RECITALSStock Purchase Agreement • April 28th, 2006 • ABC Funding, Inc • Loan brokers • New York
RECTIALSOption Agreement • September 28th, 2006 • ABC Funding, Inc • Loan brokers • New York
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • February 13th, 2009 • ABC Funding, Inc • Crude petroleum & natural gas
This Agreement is made pursuant to the Securities Purchase Agreement, dated as of the date hereof, between the Company and each Purchaser (the “Purchase Agreement”).
SECURITY AGREEMENT This SECURITY AGREEMENT, dated as of May 21, 2008 (this "Agreement"), is among ABC Funding, Inc., a Nevada corporation (the "Company"), all of the Subsidiaries of the Company (such subsidiaries, the "Guarantors" and together with...Security Agreement • May 23rd, 2008 • ABC Funding, Inc • Crude petroleum & natural gas • New York
NEITHER THIS SECURITY NOR THE SECURITIES FOR WHICH THIS SECURITY IS EXERCISABLE HAVE BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE...ABC Funding, Inc • May 23rd, 2008 • Crude petroleum & natural gas
EXCHANGE AGREEMENT This Exchange Agreement ("Agreement") is entered into effective this ____ day of May 2008, by and between ABC Funding, Inc., a Nevada corporation (the "Company") and _________________________ (the "Holder"). WHEREAS, the Holder has...Exchange Agreement • May 23rd, 2008 • ABC Funding, Inc • Crude petroleum & natural gas
PLEDGE AND SECURITY AGREEMENT PLEDGE AND SECURITY AGREEMENT (this "Agreement"), dated May 21, 2008, made by and among ABC Funding, Inc., a Nevada corporation (the "Company") and the holders signatory hereto (collectively, the "Pledgors") of the common...Pledge and Security Agreement • May 23rd, 2008 • ABC Funding, Inc • Crude petroleum & natural gas • New York
REGISTRATION RIGHTS AGREEMENT This Registration Rights Agreement (this "Agreement") is made and entered into as of May 21, 2008, between ABC Funding, Inc., a Nevada corporation (the "Company") and each of the several purchasers signatory hereto (each...Registration Rights Agreement • May 23rd, 2008 • ABC Funding, Inc • Crude petroleum & natural gas
ARTICLE I. DEFINITIONSSecurities Purchase Agreement • May 23rd, 2008 • ABC Funding, Inc • Crude petroleum & natural gas • New York
ABC FUNDING, INC. STOCK OPTION AGREEMENT This Stock Option Agreement (this "Agreement") is effective as of May 22, 2008 (the "Option Grant Date") by and between ABC Funding, Inc., a Nevada corporation having its principal place of business at 919...Stock Option Agreement • May 23rd, 2008 • ABC Funding, Inc • Crude petroleum & natural gas
NEITHER THIS SECURITY NOR THE SECURITIES INTO WHICH THIS SECURITY IS CONVERTIBLE HAVE BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE...ABC Funding, Inc • May 23rd, 2008 • Crude petroleum & natural gas • New York
EMPLOYMENT AGREEMENT EMPLOYMENT AGREEMENT dated as of May 22, 2008 (this "Agreement") between ABC Funding, Inc., a Nevada corporation having its principal place of business at 919 Third Avenue, 39th Floor, New York, NY (the "Company"), and Carl A....Employment Agreement • May 23rd, 2008 • ABC Funding, Inc • Crude petroleum & natural gas • Texas
SUBSIDIARY GUARANTEE SUBSIDIARY GUARANTEE, dated as of May 21, 2008 (this "Guarantee"), made by each of the signatories hereto (together with any other entity that may become a party hereto as provided herein, the "Guarantors"), in favor of the...Subsidiary Guarantee • May 23rd, 2008 • ABC Funding, Inc • Crude petroleum & natural gas • New York
STOCK PURCHASE AND SALE AGREEMENTStock Purchase and Sale Agreement • May 23rd, 2008 • ABC Funding, Inc • Crude petroleum & natural gas • Texas
GUARANTY AND COLLATERAL AGREEMENT dated as of September 2, 2008 made by ABC FUNDING, INC. and EACH OF THE OTHER GRANTORS (AS DEFINED HEREIN) in favor of CIT CAPITAL USA INC., as Administrative AgentGuaranty and Collateral Agreement • September 9th, 2008 • ABC Funding, Inc • Crude petroleum & natural gas • Texas
This GUARANTY AND COLLATERAL AGREEMENT, dated as of September 2, 2008, is made by ABC Funding, Inc., a Nevada corporation (the “Borrower”), and each of the signatories hereto (the Borrower and each of the signatories hereto, together with any Subsidiary of the Borrower that becomes a party hereto from time to time after the date hereof, the “Grantors”) in favor of CIT Capital USA Inc., as administrative agent (in such capacity, together with its successors in such capacity, the “Administrative Agent”) for the banks and other financial institutions (the “Lenders”) from time to time parties to the Credit Agreement, dated as of September 2, 2008 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among the Borrower, the Administrative Agent and the Lenders.
