BERRY PETROLEUM COMPANY OPTION AGREEMENT This Option Agreement ("Agreement") is made effective as of November 23, 2004 ("Grant Date"), by and between BERRY PETROLEUM COMPANY, a Delaware corporation (the "Company"), and Michael Duginski ("Grantee")....Option Agreement • November 24th, 2004 • Berry Petroleum Co • Crude petroleum & natural gas • California
PURCHASE AND SALE AGREEMENT AERA ENERGY LLCPurchase and Sale Agreement • February 26th, 1999 • Berry Petroleum Co • Crude petroleum & natural gas • California
PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • March 10th, 2004 • Berry Petroleum Co • Crude petroleum & natural gas • Utah
AMENDED AND RESTATED CREDIT AGREEMENT among BERRY PETROLEUM COMPANY as Borrower BANK OF AMERICA, N.A. as Administrative Agent and as a Bank and as Letter of Credit Issuer THE FIRST NATIONAL BANK OF CHICAGO as Documentation Agent and as a Bank and The...Credit Agreement • February 28th, 2000 • Berry Petroleum Co • Crude petroleum & natural gas • Texas
SALARY CONTINUATION AGREEMENT THIS SALARY CONTINUATION AGREEMENT (this "Agreement") is made and entered into effective as of December 5, 1997, by and between BERRY PETROLEUM COMPANY, a Delaware corporation ("Berry"), and JERRY V. HOFFMAN ("Employee"),...Salary Continuation Agreement • March 11th, 1998 • Berry Petroleum Co • Crude petroleum & natural gas • California
STANDARD OFFER #2 POWER PURCHASE AGREEMENTPower Purchase Agreement • March 24th, 1997 • Berry Petroleum Co • Crude petroleum & natural gas • California
Date: 30/July/02 By: s/s Mike Purdy Mike Purdy Manager Lease Crude Oil Acquisitions Date: 7/30/02Purchase Contract • March 12th, 2003 • Berry Petroleum Co • Crude petroleum & natural gas • Colorado
THIS AGREEMENT is made and entered into by and between EQUIVA TRADING COMPANY, a Delaware General Partnership ("Buyer"), and BERRY PETROLEUM COMPANY, a Delaware Corporation, ("Seller") acting for itself and in its capacity as the Operator of the attached listed properties for the benefit of itself, and sets forth the terms, conditions and provisions under which Seller will sell and deliver and Buyer will purchase and receive certain crude oil.
BERRY PETROLEUM COMPANY $600,000,000 63/8% Senior Notes due 2022 Underwriting AgreementUnderwriting Agreement • March 9th, 2012 • Berry Petroleum Co • Crude petroleum & natural gas • New York
Berry Petroleum Company, a Delaware corporation (the “Company”), proposes to issue and sell to the several Underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom Wells Fargo Securities, LLC is acting as representative (the “Representative”), $600,000,000 principal amount of its 63/8% Senior Notes due 2022 (the “Securities”). The Securities will be issued pursuant to an Indenture dated as of June 15, 2006 (the “Indenture”) between the Company and Wells Fargo Bank, National Association, as trustee (the “Trustee”). The term “Indenture,” as used herein, includes the supplemental indenture establishing the forms and terms of the Securities pursuant to Section 901 of the Indenture.
1 S T O C K P U R C H A S E A G R E E M E N T This Stock Purchase Agreement ("Agreement") is between Exxon Corporation, a New Jersey Corporation with an address of P.O. Box 2180, Houston, Texas 77252-2180 ("Exxon"), as seller, and Berry Petroleum...Stock Purchase Agreement • December 17th, 1996 • Berry Petroleum Co • Crude petroleum & natural gas • Texas
PURCHASE AND SALE AGREEMENT By and Between Berry Petroleum Company and Tannehill Electric Company, Inc. Dated November 8, 1996 TABLE OF CONTENTSPurchase and Sale Agreement • December 2nd, 1996 • Berry Petroleum Co • Crude petroleum & natural gas • California
PURCHASE AND SALE AGREEMENT By and Between Berry Petroleum Company and Tannehill Oil Company, Inc. Dated November 8, 1996Purchase and Sale Agreement • December 2nd, 1996 • Berry Petroleum Co • Crude petroleum & natural gas • California
First Supplemental IndentureFirst Supplemental Indenture • May 29th, 2009 • Berry Petroleum Co • Crude petroleum & natural gas • Colorado
This FIRST SUPPLEMENTAL INDENTURE, dated as of May 27, 2009 between Berry Petroleum Company, a corporation duly organized and existing under the laws of the State of Delaware (herein called the “Company”), having its principal office at 1999 Broadway, Suite 3700, Denver, Colorado 80202, and Wells Fargo Bank, National Association, a national banking association duly organized and existing under the laws of the United States of America, as trustee (herein called the “Trustee”).
