica Bank 15.0000000000 % $ 63,636,363.64 Fortis Capital Corp. 15.0000000000 % $ 63,636,363.64 TOTAL 100.00000 % $ 400,000,000.00 EXHIBIT A FORM OF NOTE $[ ] 1 Schedule to Loan [ ], 200 FOR VALUE RECEIVED, ELLORA ENERGY INC., a Delaware corporation, and Security Agreement SCHEDULE 6.17 Indebtedness 1 Schedule to Loan and Security Agreement SCHEDULE 7.09 Indebtedness 1 Schedule to Loan and Security Agreement SCHEDULE 7.16 Restrictive Agreements 1 Schedule to Loan and Security Agreement EXHIBIT A-1 [Form of Term Loan Note TERM NOTE $14,300,000.00 July 23ELLORA OIL & GAS INC., 0000 Xxx Xxxx, XX For value received, the receipt and sufficiency of which are hereby acknowledged, Wabash River Energy, Ltd., an Indiana a Delaware corporation (“Borrower”), the "Borrowers") hereby promises jointly and severally promise to pay to the order of Standard General Master Fund, L.P. [ ] (“the "Lender”"), at its offices located 000 Xxxxxxx Xxxxxxthe principal office of JPMorgan Chase Bank, 00xx XxxxxN.A. (the "Administrative Agent"), Xxx Xxxx, Xxx Xxxx 00000at [ ], the principal amount sum of Fourteen Million Three Hundred Thousand [ ] Dollars ($14,300,000.00[ ]) (or such lesser amount as shall equal the aggregate unpaid principal amount of the Loans made by the Lender to the Borrowers under the Credit Agreement, as hereinafter defined), together with accrued but 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 feesprincipal 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 Borrowers, and each payment made on account of the principal thereof, shall be recorded by the Lender on its books and, prior to any deferred and capitalized interest thereontransfer 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 Borrowers' 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 Note issued under Notes referred to in the Loan Credit Agreement, dated as of February 3, 2006, among the Borrowers, the Administrative Agent, and Security the lenders signatory thereto (including the Lender), and evidences Loans made by the Lender thereunder (such Credit Agreement between Borrower and Lender of even date herewith (said agreement, as the same may be amended, supplemented, restated or supplemented otherwise modified from time to time, being herein called the “"Credit Agreement”) to which a reference is made for a statement of all of the terms and conditions of the Term Loan evidenced hereby"). Capitalized terms not defined used in this Note shall have the respective meanings assigned to them in the Credit Agreement. This Note is secured and guaranteed by issued pursuant to the Agreement, the other Loan Documents and the Collateral, Credit Agreement and is entitled to the benefit benefits provided for in the Credit Agreement and the other Loan Documents. The Credit Agreement provides for the acceleration of the rights and security provided thereby. Interest on the outstanding principal balance under 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 TEXAS. ELLORA ENERGY INC. By: Name: Title: ELLORA OIL & GAS INC. By: Name: Title: EXHIBIT B FORM OF BORROWING REQUEST [ ], 200[ ] Ellora Energy Inc., a Delaware corporation, and Ellora Oil & Gas Inc., a Delaware corporation (the "Borrowers"), pursuant to Section 2.03 of the Credit Agreement dated as of February 3, 2006 (together with all amendments, restatements, supplements or other modifications thereto, the "Credit Agreement"), among the Borrowers, JPMorgan Chase Bank, N.A., as Administrative Agent and the lenders (the "Lenders") which are or become parties thereto (unless otherwise defined herein, each capitalized term used herein is payable at the rates and otherwise as specified defined in the Credit Agreement), or, under the circumstances contemplated by the Agreement, at the Post Default Rate, in immediately available Dollars, at the time and in the manner specified in the Agreement. The outstanding principal (including any capitalized interest) and interest under this Note shall be immediately due and payable on the Maturity Date, and prior to the Maturity Date, the interest shall be due and payable in the manner, on the dates and at the rates provided in the Agreement.hereby requests a Borrowing as follows:

U.S. Patriot Act Notice. Each Lender hereby notifies the Company that, Borrower that pursuant to the requirements of the U.S. USA Patriot Act (Title III of Pub. L. 107-56 (signed into law October 26, 2001)) (the "Patriot Act"), Lender it is required to obtain, verify and record information that identifies the Company and the PledgorBorrower, which information includes the name and address of the Company and the Pledgor Borrower and other information that will allow such Lender to identify the Company and the Pledgor Borrower in accordance with the U.S. Patriot Act. 36 Loan and Security Agreement IN WITNESS WHEREOF, the The parties hereto have caused this Loan and Security Agreement to be duly executed and delivered as of the day and year first above written. COMPANY WABASH RIVER ENERGY, LTDBORROWER: ELLORA ENERGY INC. By: Name/s/ XXXXXX X. XXXXX Xxxxxx X. Xxxxx, Chief Financial Officer ADMINISTRATIVE AGENT/LENDER: Title: IN WITNESS WHEREOFJPMORGAN CHASE BANK, the parties have caused this Loan N.A., as Administrative Agent and Security Agreement to be duly executed and delivered as of the day and year first above written. LENDER STANDARD GENERAL MASTER FUND L.P. a Lender By: STANDARD GENERAL GP LLC, its general partner By: STANDARD GENERAL MANAGEMENT LLC, its managing member By: Name: Title: 2 Loan and Security Agreement Annex 1 Addresses for Notices and Commitments of Lender Lender Name Lender Address Term Loan Commitment Standard General Master Fund L.P. 000 Xxxxxxx Xxx 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attn: Xxxxxxxx X. Xxxxxx Tel.: 000.000.0000 Fax: 000.000.0000 With a copy to: XxXxxxxxx Will & Xxxxx LLP 000 Xxxxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attn: Xxxxxxx Older Tel.: (000) 000-0000 Fax. (000) 000-0000 $11,000,000 Company Address for Notices: 000 Xxxxxx Xxxxxx, Xxxxx 0000 Xxxxxxxxxx, Xxxx 00000 Attn: Chief Executive Officer Telephone: 000-000-0000 Fax: 000-000-0000 With copies to: Xxxxxx & Xxxxxxx 00 Xxxxx /s/ J. XXXXX XXXXXX J. Xxxxx Xxxxxx, Senior Vice President 80 SYNDICATION AGENT/LENDER: KEYBANK, N.A., as Syndication Agent and a Lender By: /s/ XXXXXX XXXXX Name: Xxxxxx Xxxxx 0000 XxxxxxxxxxxTitle: Managing Director CO-DOCUMENTATION AGENT/LENDER: GUARANTY BANK, FSB, as a Co-Documentation Agent and a Lender By: /s/ XXXXX X. XXXXXX Name: Xxxxx X. Xxxxxx Title: Corporate Banking Officer CO-DOCUMENTATION AGENT/LENDER: FORTIS CAPITAL CORP., as a Co-Documentation Agent and a Lender By: /s/ XXXXX XXXXXXXXXX Name: Xxxxx Xxxxxxxxxx Title: Director By: /s/ XXXXX XXXXXX Name: Xxxxx Xxxxxx Title: Director CO-DOCUMENTATION AGENT/LENDER: COMPASS BANK, as a Co-Documentation Agent and a Lender By: /s/ XXXX X. XXXXXXXX Name: Xxxx X. Xxxxxxxx Title: Vice President 84 LENDER: BANK OF SCOTLAND PLC, as a Lender By: /s/ XXXXX XXXXX Name: Xxxxx Xxxxx Title: Vice President LENDER: UNION BANK OF CALIFORNIA, N.A., as a Lender By: /s/ XXXXXX XXXXXXXXX Name: Xxxxxx Xxxxxxxxx 00000-0000 AttnTitle: Xxxxxxxx Vice President LENDER: XXXXX FARGO BANK, N.A., as a Lender By: /s/ ART XXXXXX Name: Art Xxxxxx Title: Vice President LENDER: U.S. BANK NATIONAL ASSOCIATION, as a Lender By: /s/ XXXXXX X. XXXXXXXXX Name: Xxxxxx X. Xxxxxxxxx Title: Vice President LENDER: ALLIED IRISH BANKS, P.L.C., as a Lender By: /s/ XXXXX XXXX Name: Xxxxx TelXxxx Title: (000) 000-0000 FaxDirector By: (000) 000-0000 1 Loan /s/ XXXXX XXXXXXX Name: Xxxxx Xxxxxxx Title: Vice President 89 LENDER: NATIXIS, as a Lender By: /s/ XXXXXXX X. XXXXXXXXX Name: Xxxxxxx X. Xxxxxxxxx Title: Managing Director By: /s/ LIANA TCHERNYSHEVA Name: Liana Tchernysheva Title: Director LENDER: THE BANK OF NOVA SCOTIA, as a Lender By: /s/ XXXXX XXXXX Name: Xxxxx Xxxxx Title: Director 91 LENDER: GUARANTY BANK AND TRUST COMPANY, as a Lender By: /s/ XXXX X. XXXXXXXXX Name: Xxxx X. Xxxxxxxxx Title: Senior Vice President ANNEX I LIST OF MAXIMUM CREDIT AMOUNTS Name of Lender Applicable Percentage Maximum Credit Amount JPMorgan Chase Bank, N.A. 10.500 % $ 42,000,000.00 KeyBank, N.A. 10.250 % $ 41,000,000.00 Guaranty Bank, FSB 10.250 % $ 41,000,000.00 Fortis Capital Corp. 10.250 % $ 41,000,000.00 Compass Bank 10.250 % $ 41,000,000.00 Bank of Scotland plc 7.000 % $ 28,000,000.00 Union Bank of California, N.A. 7.000 % $ 28,000,000.00 Xxxxx Fargo Bank, N.A. 7.000 % $ 28,000,000.00 U.S. Bank National Association 7.000 % $ 28,000,000.00 Allied Irish Banks, p.l.c. 7.000 % $ 28,000,000.00 Natixis 4.500 % $ 18,000,000.00 The Bank of Nova Scotia 4.500 % $ 18,000,000.00 Guaranty Bank