THIS WARRANT AND THE SECURITIES ISSUABLE UPON THE EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR REGISTERED OR QUALIFIED UNDER THE SECURITIES LAWS OF ANY STATE OR OTHER JURISDICTION AND MAY NOT BE SOLD,...ABC Funding, Inc • February 13th, 2009 • Crude petroleum & natural gas • Texas
THIS CERTIFIES THAT, for value received, CIT Capital USA Inc., a Delaware corporation, or its registered and permitted assigns, (“CIT”) is entitled, at any time and from time to time commencing on the Initial Exercise Date and prior to the Expiration Date (as hereinafter defined), to purchase from ABC Funding, Inc., a Nevada corporation (the “Company”), an aggregate of 24,199,996 shares (“Warrant Grant”) of common stock, par value $0.001 per share, of the Company (the “Shares”), which Warrant Grant is equal to twenty-seven and one-half percent (27.50%) of the Fully Diluted Outstanding Shares as of the date hereof (subject to adjustment as provided herein), in whole or in part, at a purchase price of thirty-five cents ($0.35) per Share (the “Exercise Price”), all on the terms and conditions and pursuant to the provisions hereinafter set forth.
FORRestricted Stock Agreement • May 23rd, 2008 • ABC Funding, Inc • Crude petroleum & natural gas • Texas
Credit Agreement Dated as of September 2, 2008 among ABC Funding, Inc., as Borrower, CIT Capital USA Inc., as Administrative Agent, and The Lenders Party Hereto Sole Lead Arranger and Sole Bookrunner CIT Capital Securities LLCCredit Agreement • September 9th, 2008 • ABC Funding, Inc • Crude petroleum & natural gas • Texas
THIS CREDIT AGREEMENT dated as of September 2, 2008, is among ABC Funding, Inc., a corporation duly formed and existing under the laws of the State of Nevada (the “Borrower”); each of the Lenders from time to time party hereto and CIT Capital USA Inc. (in its individual capacity, “CIT”), as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the “Administrative Agent”).
EMPLOYMENT AGREEMENTEmployment Agreement • January 22nd, 2010 • Cross Canyon Energy Corp. • Crude petroleum & natural gas • Texas
This EMPLOYMENT AGREEMENT (the “Agreement”) is dated as of January 15, 2010 (the “Effective Date”) and entered into between Cross Canyon Energy Corp., a Nevada corporation having its principal place of business at 6630 Cypresswood Drive, Suite 200, Spring, TX 77379 (the "Company"), and Robert P. Munn, an individual residing in the State of Texas ("Executive"). The Company and Executive are referred to individually herein as a “Party” and collectively as the “Parties.”
SECOND AMENDMENT TO STOCK PURCHASE AND SALE AGREEMENTStock Purchase and Sale Agreement • February 13th, 2009 • ABC Funding, Inc • Crude petroleum & natural gas • Texas
THIS SECOND AMENDMENT TO STOCK PURCHASE AND SALE AGREEMENT (“Second Amendment”) is executed as of the 2nd day of September, 2008, by Voyager Gas Holdings, L.P., a Texas limited partnership (“Seller”), Voyager Gas Corporation, a Delaware corporation (the “Company”), and ABC Funding, Inc., a Nevada corporation (“Buyer”).
ABC FUNDING, INC. STOCK OPTION AGREEMENTStock Option Agreement • October 6th, 2008 • ABC Funding, Inc • Crude petroleum & natural gas
This Stock Option Agreement (this "Agreement") is effective as of October 1, 2008, (the "Option Grant Date") by and between ABC Funding, Inc., a Nevada corporation having its principal place of business at 4606 FM 1960 West Suite 400, Houston, Texas 77069 (the "Company"), and Jim B. Davis, an individual residing in the State of Texas (the "Optionee"). The Optionee and the Company hereby agree as follows:
ABC FUNDING, INC. STOCK OPTION AGREEMENT This Stock Option Agreement (this "Agreement") is effective as of May 22, 2008 (the "Option Grant Date") by and between ABC Funding Inc., a Nevada corporation having its principal place of business at 919 Third...Stock Option Agreement • May 23rd, 2008 • ABC Funding, Inc • Crude petroleum & natural gas
WARRANT ABC FUNDING, INC.Warrant • February 13th, 2009 • ABC Funding, Inc • Crude petroleum & natural gas • Texas
THIS WARRANT (the “Warrant”) certifies that, for value received, Global Hunter Securities, LP (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after effective date of the Charter Amendment (as defined in Section 3 hereof) in the State of Nevada (the “Initial Exercise Date”) and on or prior to the close of business on the 5-year anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from ABC Funding, Inc., a Nevada corporation (the “Company”), up to 225,000 shares (the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 1(b).
Second Lien Term Loan Agreement Dated as of September 2, 2008 among ABC Funding, Inc., as Borrower, CIT Capital USA Inc., as Administrative Agent, and The Lenders Party Hereto Sole Lead Arranger and Sole Bookrunner CIT Capital Securities LLCSecond Lien Term Loan Agreement • September 9th, 2008 • ABC Funding, Inc • Crude petroleum & natural gas • Texas
THIS SECOND LIEN TERM LOAN AGREEMENT dated as of September 2, 2008, is among ABC Funding, Inc., a corporation duly formed and existing under the laws of the State of Nevada (the “Borrower”), each of the Lenders from time to time party hereto and CIT Capital USA Inc. (in its individual capacity, “CIT”), as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the “Administrative Agent”).
Registration Rights AgreementRegistration Rights Agreement • February 13th, 2009 • ABC Funding, Inc • Crude petroleum & natural gas • Texas
This Registration Rights Agreement (the "Agreement") is made and entered into as of September 2, 2008 (the "Closing Date") by and among ABC Funding, Inc., a Nevada corporation (the "Company") and Voyager Gas Holdings, L.P., a Texas limited partnership (the “Shareholder”) and CIT Capital USA Inc., a Delaware corporation (“CIT”).
FIRST AMENDMENT TO STOCK PURCHASE AND SALE AGREEMENTStock Purchase and Sale Agreement • February 13th, 2009 • ABC Funding, Inc • Crude petroleum & natural gas • Texas
THIS FIRST AMENDMENT TO STOCK PURCHASE AND SALE AGREEMENT (“First Amendment”) is executed as of August 15, 2008, by Voyager Gas Holdings, L.P., a Texas limited partnership (“Seller”), Voyager Gas Corporation, a Delaware corporation (the “Company”), and ABC Funding, Inc., a Nevada corporation (“Buyer”).
Exhibit 2.1 AGREEMENT AND PLAN OF MERGER AGREEMENT AND PLAN OF MERGER dated as of May 26, 2006 (the "Agreement"), among ABC FUNDING, INC., a Nevada corporation ("ABC Funding"); EVI ACQUISITION CORP., a Nevada corporation and wholly-owned subsidiary of...Agreement and Plan of Merger • June 2nd, 2006 • ABC Funding, Inc • Loan brokers • Nevada
AMENDED AGREEMENT AMENDED AGREEMENT dated this 7th day of January 2005 , by and between ABC Funding, Inc. (hereinafter "ABC"), a Nevada Corporation, with offices located at 9160 South 300 West, Sandy, Utah 84070, Harold Barson, President of ABC and...Amended Agreement • February 4th, 2005 • ABC Funding, Inc • Loan brokers
AMENDED AGREEMENT dated this 7th day of January 2005 , by and between ABC Funding, Inc. (hereinafter "ABC"), a Nevada Corporation, with offices located at 9160 South 300 West, Sandy, Utah 84070, Harold Barson, President of ABC and Gary B. Wolff, P.C., counsel to ABC, with offices located at 805 Third Avenue, New York, New York.
AGREEMENT AGREEMENT dated this __ day of November 2004, by and between ABC Funding, Inc. (hereinafter "ABC"), a Nevada Corporation, with offices located at 9160 South 300 West, Sandy, Utah 84070, Harold Barson, President of ABC and Gary B. Wolff,...Agreement • December 8th, 2004 • ABC Funding, Inc
AGREEMENT dated this __ day of November 2004, by and between ABC Funding, Inc. (hereinafter "ABC"), a Nevada Corporation, with offices located at 9160 South 300 West, Sandy, Utah 84070, Harold Barson, President of ABC and Gary B. Wolff, P.C., counsel to ABC, with offices located at 805 Third Avenue, New York, New York.
SECOND LIEN GUARANTY AND COLLATERAL AGREEMENT dated as of September 2, 2008 made by ABC FUNDING, INC. and EACH OF THE OTHER GRANTORS (AS DEFINED HEREIN) in favor of CIT CAPITAL USA INC., as Administrative AgentAssumption Agreement • September 9th, 2008 • ABC Funding, Inc • Crude petroleum & natural gas • Texas
This SECOND LIEN GUARANTY AND COLLATERAL AGREEMENT, dated as of September 2, 2008, is made by ABC Funding, Inc., a Nevada corporation (the “Borrower”) and each of the signatories hereto (the Borrower and each of the signatories hereto, together with any Subsidiary of the Borrower that becomes a party hereto from time to time after the date hereof, the “Grantors”) in favor of CIT Capital USA Inc., as administrative agent (in such capacity, together with its successors in such capacity, the “Administrative Agent”) for the banks and other financial institutions (the “Lenders”) from time to time parties to the Second Lien Term Loan Agreement, dated as of September 2, 2008 (as amended, supplemented or otherwise modified from time to time, the “Term Loan Agreement”), among the Borrower, the Administrative Agent and the Lenders.
Exhibit 10.3 AGREEMENTAgreement • February 4th, 2005 • ABC Funding, Inc • Loan brokers
AGREEMENT dated this 24th day of January 2005, by and between ABC Funding, , Inc. (hereinafter "ABC"), a Nevada Corporation, with offices located at 9160 South 300 West, Sandy, Utah 84070 and Harold Barson, President of ABC.
NOTENote • September 9th, 2008 • ABC Funding, Inc • Crude petroleum & natural gas • Texas
PAYMENT OF THIS INSTRUMENT SHALL, TO THE EXTENT SET FORTH IN INTERCREDITOR AGREEMENT DATED SEPTEMBER 2, 2008 BY AND AMONG ABC FUNDING, INC., AS BORROWER, CIT CAPITAL USA INC., IN ITS CAPACITY AS ADMINISTRATIVE AGENT FOR THE SENIOR INDEBTEDNESS, CIT CAPITAL USA INC., IN ITS CAPACITY AS ADMINISTRATIVE AGENT FOR THE SECOND LIEN OBLIGATIONS AND OTHER PARTIES THERETO (THE “INTERCREDITOR AGREEMENT”), BE SUBORDINATE AND JUNIOR IN RIGHT OF PAYMENT TO THE PRIOR PAYMENT IN FULL OF ALL SENIOR INDEBTEDNESS, THE PROVISIONS OF SUCH INTERCREDITOR AGREEMENT BEING INCORPORATED HEREIN AND BY THIS REFERENCE BEING MADE A PART HEREOF.
Energy Venture, Inc. 3 Park Avenue New York, New York 10016ABC Funding, Inc • April 28th, 2006 • Loan brokers
Reference is made to that certain Stock Purchase Agreement dated as of April 3, 2006 by and among Energy Venture, Inc. and the selling stockholders named therein (the "Purchase Agreement").
STOCK PURCHASE AND SALE AGREEMENT BETWEEN VOYAGER GAS HOLDINGS, L.P. (“Seller”) VOYAGER GAS CORPORATION (“Company”) and ABC FUNDING, INC. (“Buyer”) as of MAY 22, 2008Stock Purchase and Sale Agreement • February 13th, 2009 • ABC Funding, Inc • Crude petroleum & natural gas • Texas
THIS STOCK PURCHASE AND SALE AGREEMENT (“Agreement”) is executed as of this 22nd day of May, 2008, by Voyager Gas Holdings, L.P., a Texas limited partnership (“Seller”), Voyager Gas Corporation, a Delaware corporation (the “Company”), and ABC Funding, Inc., a Nevada corporation (“Buyer”).
PLAN SUPPORT AND LOCK-UP AGREEMENT REGARDING CROSS CANYON ENERGY CORP.Plan Support and Lock-Up Agreement • February 2nd, 2010 • Cross Canyon Energy Corp. • Crude petroleum & natural gas • New York
THIS PLAN SUPPORT AND LOCK-UP AGREEMENT (the “Agreement”), dated as of January 28, 2010, is entered into by and among Cross Canyon Energy Corp., a Nevada corporation (the “Company”), and CIT Capital USA, Inc., as administrative agent and lender (“CIT Capital”) pursuant to (a) that certain Credit Agreement made as of September 2, 2008 (the “Revolving Loan Agreement”), and (b) that certain Second Lien Term Loan Agreement, made as of September 2, 2008 (the “Term Loan Agreement”). Borrowings made pursuant to the Revolving Loan Agreement are referred to herein as the “Revolving Loan,” and borrowings made pursuant to the Term Loan Agreement are referred to herein as the “Term Loan.” Capitalized terms used but not otherwise defined herein shall have the meaning ascribed to them in the Company’s chapter 11 plan of reorganization (as more fully described below).
