INDEMNIFICATION AGREEMENTIndemnification Agreement • July 13th, 2011 • NYTEX Energy Holdings, Inc. • Crude petroleum & natural gas • Delaware
This INDEMNIFICATION AGREEMENT is made and entered into as of April 1, 2011 (this “Agreement”), between NYTEX Energy Holdings, Inc., a Delaware corporation (the “Company”), and William Brehmer (“Indemnitee”).
EMPLOYMENT AGREEMENTEmployment Agreement • April 5th, 2012 • NYTEX Energy Holdings, Inc. • Crude petroleum & natural gas • Texas
THIS EMPLOYMENT AGREEMENT (the “Agreement”) is made and entered into effective as of the 5th day of March, 2011 by and between NYTEX Energy Holdings, Inc., a Delaware corporation (the “Company”), and Bryan Sinclair (the “Executive”).
OFFICE LEASE AGREEMENT BETWEEN YPI PARK CENTRAL PROPERTIES, L.P. (“LANDLORD”) AND NYTEX PETROLEUM, LLC (“TENANT”) FOUR FOREST PLAZA DALLAS, TEXASOffice Lease Agreement • August 12th, 2010 • NYTEX Energy Holdings, Inc. • Crude petroleum & natural gas
Re: Commencement Letter with respect to that certain Lease dated as of the _____ day of , ___, by and between YPI Park Central Properties, L.P., a Delaware limited partnership, as Landlord, and , a , as Tenant, for _____ rentable square feet on the _____ floor of the Building located at .
PARTICIPATION AGREEMENTParticipation Agreement • August 12th, 2010 • NYTEX Energy Holdings, Inc. • Crude petroleum & natural gas • Oklahoma
EMPLOYMENT AGREEMENTEmployment Agreement • April 15th, 2011 • NYTEX Energy Holdings, Inc. • Crude petroleum & natural gas • Delaware
This Employment Agreement (this “Agreement”) is made this 22 day of November, 2010, by and between NYTEX Energy Holdings, Inc., a Delaware Corporation (“Company”), and Kenneth K. Conte (“Executive”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • July 13th, 2011 • NYTEX Energy Holdings, Inc. • Crude petroleum & natural gas • New York
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • November 30th, 2010 • NYTEX Energy Holdings, Inc. • Crude petroleum & natural gas • New York
This Registration Rights Agreement (this “Agreement”) is made and entered into as of November 23, 2010, by and among NYTEX Energy Holdings, Inc. (the “Company”) and the holders listed on the Schedule of Holders attached hereto as Annex A and identified on the signature pages hereto (each a “Holder” and collectively, the “Holders”).
PLACEMENT AGENCY AGREEMENTPlacement Agency Agreement • April 15th, 2011 • NYTEX Energy Holdings, Inc. • Crude petroleum & natural gas • New York
NYTEX Energy Holdings, Inc., a Delaware corporation (the “Company”), hereby confirms its agreement (the “Agreement”) with National Securities Corporation, a Washington corporation (the “Placement Agent”) as follows:
EMPLOYMENT AGREEMENTEmployment Agreement • August 14th, 2014 • NYTEX Energy Holdings, Inc. • Crude petroleum & natural gas • Texas
REVOLVING CREDIT, TERM LOAN AND SECURITY AGREEMENT AMONG PNC BANK, NATIONAL ASSOCIATION AS LENDER AND AS AGENT AND NYTEX FDF ACQUISITION, INC., (AND UPON CONSUMMATION OF ACQUISITION PURSUANT TO THE ACQUISITION AGREEMENT) FRANCIS OAKS, L.L.C., AND...Revolving Credit, Term Loan and Security Agreement • November 30th, 2010 • NYTEX Energy Holdings, Inc. • Crude petroleum & natural gas • Texas
This Revolving Credit, Term Loan and Security Agreement dated as of November 23, 2010 by and among NYTEX FDF ACQUISITION, INC., a corporation formed under the laws of the State of Delaware (“Holdings”) and, upon consummation of the acquisition pursuant to the Acquisition Agreement (defined below), FRANCIS OAKS, L.L.C., a limited liability company formed under the laws of the State of Louisiana (“Francis Oaks”), FRANCIS’ DRILLING FLUIDS, LTD., a business corporation incorporated under the laws of the State of Louisiana (“Francis Drilling”; and together with Holdings and Francis Oaks, individually, each a “Borrower” and collectively, jointly and severally, the “Borrowers”), the financial institutions which are now or which hereafter become a party hereto (collectively, the “Lenders” and individually a “Lender”) and PNC BANK, NATIONAL ASSOCIATION (“PNC”), as agent for Lenders (PNC, in such capacity, together with its successors and assigns in such capacity, the “Agent”).
EMPLOYMENT, NON-COMPETITION AND NON-SOLICITATION AGREEMENTEmployment Agreement • April 15th, 2011 • NYTEX Energy Holdings, Inc. • Crude petroleum & natural gas • Texas
THIS AGREEMENT (“Agreement”) is made this 23rd day of November, 2010 by and between FRANCIS DRILLING FLUIDS, LTD., a Louisiana corporation with a principal place of business at 240 Jasmine Rd., Crowley, LA 70526 (the “Company” and/or “Francis Drilling”), and MICHAEL GALVIS, an individual residing at 6202 Mercedes Avenue Dallas TX 75214 (the “Employee”).
EMPLOYMENT AGREEMENTEmployment Agreement • August 12th, 2010 • NYTEX Energy Holdings, Inc. • Crude petroleum & natural gas • Delaware
This Employment Agreement (this “Agreement”) is made this 28th day of April, 2009, by and between NYTEX Energy Holdings, Inc., a Delaware Corporation (“Company”), and Georgianna Hanes (“Executive”).
SABLE OPERATING COMPANY AND THE LENDERS NAMED HEREIN LOAN AGREEMENTLoan Agreement • October 21st, 2014 • NYTEX Energy Holdings, Inc. • Crude petroleum & natural gas • Texas
THIS LOAN AGREEMENT, dated effective as of October 14, 2014, is entered into between SABLE OPERATING COMPANY, a Delaware corporation f/k/a NYTEX Petroleum, Inc. (the "Borrower") and ___________________, a ____________, _____________________, a ____________, _____________________, a _____________, _____________________, a ____________, _______________________, a ______________, _____________________, a ____________, (each a “Lender” and collectively, the “Lenders”)
ContractSecurities Purchase Agreement • November 10th, 2010 • NYTEX Energy Holdings, Inc. • Crude petroleum & natural gas • Texas
PREFERRED STOCK AND WARRANT PURCHASE AGREEMENT by and among NYTEX ENERGY HOLDINGS, INC., NYTEX FDF ACQUISITION, INC. and WAYPOINT NYTEX, LLC Senior Series A Redeemable Preferred Stock Series B Redeemable Preferred Stock Warrants to Purchase Shares of...Preferred Stock and Warrant Purchase Agreement • November 30th, 2010 • NYTEX Energy Holdings, Inc. • Crude petroleum & natural gas • New York
PREFERRED STOCK AND WARRANT PURCHASE AGREEMENT, dated as of November 23, 2010 (this “Agreement”), by and among NYTEX ENERGY HOLDINGS, INC., a Delaware corporation (“Parent”), NYTEX FDF ACQUISITION, INC., a Delaware corporation (the “Company”), and WayPoint Nytex, LLC, a Delaware limited liability company (together with its successors and assigns, the “Purchaser”).
PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • December 4th, 2012 • NYTEX Energy Holdings, Inc. • Crude petroleum & natural gas • Texas
This Purchase and Sale Agreement (“Agreement”) is made as of November 15, 2012 by and between NYTEX PETROLEUM, INC., a Delaware corporation (“NYTEX”) and NEWARK E&P, LLC, a Delaware limited liability company (“Newark”), (collectively, the “Parties”).
SUPREME VACUUM SERVICES, INC. VOTING TRUST AGREEMENTVoting Trust Agreement • June 7th, 2010 • NYTEX Energy Holdings, Inc. • Crude petroleum & natural gas
THIS VOTING TRUST AGREEMENT is entered into as of December 30, 2008, between the undersigned trustee (hereinafter, the “Trustee”) and Supreme Oilfield Services, Inc., a Delaware corporation (hereinafter, the “Stockholder”).
EMPLOYMENT, NON-COMPETITION AND NON-SOLICITATION AGREEMENTEmployment Agreement • April 15th, 2011 • NYTEX Energy Holdings, Inc. • Crude petroleum & natural gas • Louisiana
THIS AGREEMENT (“Agreement”) is made this 23rd day of November, 2010 by and between FRANCIS DRILLING FLUIDS, LTD., a Louisiana corporation with a principal place of business at 240 Jasmine Rd., Crowley, LA 70526 (the “Company” and/or “Francis Drilling”), and JUDE N. GREGORY, an individual residing at 1917 W. St. Mary Blvd., Lafayette, LA 70506 (the “Employee”).
Omnibus AgreementOmnibus Agreement • May 10th, 2012 • NYTEX Energy Holdings, Inc. • Crude petroleum & natural gas • New York
This Omnibus Agreement (this “Agreement”) is entered into as of May 4, 2012, by and among (i) NYTEX Energy Holdings, Inc. (“NYTEX Energy”), and NYTEX Petroleum, Inc. (collectively, “NYTEX Holdings”); (ii) WayPoint Capital Partners, LLC (“WCP”) and WayPoint Nytex, LLC (“WayPoint Nytex, and together with WCP and each of the subsidiaries of WCP and WayPoint Nytex, the “WayPoint Entities”); and (iii) NYTEX FDF Acquisition, Inc. (“NYTEX Acquisition”), New Francis Oaks, LLC (“New Francis”), Francis Drilling Fluids, Ltd. (“FDF”) and FDF-Cessna 210 N6542U, Inc. (“FDF-Cessna”) (NYTEX Acquisition, New Francis, FDF, FDF-Cessna and each of their subsidiaries, the “FDF Entities,” and together with the WayPoint Entities, the “WayPoint & FDF Entities”). Where applicable, NYTEX Holdings and the WayPoint & FDF Entities are collectively referred to as the “Parties” or each “Party.” Capitalized terms used and not otherwise defined herein have the meanings assigned to them in the Preferred Stock and Warra
EMPLOYMENT AGREEMENTEmployment Agreement • August 12th, 2010 • NYTEX Energy Holdings, Inc. • Crude petroleum & natural gas • Delaware
This Employment Agreement (this “Agreement”) is made this 13th day of April, 2009, by and between NYTEX Energy Holdings, Inc., a Delaware Corporation (“Company”), and Jason Lacewell (“Lacewell ”).
Oil Containment Boom Purchase/Rental AgreementOil Containment Boom Purchase/Rental Agreement • August 2nd, 2010 • NYTEX Energy Holdings, Inc. • Crude petroleum & natural gas
This Oil Containment Boom Purchase/Rental Agreement (the “Agreement”) is made and entered into this day of , 2010 by and between NYTEX Petroleum, Inc. (“NYTEX”) and (“Participant”) for the following purposes:
PURCHASE AND SALE AGREEMENT BETWEEN UPHAM OIL & GAS COMPANY, L.P., CRU JR. PRODUCING , L.P., UPHAM PRODUCING, L.P., BLU PRODUCING, L.P., MKU PRODUCING L.P., and RU PRODUCING L.P., ("UPHAM"), SELLER AND NYTEX PETROLEUM , INC, PURCHASER Effective:July...Purchase and Sale Agreement • October 21st, 2014 • NYTEX Energy Holdings, Inc. • Crude petroleum & natural gas • Texas
This PURCHASE AND SALE AGREEMENT (this "Agreement") dated as of the date of last acknowledgment herein but Effective for all purposes as of July 7, 2014 at 7:00 am (the "Effective Date and Time"), by and between Upham Oil & Gas Company, L.P., CRU Jr. Producing, L.P., Upham Producing, L.P., BLU Producing, L.P., MKU Producing L.P., and RU Producing L.P., ("Upham"), whose address is 999 Energy Avenue, P.O. Box 940, Mineral Wells, TX 76068, ("Seller"), and NYTEX Petroleum, Inc, a Delaware Corporation, whose address is 12222 Merit Dr., Suite 1850, Dallas, Texas 75251 ("Purchaser");
FIRST AMENDMENT TO REVOLVING CREDIT, TERM LOAN AND SECURITY AGREEMENT AND LIMITED WAIVERRevolving Credit, Term Loan and Security Agreement • November 4th, 2011 • NYTEX Energy Holdings, Inc. • Crude petroleum & natural gas • Texas
This FIRST AMENDMENT TO REVOLVING CREDIT, TERM LOAN AND SECURITY AGREEMENT AND LIMITED WAIVER (this “Amendment”) is made and entered into effective as of November 1, 2011 (the “Effective Date”), by and among NYTEX FDF ACQUISITION, INC., a corporation formed under the laws of the State of Delaware (“Holdings”), NEW FRANCIS OAKS, L.L.C., a limited liability company formed under the laws of the State of Delaware (“Francis Oaks”), FRANCIS’ DRILLING FLUIDS, LTD., a business corporation incorporated under the laws of the State of Louisiana (“Francis Drilling”; and together with Holdings and Francis Oaks, individually, each a “Borrower” and collectively, jointly and severally, the “Borrowers”), and PNC BANK, NATIONAL ASSOCIATION, as Lender and as Agent for the Lenders from time to time party thereto (the “Agent”).
EMPLOYMENT, NON-COMPETITION AND NON-SOLICITATION AGREEMENTEmployment Agreement • November 30th, 2010 • NYTEX Energy Holdings, Inc. • Crude petroleum & natural gas • Louisiana
THIS AGREEMENT (“Agreement”) is made this ___ day of November, 2010 by and between FRANCIS DRILLING FLUIDS, LTD., a Louisiana corporation with a principal place of business at 240 Jasmine Rd., Crowley, LA 70526 (the “Company” and/or “Francis Drilling”), and MICHAEL G. FRANCIS, an individual residing at 314 Judge Canan Drive, Crowley, LA 70526 (the “Employee”).
ESCROW AGREEMENTEscrow Agreement • November 30th, 2010 • NYTEX Energy Holdings, Inc. • Crude petroleum & natural gas • Texas
THIS ESCROW AGREEMENT (this “Agreement” or the “Escrow Agreement”) is made and entered into as of November __, 2010, by and among NYTEX FDF Acquisition, Inc. a Delaware corporation (“NYTEX”), Diana Istre Francis (“Diana Francis”), Bryan K. Francis (the “Seller Representative”), and The F&M Bank & Trust Company (the “Escrow Agent”). NYTEX, Diana Francis, Seller Representative and the Escrow Agent are sometimes referred to herein as the “Parties.”
EQUIPMENT LEASE AGREEMENT SCHEDULE A: RENTAL PAYMENTSEquipment Lease Agreement • April 15th, 2011 • NYTEX Energy Holdings, Inc. • Crude petroleum & natural gas
Schedule A is made a part of the Equipment Lease Agreement dated August 30, 2010 between PACCAR Financial Corp. (“Lessor”) and Francis Drilling Fluids, Ltd. (“Lessee”).
EXHIBIT B Revenue Sharing AgreementRevenue Sharing Agreement • August 12th, 2010 • NYTEX Energy Holdings, Inc. • Crude petroleum & natural gas • Texas
This Revenue Sharing Agreement (the “Agreement”) is made on this 19 day of May, 2010 by and between DMCB, Inc. (“DMCB”), with principle offices located at 503 South Street, Graham, Texas 76470 and NYTEX Petroleum, Inc. (“NYTEX”), with principle offices located at 12222 Merit Drive, Suite 1850, Dallas, Texas 75251, for the following purposes:
SUPREME VACUUM SERVICES, INC. VOTING TRUST AGREEMENTVoting Trust Agreement • June 7th, 2010 • NYTEX Energy Holdings, Inc. • Crude petroleum & natural gas
THIS VOTING TRUST AGREEMENT is entered into as of December 30, 2008, between the undersigned trustee (hereinafter, the “Trustee”) and Hill Martin (hereinafter, the “Stockholder”).
AGREEMENT AND PLAN OF MERGER by and among FDF RESOURCES HOLDINGS LLC, NEW FRANCIS OAKS, LLC, and NYTEX FDF ACQUISITION, INC. dated as of May 4, 2012Merger Agreement • May 10th, 2012 • NYTEX Energy Holdings, Inc. • Crude petroleum & natural gas • Delaware
This AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of May 4, 2012, is made and entered into by and among FDF RESOURCES HODINGS LLC, a Delaware limited liability company (the “Purchaser”), NEW FRANCIS OAKS, LLC, a Delaware limited liability company (the “Company”), and NYTEX FDF ACQUISITION, INC., a Delaware corporation and the sole member of the Company (the “Sole Member”). The Purchaser, the Company and the Sole Member are sometimes individually referred to herein as a “Party” and collectively as the “Parties.”
FORBEARANCE AGREEMENTForbearance Agreement • October 6th, 2011 • NYTEX Energy Holdings, Inc. • Crude petroleum & natural gas • New York
This FORBEARANCE AGREEMENT (this “Forbearance Agreement”) is entered into as of September 29, 2011 (the “Forbearance Effective Date”), by and among (i) NYTEX Energy Holdings, Inc. (“NYTEX Holdings”), (ii) NYTEX FDF Acquisition, Inc. (“NYTEX Acquisition”), (iii) WayPoint Nytex, LLC (“WayPoint”), (iv) New Francis Oaks, LLC (“New Francis”), and (v) Francis Drilling Fluids, Ltd. and any of its subsidiaries (collectively, “FDF”). Where applicable, NYTEX Holdings, NYTEX Acquisition, WayPoint, New Francis and FDF are collectively referred to as the “Parties” or each “Party.” Capitalized terms used and not otherwise defined herein have the meanings assigned to them in the Preferred Stock and Warrant Purchase Agreement, dated” as of November 23, 2010, among NYTEX Holdings, NYTEX Acquisition and WayPoint, as amended from time to time (collectively, the “WayPoint Purchase Agreement”) and all related agreements and documents, each as amended from time to time (collectively, together with the WayPo
ESCROW AGREEMENT among FDF RESOURCES HOLDINGS LLC and NYTEX FDF ACQUISITION, INC. and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Escrow Agent dated as of May 4, 2012Escrow Agreement • May 10th, 2012 • NYTEX Energy Holdings, Inc. • Crude petroleum & natural gas • New York
ESCROW AGREEMENT dated as of May 4, 2012, by and among THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., a national banking association (the “Escrow Agent”), the undersigned depositor (the “Depositor”) and the undersigned party (“Party B”; the Depositor and Party B are also individually herein referred to as an “Interested Party” and collectively as the “Interested Parties”).
BUSINESS LOAN AGREEMENT (ASSET BASED)Business Loan Agreement (Asset Based) • November 12th, 2009 • NYTEX Energy Holdings, Inc. • Texas
THIS BUSINESS LOAN AGREEMENT (ASSET BASED) dated August 15, 2008, is made and executed between Supreme Vacuum Services, Inc. (“Borrower”) and Broadway National Bank (“Lender”) on the following terms and conditions. Borrower has received prior commercial loans from Lender or has applied to Lender for a commercial loan or loans or other financial accommodations, including those which may be described on any exhibit or schedule attached to this Agreement. Borrower understands and agrees that: (A) in granting, renewing, or extending any Loan, Lender is relying upon Borrower’s representations, warranties, and agreements as set forth in this Agreement; (B) the granting, renewing, or extending of any Loan by Lender at all times shall be subject to Lender’s sole judgment and discretion; and (C) all such Loans shall be and remain subject to the terms and conditions of this Agreement.
AMENDMENT TO BRIDGE LOAN AGREEMENTBridge Loan Agreement • June 7th, 2010 • NYTEX Energy Holdings, Inc. • Crude petroleum & natural gas • Texas
This Amendment, dated January 31, 2010 (“Amendment”) is made to a Bridge Loan Agreement (“Agreement”) dated July 29th, 2009 between NYTEX Energy Holdings, Inc., a Delaware Corporation whose offices are located at 12222 Merit Drive, Suite 1850, Dallas, Texas 75251 (“NYTEX”), and
Settlement AgreementSettlement Agreement • May 10th, 2012 • NYTEX Energy Holdings, Inc. • Crude petroleum & natural gas • New York
This Settlement Agreement (this “Agreement”) is entered into as of May 4, 2012, by and among (i) NYTEX Energy Holdings, Inc. (“NYTEX Energy”), and NYTEX Petroleum, Inc. (collectively, “NYTEX Holdings”); (ii) WayPoint Capital Partners, LLC (“WCP”) and WayPoint Nytex, LLC (“WayPoint Nytex, and together with WCP and each of the subsidiaries of WCP and WayPoint Nytex, the “WayPoint Entities”); (iii) NYTEX FDF Acquisition, Inc. (“NYTEX Acquisition”), New Francis Oaks, LLC (“New Francis”), Francis Drilling Fluids, Ltd. (“FDF”) and FDF-Cessna 210 N6542U, Inc. (“FDF-Cessna”) (NYTEX Acquisition, New Francis, FDF, FDF-Cessna and each of their subsidiaries, the “FDF Entities,” and together with the WayPoint Entities, the “WayPoint & FDF Entities”) and (iv) Michael G. Francis (“Michael Francis”) and Bryan Francis (“Bryan Francis”). Where applicable, NYTEX Holdings and the WayPoint & FDF Entities are collectively referred to as the “Parties” or each “Party.” Capitalized terms used and not otherwise
EXHIBIT A Oil Containment Boom Rental AgreementOil Containment Boom Rental Agreement • August 2nd, 2010 • NYTEX Energy Holdings, Inc. • Crude petroleum & natural gas • Texas
This Oil Containment Boom Rental Agreement (the “Agreement”) is made on this 19th day of May, 2010 by and between Simpson Environmental Resources Corporation (“Simpson”), with principle offices in Texas and NYTEX Petroleum, Inc. (“NYTEX”), with principle offices located at 12222 Merit Drive, Suite 1850, Dallas, Texas 75251, for the following purposes:
