Kodiak Oil & Gas Corp Sample Contracts

Kodiak Oil & Gas Corp.
Registration Rights Agreement • July 26th, 2013 • Kodiak Oil & Gas Corp • Oil & gas field exploration services • New York

Reference is made to the purchase agreement dated as of July 23, 2013 (the “Purchase Agreement”) among Kodiak Oil & Gas Corp., a Yukon corporation (the “Issuer”), Kodiak Oil & Gas (USA) Inc., a Colorado Corporation, Kodiak Williston, LLC, a Delaware limited liability company, and KOG Finance, LLC, a Delaware limited liability company, as guarantors (the “Subsidiary Guarantors” and together with the Issuer, the “Company”), and Credit Suisse Securities (USA) LLC, as representative (the “Representative”) of the several purchasers named in Schedule A thereto (collectively, the “Purchasers”). The Issuer proposes to issue and sell to the Purchasers, upon the terms set forth in the Purchase Agreement, $400,000,000 aggregate principal amount of its 5.500% Senior Notes due 2022 (the “Initial Securities”) to be unconditionally guaranteed by the Subsidiary Guarantors. The Initial Securities will be issued pursuant to an Indenture, dated as of July 26, 2013 (the “Indenture”) among the Issuer, the

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42,000,000 Shares KODIAK OIL & GAS CORP. Common Shares UNDERWRITING AGREEMENT
Underwriting Agreement • November 18th, 2011 • Kodiak Oil & Gas Corp • Oil & gas field exploration services • New York
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KODIAK OIL & GAS CORP. as Issuer KODIAK OIL & GAS (USA), INC., KOG FINANCE, LLC AND KODIAK WILLISTON, LLC as Guarantors and U.S. BANK NATIONAL ASSOCIATION as Trustee COMPUTERSHARE TRUST COMPANY OF CANADA as Canadian Trustee
Indenture • July 26th, 2013 • Kodiak Oil & Gas Corp • Oil & gas field exploration services • New York

INDENTURE, dated as of July 26, 2013, between Kodiak Oil & Gas Corp., a Yukon corporation, as the Company, the Guarantors party hereto, U.S. Bank National Association, a national banking association, as Trustee, and Computershare Trust Company of Canada, a trust company duly existing under the laws of Canada, as Canadian Trustee.

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PURCHASE AND SALE AGREEMENT
Purchase and Sale Agreement • February 8th, 2006 • Kodiak Oil & Gas Corp • Oil & gas field exploration services

This Purchase and Sale Agreement (this “Agreement”) dated December 8, 2005, is between Staghorn Energy, LLC, a Delaware limited liability company, whose mailing address is One West Third Street, Suite 1000, Tulsa, OK 74103, hereinafter called “Seller”, and Kodiak Oil & Gas (USA), Inc., a COLORADO CORPORATION , whose mailing address is 1625 Broadway, Suite 330, Denver, CO 80202, hereinafter called “Buyer”.

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CREDIT AGREEMENT dated as of May 24, 2010 among KODIAK OIL & GAS (USA) INC., as Borrower, WELLS FARGO BANK, N.A., as Administrative Agent, and The Lenders Party Hereto
Credit Agreement • May 27th, 2010 • Kodiak Oil & Gas Corp • Oil & gas field exploration services • Colorado

THIS CREDIT AGREEMENT dated as of May 24, 2010, is among: Kodiak Oil & Gas (USA) Inc., a corporation duly formed and existing under the laws of the State of Colorado (the “Borrower”); each of the Lenders from time to time party hereto; and Wells Fargo Bank, N.A., as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the “Administrative Agent”).

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AMENDED AND RESTATED CREDIT AGREEMENT dated as of October 28, 2011 among KODIAK OIL & GAS (USA) INC., as Borrower, WELLS FARGO BANK, N.A., as Administrative Agent, and The Lenders Party Hereto
Credit Agreement • November 3rd, 2011 • Kodiak Oil & Gas Corp • Oil & gas field exploration services • New York

THIS AMENDED AND RESTATED CREDIT AGREEMENT dated as of October 28, 2011, is among: Kodiak Oil & Gas (USA) Inc., a corporation duly formed and existing under the laws of the State of Colorado (the “Borrower”); each of the Lenders from time to time party hereto; and Wells Fargo Bank, N.A. (“Wells Fargo”), as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the “Administrative Agent”).

