RESOLUTE ENERGY CORPORATION and CONTINENTAL STOCK TRANSFER & TRUST COMPANY RIGHTS AGREEMENT Dated as of May 17, 2016Rights Agreement • May 17th, 2016 • Resolute Energy Corp • Crude petroleum & natural gas • Delaware
This Rights Agreement, dated as of May 17, 2016, is by and between Resolute Energy Corporation, a Delaware corporation (the “Company”), and Continental Stock Transfer & Trust Company, a New York corporation, as rights agent (the “Rights Agent”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • April 10th, 2018 • Resolute Energy Corp • Crude petroleum & natural gas • New York
This REGISTRATION RIGHTS AGREEMENT, dated April 9, 2018 (this “Agreement”), is entered into by and among Resolute Energy Corporation, a Delaware corporation (the “Company”), the guarantors listed in Schedule 1 hereto (the “Initial Guarantors”) and the initial purchasers listed in Schedule 2 hereto (the “Initial Purchasers”). In the event that only one Initial Purchaser is listed in Schedule 2 hereto, any references to the “Initial Purchasers” shall be deemed to refer to the sole Initial Purchaser in the singular form
Third Amended And Restated Credit AgreementCredit Agreement • February 21st, 2017 • Resolute Energy Corp • Crude petroleum & natural gas • New York
This THIRD AMENDED AND RESTATED CREDIT AGREEMENT, dated as of February 17, 2017, is among RESOLUTE ENERGY CORPORATION, a Delaware corporation (the “Borrower”), certain subsidiaries of the Borrower as guarantors, each of the Lenders from time to time party hereto, BANK OF MONTREAL, as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the “Administrative Agent”), Capital One, National Association, as syndication agent for the Lenders (in such capacity, together with its successors in such capacity, the “Syndication Agent”), and Barclays Bank PLC, ING Capital LLC and SunTrust Bank, as co-documentation agents for the Lenders (in such capacity, together with their successors in such capacity, the “Co-Documentation Agents”).
INDEMNIFICATION AGREEMENTIndemnification Agreement • August 31st, 2009 • Resolute Energy Corp • Crude petroleum & natural gas • Delaware
This Indemnification Agreement, dated as of ___, 2009, is made by and between Resolute Energy Corporation, a Delaware corporation (the “Corporation”), and [name] (the “Indemnitee”).
RESOLUTE ENERGY CORPORATION Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • May 9th, 2013 • Resolute Energy Corp • Crude petroleum & natural gas • New York
Resolute Energy Corporation, a Delaware corporation (the “Company”) and certain stockholders of the Company named in Schedule II attached hereto (the “Selling Stockholders”), propose to sell an aggregate of 16,250,000 shares (the “Firm Stock”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”). Of the 16,250,000 shares of the Firm Stock, 13,250,000 are being sold by the Company and 3,000,000 are being sold by the Selling Stockholders. In addition, the Selling Stockholders propose to grant to the underwriters (the “Underwriters”) named in Schedule I attached to this agreement (this “Agreement”) an option to purchase up to 2,437,500 additional shares of the Common Stock on the terms set forth in Section 3 (the “Option Stock”). The Firm Stock and the Option Stock, if purchased, are hereinafter collectively called the “Stock”. This Agreement is to confirm the agreement concerning the purchase of the Stock from the Company and the Selling Stockholders by the Und
REGISTRATION RIGHTS AGREEMENT DATED AS OF DECEMBER 10, 2012 AMONG RESOLUTE ENERGY CORPORATION, THE GUARANTORS LISTED ON SCHEDULE I HERETO AND CITIGROUP GLOBAL MARKETS INC. BMO CAPITAL MARKETS INC. WELLS FARGO SECURITIES, LLC BARCLAYS CAPITAL INC. As...Registration Rights Agreement • December 11th, 2012 • Resolute Energy Corp • Crude petroleum & natural gas • New York
This Agreement is entered into in connection with the Purchase Agreement, dated as of December 5, 2012 (the “Purchase Agreement”), by and among the Company, the Guarantors and the Initial Purchasers, which provides for, among other things, the sale by the Company to the Initial Purchasers of $150,000,000 aggregate principal amount of the Company’s 8.50% Senior Notes due 2020 (the “Notes”). The Notes are issued under an indenture, dated as of April 25, 2012 (as amended or supplemented from time to time, the “Indenture”), among the Company, the Guarantors and U.S. Bank National Association, as trustee (the “Trustee”). Pursuant to the Purchase Agreement and the Indenture, the Guarantors are required to guarantee (collectively, the “Guarantees”) the Company’s obligations under the Notes and the Indenture. References to the “Securities” shall mean, collectively, the Notes and, when issued, the Guarantees. In order to induce the Initial Purchasers to enter into the Purchase Agreement, the Co
Purchase AgreementPurchase Agreement • April 10th, 2018 • Resolute Energy Corp • Crude petroleum & natural gas • New York
Resolute Energy Corporation, a Delaware corporation (the “Company”), proposes to issue and sell to the initial purchasers listed in Schedule 1 hereto (the “Initial Purchasers”), for whom you are acting as representative (the “Representative”), $75,000,000 aggregate principal amount of its 8.50% Senior Notes due 2020 (the “Notes”). In the event that only one Initial Purchaser is listed in Schedule 1 hereto, any references to the “Initial Purchasers” shall be deemed to refer to the sole Initial Purchaser in the singular form listed in such Schedule 1 to this Purchase Agreement (this “Agreement”).
EMPLOYMENT AGREEMENTEmployment Agreement • February 13th, 2017 • Resolute Energy Corp • Crude petroleum & natural gas • Colorado
This Employment Agreement (this “Agreement”) is made by and between Resolute Energy Corporation, a Delaware corporation (the “Company”), and James M. Piccone (“Employee”) effective as of January 1, 2017 (the “Effective Date”).
RESOLUTE ENERGY CORPORATIONPurchase Agreement • May 12th, 2017 • Resolute Energy Corp • Crude petroleum & natural gas • New York
Resolute Energy Corporation, a Delaware corporation (the “Company”), proposes to issue and sell to the initial purchasers listed in Schedule 1 hereto (the “Initial Purchasers”), for whom you are acting as representative (the “Representative”), $125,000,000 aggregate principal amount of its 8.50% Senior Notes due 2020 (the “Notes”). In the event that only one Initial Purchaser is listed in Schedule 1 hereto, any references to the “Initial Purchasers” shall be deemed to refer to the sole Initial Purchaser in the singular form listed in such Schedule 1.
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • May 12th, 2017 • Resolute Energy Corp • Crude petroleum & natural gas • New York
This REGISTRATION RIGHTS AGREEMENT, dated May 12, 2017 (this “Agreement”), is entered into by and among Resolute Energy Corporation, a Delaware corporation (the “Company”), the guarantors listed in Schedule 1 hereto (the “Initial Guarantors”), and BMO Capital Markets Corp. (“BMO”) and Goldman Sachs & Co. LLC (“GS” and, together with BMO, the “Initial Purchasers”).
PURCHASE AND SALE AGREEMENT BETWEEN RESOLUTE NATURAL RESOURCES SOUTHWEST, LLC AS SELLER AND WISHBONE TEXAS OPERATING COMPANY LLC AS BUYER January 17, 2017Purchase and Sale Agreement • February 23rd, 2017 • Resolute Energy Corp • Crude petroleum & natural gas • New Mexico
This Purchase and Sale Agreement (this “Agreement”) is made and entered into this January 17, 2017 (the “Execution Date”), by and between RESOLUTE NATURAL RESOURCES SOUTHWEST, LLC, a Delaware limited liability company (“Seller”), and Wishbone Texas Operating Company LLC, a Texas limited liability company (“Buyer”). Buyer and Seller are collectively referred to as the “Parties” and individually as a “Party.”
STOCK PURCHASE AGREEMENTStock Purchase Agreement • September 23rd, 2009 • Resolute Energy Corp • Crude petroleum & natural gas • New York
STOCK PURCHASE AGREEMENT (this “Agreement”) made as of this 22nd day of September, 2009 between Hicks Acquisition Company I, Inc., a Delaware corporation (“Buyer” or “HACI”) and the signatory on the execution page hereof (“Seller”).
STOCK PURCHASE AGREEMENTStock Purchase Agreement • September 23rd, 2009 • Resolute Energy Corp • Crude petroleum & natural gas • New York
STOCK PURCHASE AGREEMENT (this “Agreement”) made as of this 22nd day of September, 2009 between Hicks Acquisition Company I, Inc., a Delaware corporation (“Buyer” or “HACI”) and the signatory on the execution page hereof (“Seller”).
SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE REDACTED TERMS HAVE BEEN MARKED...Carbon Dioxide Sale and Purchase Agreement • August 31st, 2009 • Resolute Energy Corp • Crude petroleum & natural gas • Texas
THIS CARBON DIOXIDE SALE AND PURCHASE AGREEMENT (“Agreement”) is made and entered into effective as of the 1st day of July, 2006, by and between ExxonMobil Gas & Power Marketing Company (a division of Exxon Mobil Corporation), as agent for Mobil Producing Texas & New Mexico, Inc. (“Seller”), and Resolute Aneth, LLC (“Buyer”).
SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE REDACTED TERMS HAVE BEEN MARKED...Product Sale and Purchase Contract • August 31st, 2009 • Resolute Energy Corp • Crude petroleum & natural gas • Texas
THIS CONTRACT, is made and entered into as of the “Effective Date” of July 1, 2007 by and between Resolute Natural Resources Company individually and on behalf of working interest owners in Aneth Unit, McElmo Creek Unit, and Ratherford Unit with a business address of 1675 Broadway, Suite 1950, Denver, CO 80202 (“Buyer”) and Kinder Morgan CO2 Company, L.P., a Texas Limited Partnership, with a business address of 500 Dallas, Suite 1000, Houston, TX 77002 (“Seller”).
EXECUTIVE CHAIRMAN AGREEMENTExecutive Chairman Agreement • January 4th, 2017 • Resolute Energy Corp • Crude petroleum & natural gas • Colorado
This Executive Chairman Agreement (this “Agreement”) is made by and between Resolute Energy Corporation, a Delaware corporation (the “Company”), and Nicholas J. Sutton (“Employee”) effective as of January 1, 2017 (the “Effective Date”).
FIFTH AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT Dated December 27, 2012 Among RESOLUTE ENERGY CORPORATION, as Borrower, CERTAIN OF ITS SUBSIDIARIES, as Guarantors, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, and...Credit Agreement • December 31st, 2012 • Resolute Energy Corp • Crude petroleum & natural gas • New York
THIS FIFTH AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Fifth Amendment”), dated as of December 27, 2012, is by and among Resolute Energy Corporation, a Delaware corporation (the “Borrower”), certain of its subsidiaries (collectively, the “Guarantors”), Wells Fargo Bank, National Association, as Administrative Agent (the “Administrative Agent”) and the lenders party hereto (the “Lenders”).
ASSET SALE AGREEMENT ANETH UNIT, RATHERFORD UNIT AND MCELMO CREEK UNIT SAN JUAN COUNTY, UTAH between CHEVRON U.S.A. INC. (as Seller) And RESOLUTE NATURAL RESOURCES COMPANY and NAVAJO NATION OIL AND GAS COMPANY, INC. (as Buyer) Dated October 22, 2004Asset Sale Agreement • August 6th, 2009 • Resolute Energy Corp • Texas
THIS ASSET SALE AGREEMENT (this “Agreement”), dated October 22, 2004, is between CHEVRON U.S.A. INC., a Pennsylvania corporation with a mailing address of 1111 Bagby, Houston, Texas 77002 (“Seller”) and RESOLUTE NATURAL RESOURCES COMPANY (“RNRC”) , a Delaware corporation with a mailing address of 1675 Broadway, Suite 1950, Denver, Colorado 80202 and NAVAJO NATION OIL AND GAS COMPANY, INC., (“NNOG”) a corporation organized under the Section 17 of the Indian Reorganization Act, as amended, 25 U.S.C. § 477 with a mailing address of P.O. Box 4439, Window Rock, Arizona 86515 (RNRC and NNOG together, “Buyer”).
PURCHASE AND SALE AGREEMENT BETWEEN EXXON MOBIL CORPORATION, EXXONMOBIL OIL CORPORATION, MOBIL EXPLORATION AND PRODUCING NORTH AMERICA INC., MOBIL PRODUCING TEXAS & NEW MEXICO INC. AND MOBIL EXPLORATION & PRODUCING U.S. INC. AND RESOLUTE ANETH,...Purchase and Sale Agreement • August 6th, 2009 • Resolute Energy Corp • Texas
This Purchase and Sale Agreement (“Agreement”) is between Exxon Mobil Corporation, a New Jersey corporation, ExxonMobil Oil Corporation, a New York corporation, Mobil Exploration and Producing North America Inc, a Nevada corporation Mobil Producing Texas & New Mexico Inc., a Delaware corporation and Mobil Exploration & Producing U.S. Inc., a Delaware corporation whose address is P. O. Box 2180, Houston, Texas 77252-2180 (hereinafter sometimes collectively or individually referred to as “ExxonMobil”), as seller, and Resolute Aneth, LLC, a Delaware limited liability company, with an address of 1675 Broadway, Suite 1950, Denver CO. 80202 and Navajo Nation Oil and Gas Company, a Federal corporation with an address of P.O. Box 4439, Window Rock, AZ 86515 (hereinafter collectively referred to as “Buyer”), effective on the Execution Date.
SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE REDACTED TERMS HAVE BEEN MARKED...Cooperative Agreement • August 6th, 2009 • Resolute Energy Corp • New Mexico
This COOPERATIVE AGREEMENT (“Agreement”) is executed to be effective as of October 22, 2004, at 7:00 a.m. local time in the Greater Aneth Field, San Juan County, Utah (“Effective Time”) between RESOLUTE NATURAL RESOURCES COMPANY (“Resolute”), a Delaware corporation, and NAVAJO NATION OIL AND GAS COMPANY (“NNOG”), a Federal corporation.
AGREEMENT AND PLAN OF MERGER by and among CIMAREX ENERGY CO., CR SUB 1 INC., CR SUB 2 LLC and RESOLUTE ENERGY CORPORATION Dated as of November 18, 2018Merger Agreement • November 20th, 2018 • Resolute Energy Corp • Crude petroleum & natural gas • Delaware
AGREEMENT AND PLAN OF MERGER, dated as of November 18, 2018 (this “Agreement”), by and among Cimarex Energy Co., a Delaware corporation (“Parent”), CR Sub 1 Inc., a Delaware corporation and a direct wholly owned subsidiary of Parent (“Merger Sub 1”), CR Sub 2 LLC, a Delaware limited liability company and a direct wholly owned subsidiary of Parent (“Merger Sub 2” and, together with Merger Sub 1, the “Merger Subs”), and Resolute Energy Corporation, a Delaware corporation (the “Company”).
PURCHASE, SALE AND OPTION AGREEMENT BY AND AMONG RSP PERMIAN, L.L.C., WALLACE FAMILY PARTNERSHIP, LP, AND TED COLLINS, JR. AS SELLERS AND RESOLUTE NATURAL RESOURCES SOUTHWEST, LLC AS BUYERPurchase and Sale Agreement • December 31st, 2012 • Resolute Energy Corp • Crude petroleum & natural gas • Texas
This Purchase, Sale and Option Agreement (this “Agreement”) is made and entered into this 28th day of December, 2012, by and among RSP Permian, L.L.C., a Delaware limited liability company (“RSP”), Wallace Family Partnership, LP, a Texas limited partnership (“Wallace”), Ted Collins, Jr., an individual (“Collins”; RSP, Wallace and Collins being sometimes referred to herein, collectively, as “Sellers” and, individually, as “Seller”) and Resolute Natural Resources Southwest, LLC, a Delaware limited liability company (“Buyer”). Buyer and Sellers are sometimes referred to herein, collectively, as the “Parties” and, individually, as a “Party.”
RESOLUTE ENERGY CORPORATION EQUITY INCENTIVE GRANT AGREEMENTEquity Incentive Grant Agreement • February 16th, 2018 • Resolute Energy Corp • Crude petroleum & natural gas • Delaware
This Equity Incentive Grant Agreement (this “Agreement”) between RESOLUTE ENERGY CORPORATION (the “Corporation”) and [name] (“Participant”) is dated as of February 13, 2018 (the “Date of Grant”).
SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE REDACTED TERMS HAVE BEEN MARKED...Cooperative Agreement • August 6th, 2009 • Resolute Energy Corp
This FIRST AMENDMENT of COOPERATIVE AGREEMENT (this “Amendment”) is executed to be effective as of October 21, 2005 between RESOLUTE ANETH, LLC (“Resolute”), a Delaware limited liability company, and NAVAJO NATION OIL AND GAS COMPANY, INC. (“NNOG”), a Federal corporation. Resolute and NNOG are sometimes referred to herein individually as a “Party” or together as the “Parties.”
SIXTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT Dated September 17, 2009 Among RESOLUTE ANETH, LLC, as Borrower, WACHOVIA BANK, NATIONAL ASSOCIATION, as Administrative Agent, WELLS FARGO BANK, NATIONAL ASSOCIATION and BMO CAPITAL MARKETS...Credit Agreement • September 22nd, 2009 • Resolute Energy Corp • Crude petroleum & natural gas • New York
THIS SIXTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Sixth Amendment”), dated as of September 17, 2009, is by and among Resolute Aneth, LLC, a Delaware limited liability company (the “Borrower”), Resolute Holdings Sub, LLC, a Delaware limited liability company, and certain of its subsidiaries (collectively, the “Guarantors”), Wachovia Bank, National Association, as Administrative Agent (the “Administrative Agent”), Wells Fargo Bank, National Association and BMO Capital Markets Financing, Inc., as Co-Syndication Agents (the “Co-Syndication Agents”), Deutsche Bank Securities Inc. and Fortis Capital Corp., as Co-Documentation Agents (the “Co-Documentation Agents”) and the other Lenders party hereto (the “Lenders”).
PURCHASE AND SALE AGREEMENT BY AND AMONGPurchase and Sale Agreement • May 3rd, 2017 • Resolute Energy Corp • Crude petroleum & natural gas • Texas
THIS PURCHASE AND SALE AGREEMENT (as the same may be amended, restated, supplemented or otherwise modified from time to time in accordance herewith, this “Agreement”) is entered into this 3rd day of March, 2017 (the “Execution Date”), between CP Exploration II, LLC, a Delaware limited liability company (“CPX”), and PetroCap CPX, LLC, a Texas limited liability company (“PetroCap” and together with CPX, collectively, “Seller” and each, individually, a “Seller Party”), and Resolute Natural Resources Southwest, LLC, a Delaware limited liability company (“Buyer”). Buyer and Seller may be referred to collectively as the “Parties” or individually as a “Party.”
REGISTRATION RIGHTS AGREEMENT BY AND BETWEEN RESOLUTE ENERGY CORPORATIONRegistration Rights Agreement • October 7th, 2016 • Resolute Energy Corp • Crude petroleum & natural gas • Delaware
This REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made and entered into as of October 4, 2016 by and between Resolute Energy Corporation, a Delaware corporation (the “Company”), and Firewheel Energy, LLC, a Delaware limited liability company (“Firewheel”), a holder of outstanding common shares of Common Stock of the Company.
EIGHTH AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT Dated December 13, 2013 Among RESOLUTE ENERGY CORPORATION, as Borrower, CERTAIN OF ITS SUBSIDIARIES, as Guarantors, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, BANK...Credit Agreement • December 19th, 2013 • Resolute Energy Corp • Crude petroleum & natural gas • New York
THIS EIGHTH AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Eighth Amendment”), dated as of December 13, 2013, is by and among Resolute Energy Corporation, a Delaware corporation (the “Borrower”), certain of its subsidiaries (collectively, the “Guarantors”), Wells Fargo Bank, National Association, as Administrative Agent (the “Administrative Agent”) and the lenders party hereto (the “Lenders”).
FORM OF RESOLUTE ENERGY CORPORATION STOCK OPTION AGREEMENT (Incentive Stock Option) (Executive Officers)Stock Option Agreement • February 22nd, 2016 • Resolute Energy Corp • Crude petroleum & natural gas • Delaware
This Stock Option Agreement (Incentive (this “Agreement”) between RESOLUTE ENERGY CORPORATION (the “Corporation”) and ____________ (“Participant”) is dated as of February 18, 2016 (the “Date of Grant”).
SECURED TERM LOAN AGREEMENT Dated as of December 30, 2014 among Resolute Energy Corporation as Borrower, Certain of its Subsidiaries, as Guarantors, Bank of Montreal, as Administrative Agent, and The Lenders Party Hereto BMO Capital Markets Corp as...Secured Term Loan Agreement • December 31st, 2014 • Resolute Energy Corp • Crude petroleum & natural gas • New York
This SECURED TERM LOAN AGREEMENT, dated as of December 30, 2014, is among Resolute Energy Corporation, a Delaware corporation (the “Borrower”), certain subsidiaries of the Borrower as guarantors, each of the Lenders from time to time party hereto and Bank of Montreal, as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the “Administrative Agent”).
AMENDMENT TO CRUDE OIL PURCHASE AGREEMENTCrude Oil Purchase Agreement • December 14th, 2015 • Resolute Energy Corp • Crude petroleum & natural gas
This Amendment to Crude Oil Purchase Agreement (“Amendment”) is entered into between Resolute Natural Resources Company, LLC (“Resolute”) and Western Refining Southwest, Inc. (“Western Southwest”). Navajo Nation Oil and Gas Company (“NNOGC”) acknowledges and consents to this Amendment as set forth below.
GAS SALES AND PURCHASE CONTRACT between RIM OFFSHORE, INC. and WESTERN GAS RESOURCES, INC. Dated: April 12, 1995 Hilight Complex Campbell County, WyomingGas Sales and Purchase Contract • August 31st, 2009 • Resolute Energy Corp • Crude petroleum & natural gas
THIS CONTRACT, made and entered into as of the 12th day of April, 1995 and to be effective the 1st day of April, 1995, by and between RIM OFFSHORE INC., Inverness Drive East, Englewood, Colorado 80112, for itself and as agent for MORSE ACQUISITION LIMITED LIABILITY COMPANY and PASEO RESOURCES LIMITED LIABILITY COMPANY, all successors in interest to GLG ENERGY, L.P. and hereinafter referred to as “Producer”, and WESTERN GAS RESOURCES, INC., 12200 N. Pecos Street, Denver, Colorado 80234, hereinafter referred to as “Processor.”
FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT Dated June 27, 2007 Among RESOLUTE ANETH, LLC, as Borrower and WACHOVIA BANK, NATIONAL ASSOCIATION, as Administrative Agent CITIGROUP GLOBAL MARKETS INC., as Syndication Agent And The Lenders...Credit Agreement • August 6th, 2009 • Resolute Energy Corp • New York
THIS FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this “First Amendment”), dated effective as of June 27, 2007, is by and among Resolute Aneth, LLC, a Delaware limited liability company (the “Borrower”), Resolute Holdings Sub, LLC, a Delaware limited liability company and certain of its subsidiaries (collectively, the “Guarantors”), Wachovia Bank, National Association, as Administrative Agent (the “Administrative Agent”), Citigroup Global Markets Inc., as Syndication Agent (the “Syndication Agent”) and Deutsche Bank Securities, Inc., Fortis Capital Corp. and U.S. Bank National Association, as Co-Documentation Agents, (the “Co-Documentation Agents”) and the other Lenders party hereto (the “Lenders”).
May 29, 2009Termination Notice • August 6th, 2009 • Resolute Energy Corp
This letter is to advise you that Western Refining Southwest, Inc. (“Western”) has elected to terminate the referenced Agreement. Under the “Term” section on page 1 of the Agreement, the Agreement was effective on May 1, 2008, with automatic month-to-month extensions thereafter subject to a ninety (90) day written notice of cancellation.
June 1, 2010Consulting Agreement • August 12th, 2010 • Resolute Energy Corp • Crude petroleum & natural gas • Delaware
This letter agreement (the “Letter Agreement”) sets forth the terms and conditions of your consulting arrangement with Resolute Energy Corporation, a Delaware corporation (“Resolute”). You will serve Resolute in a consulting capacity for a period commencing on June 1, 2010 and terminating on December 31, 2010 (the “Consulting Term”). Notwithstanding the Consulting Term, you or Resolute may terminate this consulting arrangement at any time, for any reason or no reason, upon written notice.