and Security Trust Company 4.500 % $ 18,000,000.00 TOTAL 100.00000 % $ 400,000,000.00 Annex I ELLORA ENERGY INC. Credit Agreement SCHEDULE 6.04 Balance Sheet of SG Solutions 1 Schedule to Loan and Security Agreement SCHEDULE 6.05 Operations 1 Schedule to Loan and Security Agreement SCHEDULE 6.06 Litigation and Claims 1 Schedule to Loan and Security Agreement SCHEDULE 6.07 Material Contracts 1 Schedule to Loan and Security Agreement SCHEDULE 6.11 Use of Proceeds 1 Schedule to Loan and Security Agreement SCHEDULE 6.14 Deposit Accounts 1 Schedule to Loan and Security Agreement SCHEDULE 6.16 Subsidiaries Name % Owned Held By Wabash SNG Export LLC 100 Company SG Solutions, LLC 50 Company 50 EXHIBIT A FORM OF NOTE $[ ] 1 Schedule to Loan and Security Agreement SCHEDULE 6.17 Indebtedness 1 Schedule to Loan and Security Agreement SCHEDULE 7.09 Indebtedness 1 Schedule to Loan and Security Agreement SCHEDULE 7.16 Restrictive Agreements 1 Schedule to Loan and Security Agreement EXHIBIT A-1 [Form of Term Loan Note TERM NOTE $14,300,000.00 July 23[ ], 0000 Xxx Xxxx200_ FOR VALUE RECEIVED, XX For value receivedELLORA ENERGY INC., the receipt and sufficiency of which are hereby acknowledged, Wabash River Energy, Ltd., an Indiana a Delaware corporation (“the "Borrower”), ") hereby promises to pay to the order of Standard General Master Fund, L.P. [ ] (“the "Lender”"), at its offices located 000 Xxxxxxx Xxxxxxthe principal office of JPMorgan Chase Bank, 00xx XxxxxN.A. (the "Administrative Agent"), Xxx Xxxx, Xxx Xxxx 00000at [ ], the principal amount sum of Fourteen Million Three Hundred Thousand [ ] Dollars ($14,300,000.00[ ]) (or such lesser amount as shall equal the aggregate unpaid principal amount of the Loans made by the Lender to the Borrower under the Credit Agreement, as hereinafter defined), together with accrued but 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 feesprincipal 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 deferred and capitalized interest thereontransfer 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 Note issued under Notes referred to in the Loan Amended and Security Restated Credit Agreement, dated as of May 1, 2008, 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 Amended and Restated Credit Agreement between Borrower and Lender of even date herewith (said agreement, as the same may be amended, supplemented, restated or supplemented otherwise modified from time to time, being herein called the “"Credit Agreement”) to which a reference is made for a statement of all of the terms and conditions of the Term Loan evidenced hereby"). Capitalized terms not defined used in this Note shall have the respective meanings assigned to them in the Credit Agreement. This Note is secured and guaranteed by issued pursuant to the Agreement, the other Loan Documents and the Collateral, Credit Agreement and is entitled to the benefit benefits provided for in the Credit Agreement and the other Loan Documents. The Credit Agreement provides for the acceleration of the rights and security provided thereby. Interest on the outstanding principal balance under 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 TEXAS. ELLORA ENERGY INC. By: Name: Title: EXHIBIT B FORM OF BORROWING REQUEST [ ], 200[ ] Ellora Energy Inc., a Delaware corporation (the "Borrower"), pursuant to Section 2.03 of the Amended and Restated Credit Agreement dated as of May 1, 2008 (together with all amendments, restatements, supplements or other modifications thereto, the "Credit Agreement"), among the Borrower, JPMorgan Chase Bank, N.A., as Administrative Agent and the other agents and lenders (the "Lenders") which are or become parties thereto (unless otherwise defined herein, each capitalized term used herein is payable at the rates and otherwise as specified defined in the Credit Agreement), or, under the circumstances contemplated by the Agreement, at the Post Default Rate, in immediately available Dollars, at the time and in the manner specified in the Agreement. The outstanding principal (including any capitalized interest) and interest under this Note shall be immediately due and payable on the Maturity Date, and prior to the Maturity Date, the interest shall be due and payable in the manner, on the dates and at the rates provided in the Agreement.hereby requests a Borrowing as follows: