INTERCREDITOR AGREEMENT [Permitted Commodity Hedging Obligations and Permitted Letter of Credit Facilities]Intercreditor Agreement • April 5th, 2012 • Diamond Blue Drilling Co. • Crude petroleum & natural gas • New York
This INTERCREDITOR AGREEMENT (this “Agreement”) is entered into as of March 20, 2012, among BP CORPORATION NORTH AMERICA INC., an Indiana corporation (“Initial Counterparty”), each other Person that enters into a Secured Hedge Agreement and becomes a party to this Agreement pursuant to Section 25 (together with Initial Counterparty, the “Secured Hedge Providers”), each other Person that enters into a “Permitted Letter of Credit Facility” (as defined in the Indenture referred to below) and becomes a party to this Agreement pursuant to Section 25 (the “Secured LC Providers”) GMX RESOURCES INC., an Oklahoma corporation (“GMX”), each of the GUARANTORS, U.S. BANK NATIONAL ASSOCIATION, a national banking association, in its capacity as “Trustee” (as defined in the Indenture) under the Indenture referred to below (the “Trustee”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association, in its capacity as “Collateral Agent” (as defined in the Indenture) under the Indenture and this