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24,000,000 Shares KODIAK OIL & GAS CORP. Common Shares UNDERWRITING AGREEMENT
Underwriting Agreement • July 19th, 2011 • Kodiak Oil & Gas Corp • Oil & gas field exploration services • New York
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AMENDED AND RESTATED GUARANTEE AND COLLATERAL AGREEMENT made by each of the Grantors (as defined herein) in favor of WELLS FARGO BANK, N.A., as Administrative Agent Dated as of October 28, 2011
Guarantee and Collateral Agreement • November 3rd, 2011 • Kodiak Oil & Gas Corp • Oil & gas field exploration services • New York

This AMENDED AND RESTATED GUARANTEE AND COLLATERAL AGREEMENT, dated as of October 28, 2011, is made by KODIAK OIL & GAS (USA) INC., a Colorado corporation (the “Borrower”) and each of the other signatories hereto other than the Administrative Agent (the Borrower and each of the other signatories hereto other than the Administrative Agent, together with any other Subsidiary of the Borrower that becomes a party hereto from time to time after the date hereof, the “Grantors”), in favor of WELLS FARGO BANK, N.A., 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 that certain Amended and Restated Credit Agreement, dated as of even date herewith (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among the Borrower, the Lenders, the Administrative Agent, and the other Agents party thereto.

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KODIAK OIL & GAS CORP. EXECUTIVE EMPLOYMENT AGREEMENT
Executive Employment Agreement • December 30th, 2008 • Kodiak Oil & Gas Corp • Oil & gas field exploration services • Colorado

THIS EXECUTIVE EMPLOYMENT AGREEMENT (“Agreement”), effective January 1, 2008 (“Effective Date”), is made between Kodiak Oil & Gas Corp., a Yukon Territory corporation (“Employer”), and Lynn A. Peterson (“Executive”).

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SECOND SUPPLEMENTAL INDENTURE
Supplemental Indenture • December 8th, 2014 • Kodiak Oil & Gas Corp • Oil & gas field exploration services • New York

SECOND SUPPLEMENTAL INDENTURE (this “Second Supplemental Indenture”), dated as of the 4th day of December, 2014, among Kodiak Oil & Gas Corp., a Yukon corporation (the “Company”), Kodiak Oil & Gas (USA) Inc., a Colorado corporation (“Kodiak (USA)”), Kodiak Williston, LLC, a Delaware limited liability company (“Kodiak Williston” and, together with Kodiak (USA), the “Subsidiary Guarantors”), U.S. Bank National Association, as trustee (the “Trustee”), Computershare Trust Company of Canada, as Canadian Trustee (the “Canadian Trustee”), Whiting US Holding Company, a Delaware corporation (the “Co-Issuer”), and Whiting Oil and Gas Corporation, a Delaware corporation (the “Affiliate Guarantor”), under the Indenture referred to below.

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UNDERWRITING AGREEMENT
Underwriting Agreement • October 27th, 2009 • Kodiak Oil & Gas Corp • Oil & gas field exploration services • Ohio
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AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT
Employment Agreement • January 28th, 2013 • Kodiak Oil & Gas Corp • Oil & gas field exploration services

THIS AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT (this “Amendment”), effective January 1, 2013, is made between Kodiak Oil & Gas (USA) Inc., a Colorado corporation (“Employer”), Kodiak Oil & Gas Corp., a Yukon Territory corporation (“Company”) and Lynn A. Peterson (“Executive”).