CREDIT AGREEMENTCredit Agreement • December 19th, 1996 • Berry Petroleum Co • Crude petroleum & natural gas • Texas
BERRY PETROLEUM COMPANY 2010 EQUITY INCENTIVE PLAN PERFORMANCE-BASED RESTRICTED STOCK UNIT AWARD AGREEMENTPerformance-Based Restricted Stock Unit Award Agreement • March 4th, 2011 • Berry Petroleum Co • Crude petroleum & natural gas • Colorado
Unless otherwise defined herein, the terms defined in the Berry Petroleum Company 2010 Equity Incentive Plan (the “Plan”) shall have the same defined meanings in this Performance-Based Restricted Stock Unit Award Agreement.
BERRY PETROLEUM COMPANY 2005 EQUITY INCENTIVE PLAN PERFORMANCE-BASED RESTRICTED STOCK UNIT AWARD AGREEMENTPerformance-Based Restricted Stock Unit Award Agreement • March 19th, 2010 • Berry Petroleum Co • Crude petroleum & natural gas • Colorado
Unless otherwise defined herein, the terms defined in the Berry Petroleum Company 2005 Equity Incentive Plan (the “Plan”) shall have the same defined meanings in this Performance-Based Restricted Stock Unit Award Agreement.
Rights Agent RIGHTS AGREEMENTRights Agreement • December 7th, 1999 • Berry Petroleum Co • Crude petroleum & natural gas • New York
SECOND AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • November 17th, 2010 • Berry Petroleum Co • Crude petroleum & natural gas • California
THIS SECOND AMENDED AND RESTATED CREDIT AGREEMENT is made as of November 15, 2010, by and among BERRY PETROLEUM COMPANY, a Delaware corporation (herein called “Borrower”), WELLS FARGO BANK, N.A., individually and as Administrative Agent (herein called “Administrative Agent”), LC Issuer, and Swing Line Lender, and the Lenders referred to below.
NEWHALL PHASE IIPower Purchase Agreement • February 26th, 1999 • Berry Petroleum Co • Crude petroleum & natural gas • California
THIRD AMENDMENT TO RESTRUCTURING SUPPORT AGREEMENTRestructuring Support Agreement • October 11th, 2016 • Berry Petroleum Company, LLC • Crude petroleum & natural gas • Texas
This THIRD AMENDMENT TO RESTRUCTURING SUPPORT AGREEMENT, dated as of October 7, 2016 (this “Third Amendment”), is made and entered into by and among: (i) LinnCo, LLC and Linn Energy, LLC, on behalf of itself and its direct and indirect subsidiaries other than Berry Petroleum Company, LLC (“Berry”) and Linn Acquisition Company, LLC (“LAC”) (together with its direct and indirect subsidiaries other than Berry and LAC, “LINN”); (ii) Berry and LAC (together with LINN, the “Company”); (iii) the undersigned holders (together with their permitted successors and assigns, each a “Consenting LINN Lender”) of claims pursuant to that certain Sixth Amended and Restated Credit Agreement, dated as of April 24, 2013, as amended (the “LINN Credit Agreement”); (iv) the undersigned holders (together with their permitted successors and assigns, each a “Consenting Berry Lender,” and together with the Consenting LINN Lenders, the “Consenting Creditors”) of claims pursuant to that certain Second Amended and R
BERRY PETROLEUM COMPANYRestricted Stock Unit Award Agreement • March 4th, 2011 • Berry Petroleum Co • Crude petroleum & natural gas • Colorado
Unless otherwise defined herein, the terms defined in the Berry Petroleum Company 2010 Equity Incentive Plan shall have the same defined meanings in this Restricted Stock Unit Award Agreement.