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Kodiak Oil & Gas Corp. PURCHASE AGREEMENT
Purchase Agreement • January 15th, 2013 • Kodiak Oil & Gas Corp • Oil & gas field exploration services • New York
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FIRST SUPPLEMENTAL INDENTURE
First Supplemental Indenture • October 20th, 2014 • Kodiak Oil & Gas Corp • Oil & gas field exploration services • New York

FIRST SUPPLEMENTAL INDENTURE (this “First Supplemental Indenture”), dated as of the 17th day of October, 2014, among Kodiak Oil & Gas Corp., a Yukon corporation (the “Company”), Kodiak Oil & Gas (USA) Inc., a Colorado corporation (“Kodiak (USA)”), KOG Finance, LLC, a Delaware limited liability company (“KOG Finance”), Kodiak Williston, LLC, a Delaware limited liability company (“Kodiak Williston”), KOG Oil & Gas ULC, a British Columbia unlimited liability company (“KOG ULC”, and collectively with Kodiak (USA), KOG Finance and Kodiak Williston, the “Subsidiary Guarantors”), U.S. Bank National Association, as trustee (the “Trustee”), Computershare Trust Company of Canada, as Canadian Trustee (the “Canadian Trustee”), and Whiting Petroleum Corporation, a Delaware corporation (the “Parent Guarantor”), under the Indenture referred to below.

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AMENDED AND RESTATED GUARANTEE AND PLEDGE AGREEMENT made by Kodiak Oil & Gas Corp. in favor of WELLS FARGO BANK, N.A., as Administrative Agent Dated as of October 28, 2011
Guarantee and Pledge Agreement • November 3rd, 2011 • Kodiak Oil & Gas Corp • Oil & gas field exploration services • New York

This AMENDED AND RESTATED GUARANTEE AND PLEDGE AGREEMENT, dated as of October 28, 2011, is made by KODIAK OIL & GAS CORP., a corporation continued under the laws of Yukon Territories, Canada, (the “Guarantor”), in favor of WELLS FARGO BANK, N.A., 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 that certain Credit Agreement, dated as of even date herewith (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among KODIAK OIL & GAS (USA) INC., a Colorado corporation (the “Borrower”), the Lenders, the Administrative Agent, and the other Agents party thereto.

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KODIAK OIL & GAS CORP. EXECUTIVE EMPLOYMENT AGREEMENT
Executive Employment Agreement • January 6th, 2011 • Kodiak Oil & Gas Corp • Oil & gas field exploration services • Colorado

THIS EXECUTIVE EMPLOYMENT AGREEMENT (“Agreement”), effective January 1, 2011 (“Effective Date”), is entered into by and between James E. Catlin (“Executive”) and Kodiak Oil & Gas (USA) Inc., a Colorado corporation (“Employer”), and Kodiak Oil & Gas Corp., a Yukon Territory corporation (“Company”).

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AMENDED AND RESTATED SECOND LIEN GUARANTEE AND COLLATERAL AGREEMENT made by each of the Grantors (as defined herein) in favor of WELLS FARGO ENERGY CAPITAL, INC., as Administrative Agent Dated as of October 28, 2011
Guarantee and Collateral Agreement • November 3rd, 2011 • Kodiak Oil & Gas Corp • Oil & gas field exploration services • New York

This AMENDED AND RESTATED SECOND LIEN GUARANTEE AND COLLATERAL AGREEMENT, dated as of October 28, 2011, is made by KODIAK OIL & GAS (USA) INC., a Colorado corporation (the “Borrower”) and each of the other signatories hereto other than the Administrative Agent (the Borrower and each of the other signatories hereto other than the Administrative Agent, together with any other Subsidiary of the Borrower that becomes a party hereto from time to time after the date hereof, the “Grantors”), in favor of WELLS FARGO ENERGY CAPITAL, 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 that certain Amended and Restated Second Lien Credit Agreement, dated as of even date herewith (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among the Borrower, the Lenders, the Administrative Agent, and the

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Kodiak Oil & Gas Corp. PURCHASE AGREEMENT
Purchase Agreement • July 26th, 2013 • Kodiak Oil & Gas Corp • Oil & gas field exploration services • New York
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KODIAK OIL & GAS CORP. NON-INCENTIVE STOCK OPTION AGREEMENT
Non-Incentive Stock Option Agreement • July 26th, 2007 • Kodiak Oil & Gas Corp • Oil & gas field exploration services • Yukon

This NON-INCENTIVE STOCK OPTION AGREEMENT (the “Agreement”) is made this 24th day of May, 2007, by and between Kodiak Oil & Gas Corp., a Yukon Territory corporation (the “Company”) and James Catlin, an individual resident of Thornton, Colorado (“Employee”).

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WHITING PETROLEUM CORPORATION And the Guarantors named herein SUPPLEMENTAL INDENTURE AND AMENDMENT – SUBSIDIARY GUARANTEE DATED AS OF DECEMBER 11, 2014 THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., Trustee
Supplemental Indenture • December 12th, 2014 • Whiting Canadian Holding Co ULC • Oil & gas field exploration services

This SUPPLEMENTAL INDENTURE, dated as of December 11, 2014 is among Whiting Petroleum Corporation, a Delaware corporation (the “Company”), each of the parties identified under the caption “Guarantors” on the signature page hereto (the “Guarantors”) and The Bank of New York Mellon Trust Company, N.A., a national banking association, as Trustee.

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PURCHASE AND SALE AGREEMENT by and among NORTH PLAINS ENERGY, LLC (Seller) and KODIAK OIL & GAS (USA) INC. (Buyer) and KODIAK OIL & GAS CORP. (Parent) Dated as of November 14, 2011
Purchase and Sale Agreement • November 17th, 2011 • Kodiak Oil & Gas Corp • Oil & gas field exploration services • Texas

This Purchase and Sale Agreement (“Agreement”) is entered into this 14th day of November, 2011 (the “Execution Date”), by and among Kodiak Oil & Gas (USA) Inc., a Colorado corporation (“Buyer”), having an address of 1625 Broadway, Suite 250, Denver, Colorado 80202, Kodiak Oil & Gas Corp., a Yukon Territory corporation (“Parent”), having an address of 1625 Broadway, Suite 250, Denver, Colorado 80202, and North Plains Energy, LLC, a Delaware limited liability company (“Seller”), having an address of 1888 Sherman Street, Suite 375, Denver, Colorado 80203. Buyer, Seller and Parent are collectively referred to herein as the “Parties” and each individually referred to herein as a “Party.”

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ARRANGEMENT AGREEMENT among WHITING PETROLEUM CORPORATION, 1007695 B.C. LTD. and KODIAK OIL & GAS CORP. dated as of JULY 13, 2014
Arrangement Agreement • July 14th, 2014 • Kodiak Oil & Gas Corp • Oil & gas field exploration services • Delaware

THIS ARRANGEMENT AGREEMENT (this “Agreement”) is made and effective as of July 13, 2014 among Whiting Petroleum Corporation, a corporation organized and existing under the laws of the State of Delaware, U.S.A. (“Acquiror”), 1007695 B.C. Ltd., a company organized and existing under the laws of British Columbia, Canada (“Acquiror Canadian Sub”), and Kodiak Oil & Gas Corp., a corporation continued and existing under the laws of the Yukon Territory, Canada (“Company”). Capitalized terms used but not otherwise defined in this Agreement shall have the meaning set forth in Section 7.12.

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AMENDED AND RESTATED SECOND LIEN CREDIT AGREEMENT dated as of October 28, 2011 among KODIAK OIL & GAS (USA) INC., as Borrower, WELLS FARGO ENERGY CAPITAL, INC., as Administrative Agent, and The Lenders Party Hereto
Second Lien Credit Agreement • November 3rd, 2011 • Kodiak Oil & Gas Corp • Oil & gas field exploration services • New York

THIS AMENDED AND RESTATED SECOND LIEN CREDIT AGREEMENT dated as of October 28, 2011, is among: Kodiak Oil & Gas (USA) Inc., a corporation duly formed and existing under the laws of the State of Colorado (the “Borrower”); each of the Lenders from time to time party hereto; and Wells Fargo Energy Capital, Inc., as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the “Administrative Agent”).

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AMENDED AND RESTATED GUARANTY AND COLLATERAL AGREEMENT dated as of December 8, 2014 made by WHITING PETROLEUM CORPORATION, WHITING OIL AND GAS CORPORATION and Each of the Other Obligors (as defined herein) In Favor of JPMORGAN CHASE BANK, N.A. as...
Guaranty and Collateral Agreement • December 8th, 2014 • Kodiak Oil & Gas Corp • Oil & gas field exploration services • Delaware

This AMENDED AND RESTATED GUARANTY AND COLLATERAL AGREEMENT is dated as of December 8, 2014, and is by Whiting Petroleum Corporation, a Delaware corporation (the “Parent Guarantor”), Whiting Oil and Gas Corporation, a Delaware corporation (the “Borrower”), and each of the signatories hereto (the Borrower and each of the signatories hereto, together with any other Restricted Subsidiary of the Parent Guarantor that becomes a party hereto from time to time after the date hereof, the “Obligors”), in favor of JPMorgan Chase Bank, N.A., 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 Sixth Amended and Restated Credit Agreement dated as of August 27, 2014 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among the Borrower, the Parent Guarantor, the Lenders, the Administrative Agent, and

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PURCHASE AND SALE AGREEMENT BY AND BETWEEN LIBERTY RESOURCES LLC (Seller) KODIAK OIL & GAS (USA) INC. (Buyer) AND KODIAK OIL & GAS CORP. (Parent) Dated June 2, 2013
Purchase and Sale Agreement • June 4th, 2013 • Kodiak Oil & Gas Corp • Oil & gas field exploration services • Colorado

This Purchase and Sale Agreement (this “Agreement”), dated as of this 2nd day of June, 2013, is entered into by and between Liberty Resources LLC, a Delaware limited liability company (“Seller”), Kodiak Oil & Gas (USA) Inc., a Colorado corporation (“Buyer”) and, solely for purposes of Section 15.16 hereof, Kodiak Oil & Gas Corp., a Yukon Territory corporation (“Parent”), with Buyer and Seller collectively referred to as the “Parties” and individually as a “Party”.

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KODIAK OIL & GAS CORP. EMPLOYMENT AGREEMENT
Employment Agreement • August 4th, 2011 • Kodiak Oil & Gas Corp • Oil & gas field exploration services • Colorado

THIS EMPLOYMENT AGREEMENT (“Agreement”), effective January 1, 2011 (“Effective Date”), is entered into by and between Russell A. Branting (“Employee”) and Kodiak Oil & Gas (USA) Inc., a Colorado corporation (“Employer”), and Kodiak Oil & Gas Corp., a Yukon Territory corporation (“Company”).

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KODIAK OIL & GAS CORP. as Issuer KODIAK OIL & GAS (USA), INC. as Guarantor and U.S. BANK NATIONAL ASSOCIATION as Trustee COMPUTERSHARE TRUST COMPANY OF CANADA as Canadian Trustee
Supplemental Indenture • November 23rd, 2011 • Kodiak Oil & Gas Corp • Oil & gas field exploration services • New York

INDENTURE, dated as of November 23, 2011, between Kodiak Oil & Gas Corp., a Yukon Territory corporation, as the Company, the Guarantor party hereto, U.S. Bank National Association, a national banking association, as Trustee, and Computershare Trust Company of Canada, a trust company duly existing under the laws of Canada, as Canadian Trustee.

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FIFTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT Among KODIAK OIL & GAS (USA) INC. as Borrower, WELLS FARGO BANK, N.A., as Administrative Agent, and The Lenders Signatory Hereto Dated as of May 11, 2012
Credit Agreement • May 17th, 2012 • Kodiak Oil & Gas Corp • Oil & gas field exploration services • New York

This Fifth Amendment to Amended and Restated Credit Agreement (this “Fifth Amendment”) effective as of the Fifth Amendment Effective Date (as defined below) is among Kodiak Oil & Gas (USA) Inc., a Colorado corporation (the “Borrower”), each of the Lenders that is a signatory hereto and Wells Fargo Bank, N.A., as administrative agent for the Lenders (in such capacity, together with its successors, the “Administrative Agent”).

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AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT
Employment Agreement • June 22nd, 2012 • Kodiak Oil & Gas Corp • Oil & gas field exploration services

THIS AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT (this “Amendment”), effective June 13, 2012, is made between Kodiak Oil & Gas (USA) Inc., a Colorado corporation (“Employer”), Kodiak Oil & Gas Corp., a Yukon Territory corporation (“Company”) and Russ D. Cunningham (“Employee”).

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KODIAK OIL AND GAS CORP. 2007 STOCK INCENTIVE PLAN RESTRICTED STOCK UNIT AND PERFORMANCE AWARD AGREEMENT
Restricted Stock Unit and Performance Award Agreement • March 3rd, 2011 • Kodiak Oil & Gas Corp • Oil & gas field exploration services • Colorado

This RESTRICTED STOCK UNIT AND PERFORMANCE AWARD AGREEMENT (the "Agreement") is made this day of , (the "Grant Date"), by and between Kodiak Oil & Gas Corp., a Yukon Territory corporation (the "Company") and , an individual resident of , ("Participant"), pursuant to the terms of the Kodiak Oil and Gas Corp. 2007 Stock Incentive Plan (the "Plan"). Terms used but not defined herein shall have the meanings ascribed to them in the Plan.

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STOCK PURCHASE AGREEMENT
Stock Purchase Agreement • May 2nd, 2006 • Kodiak Oil & Gas Corp • Oil & gas field exploration services • New York

Immediately after the Closing, there will be no equity securities of the Company of which the undersigned will be the “beneficial owner”2, except as set forth below in this Item 2. The disclosure indicates the amount of equity securities which the undersigned beneficially owns, which it has a right to acquire within 60 days after the Closing Date, and as to which it has sole voting power, shared voting power, sole investment power or shared investment power. ___________________________________ ___________________________________ ___________________________________ ___________________________________

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FIFTH AMENDMENT TO LEASE
To Lease • March 14th, 2008 • Kodiak Oil & Gas Corp • Oil & gas field exploration services • Colorado

THIS FIFTH AMENDMENT TO LEASE (this “Fifth Amendment”) is entered into effective as of May 31, 2007 (the “Fifth Amendment Date”), by and between TRANSWESTERN BROADREACH WTC, LLC, a Delaware limited liability company (“Landlord”), and KODIAK OIL & GAS (USA) INC., a Colorado corporation (“Tenant”).

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KODIAK OIL & GAS CORP. RESTRICTED STOCK AWARD AGREEMENT
Restricted Stock Award Agreement • July 26th, 2007 • Kodiak Oil & Gas Corp • Oil & gas field exploration services • Yukon

This RESTRICTED STOCK AWARD AGREEMENT (the “Agreement”) is made this _____ day of _____, _____, by and between Kodiak Oil & Gas Corp., a Yukon Territory corporation (the “Company”) and _____, an individual resident of _____, _____ (“Participant”).

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PURCHASE AND SALE AGREEMENT BETWEEN BTA OIL PRODUCERS, LLC AS SELLER AND KODIAK OIL & GAS (USA) INC. AS BUYER September 27, 2011
Purchase and Sale Agreement • November 3rd, 2011 • Kodiak Oil & Gas Corp • Oil & gas field exploration services

This Purchase and Sale Agreement (this “Agreement”) is made and entered into this 27th day of September, 2011, by and between BTA OIL PRODUCERS, LLC, a Texas limited liability company (“Seller”), and KODIAK OIL & GAS (USA) INC., a Colorado corporation (“Buyer”). Buyer and Seller are collectively referred to as the “Parties” and individually as a “Party.”

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SEVENTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT Among KODIAK OIL & GAS (USA) INC. as Borrower, WELLS FARGO BANK, N.A., as Administrative Agent, and The Lenders Signatory Hereto Dated as of January 15, 2013
Credit Agreement • January 15th, 2013 • Kodiak Oil & Gas Corp • Oil & gas field exploration services • New York

This Seventh Amendment to Amended and Restated Credit Agreement (this “Seventh Amendment”) effective as of the Seventh Amendment Effective Date (as defined below) is among Kodiak Oil & Gas (USA) Inc., a Colorado corporation (the “Borrower”), each of the Lenders that is a signatory hereto and Wells Fargo Bank, N.A., as administrative agent for the Lenders (in such capacity, together with its successors, the “Administrative Agent”).

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