Agreement and plan of merger by and among BERRY PETROLEUM COMPANY, BACCHUS HOLDCO, INC. BACCHUS MERGER SUB, INC. LINNCO, LLC, LINN ACQUISITION COMPANY, LLC and LINN ENERGY, LLC Dated as of February 20, 2013Merger Agreement • February 21st, 2013 • Berry Petroleum Co • Crude petroleum & natural gas • Delaware
This AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of February 20, 2013, is by and among Berry Petroleum Company, a Delaware corporation (the “Company”), Bacchus HoldCo, Inc., a Delaware corporation and a direct wholly owned subsidiary of the Company (“HoldCo”), Bacchus Merger Sub, Inc., a Delaware corporation and a direct wholly owned subsidiary of HoldCo (“Bacchus Merger Sub”), LinnCo, LLC, a Delaware limited liability company (“LinnCo”), Linn Acquisition Company, LLC, a Delaware limited liability company and a direct wholly owned subsidiary of LinnCo (“LinnCo Merger Sub”), and Linn Energy, LLC, a Delaware limited liability company (“Linn”).
EMPLOYMENT AGREEMENTEmployment Agreement • November 21st, 2008 • Berry Petroleum Co • Crude petroleum & natural gas • Colorado
THIS EMPLOYMENT AGREEMENT (“Agreement”) is entered into by and between Berry Petroleum Company, a Delaware corporation (the “Company”), and David D. Wolf, an individual (“Executive”) (collectively the “Parties”) with respect to the following facts:
SECOND AMENDMENT TO RESTRUCTURING SUPPORT AGREEMENTRestructuring Support Agreement • September 26th, 2016 • Berry Petroleum Company, LLC • Crude petroleum & natural gas • Texas
This SECOND AMENDMENT TO RESTRUCTURING SUPPORT AGREEMENT, dated as of September 23, 2016 (this “Second Amendment”), is made and entered into by and among: (i) LinnCo, LLC and Linn Energy, LLC, on behalf of itself and its direct and indirect subsidiaries other than Berry Petroleum Company, LLC (“Berry”) and Linn Acquisition Company, LLC (“LAC”) (together with its direct and indirect subsidiaries other than Berry and LAC, “LINN”); (ii) Berry and LAC (together with LINN, the “Company”); (iii) the undersigned holders (together with their permitted successors and assigns, each a “Consenting LINN Lender”) of claims pursuant to that certain Sixth Amended and Restated Credit Agreement, dated as of April 24, 2013, as amended (the “LINN Credit Agreement”); (iv) the undersigned holders (together with their permitted successors and assigns, each a “Consenting Berry Lender,” and together with the Consenting LINN Lenders, the “Consenting Creditors”) of claims pursuant to that certain Second Amended
BERRY PETROLEUM COMPANYStock Award Agreement • June 26th, 2006 • Berry Petroleum Co • Crude petroleum & natural gas • California
Unless otherwise defined herein, the terms defined in the Berry Petroleum Company 2005 Equity Incentive Plan shall have the same defined meanings in this Stock Award Agreement.
FOURTH AMENDMENT TO RESTRUCTURING SUPPORT AGREEMENTRestructuring Support Agreement • October 18th, 2016 • Berry Petroleum Company, LLC • Crude petroleum & natural gas • Texas
This FOURTH AMENDMENT TO RESTRUCTURING SUPPORT AGREEMENT, dated as of October 14, 2016 (this “Fourth Amendment”), is made and entered into by and among: (i) LinnCo, LLC and Linn Energy, LLC, on behalf of itself and its direct and indirect subsidiaries other than Berry Petroleum Company, LLC (“Berry”) and Linn Acquisition Company, LLC (“LAC”) (together with its direct and indirect subsidiaries other than Berry and LAC, “LINN”); (ii) Berry and LAC (together with LINN, the “Company”); (iii) Wells Fargo Bank, N.A., as administrative agent (the “LINN Agent”) under that certain Sixth Amended and Restated Credit Agreement, dated as of April 24, 2013, as amended; and (iv) Wells Fargo Bank, N.A., as administrative agent (the “Berry Agent,” and together with the LINN Agent, the “Agents”) under that certain Second Amended and Restated Credit Agreement, dated as of November 15, 2010, as amended, and amends that certain Restructuring Support Agreement, dated as of May 10, 2016, by and among the Com
CONTINUING GUARANTYContinuing Guaranty • November 22nd, 2005 • Berry Petroleum Co • Crude petroleum & natural gas • California
JOINDER AGREEMENTJoinder Agreement • December 4th, 2008 • Berry Petroleum Co • Crude petroleum & natural gas • California
This JOINDER AGREEMENT (the “Joinder Agreement”) is made as of the 2nd day of December, 2008 by and among BERRY PETROLEUM COMPANY, a Delaware corporation (“Borrower”), WELLS FARGO BANK, NATIONAL ASSOCIATION, individually and as LC Issuer, Swing Line Lender and Administrative Agent (in such capacity, “Administrative Agent”), and CALYON NEW YORK BRANCH (“New Lender”).
Exhibit A to Employment Agreement SALARY CONTINUATION AGREEMENTSalary Continuation Agreement • August 9th, 2004 • Berry Petroleum Co • Crude petroleum & natural gas • California
THIS SALARY CONTINUATION AGREEMENT (this "Agreement") is made and entered into effective as of June ___, 2004, by and between BERRY PETROLEUM COMPANY, a Delaware corporation ("Berry"), and ROBERT F. HEINEMANN ("Employee"), with reference to the following facts:
AGREEMENT TODAY’S DATE: 08/19/2009 DATE: 09/24/2009 PAGE: 1 OF 5 TO: BERRY PETROLEUM CO FROM: EXXONMOBIL OIL CORPORATION RON CROSS (303.999.4141) *** 3039994141 (FAX) *** (FAX)Crude Contract • October 30th, 2009 • Berry Petroleum Co • Crude petroleum & natural gas
THIS FORMALIZES OUR AGREEMENT TO AMEND THE REFERENCED AGREEMENT, WHICH HAD AN EFFECTIVE DATE OF 08/19/2009 ENTERED INTO BETWEEN EXXONMOBIL OIL CORPORATION,
PARENT SUPPORT AGREEMENTParent Support Agreement • March 31st, 2014 • Berry Petroleum Co • Crude petroleum & natural gas • Texas
This PARENT SUPPORT AGREEMENT dated as of March 25, 2014 (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) is made by LINN ENERGY, LLC, a Delaware limited liability company (the “Parent”), in favor of BERRY PETROLEUM COMPANY, LLC, a Delaware limited liability company (“Berry”).
EMPLOYMENT AGREEMENTEmployment Agreement • August 9th, 2004 • Berry Petroleum Co • Crude petroleum & natural gas • California
THIS EMPLOYMENT AGREEMENT ("Agreement") is entered into by and between Berry Petroleum Company, a Delaware corporation ("Company"), and Robert F. Heinemann, an individual ("Executive") (collectively the "Parties"), with respect to the following facts:
BERRY PETROLEUM COMPANYStock Option Agreement • March 4th, 2011 • Berry Petroleum Co • Crude petroleum & natural gas • Colorado
Unless otherwise defined herein, the terms defined in the Berry Petroleum Company 2010 Equity Incentive Plan shall have the same defined meanings in this Option Agreement.
BERRY PETROLEUM COMPANY 2005 EQUITY INCENTIVE PLAN STOCK OPTION AGREEMENTStock Option Agreement • July 29th, 2005 • Berry Petroleum Co • Crude petroleum & natural gas • California
Unless otherwise defined herein, the terms defined in the Berry Petroleum Company 2005 Equity Incentive Plan shall have the same defined meanings in this Option Agreement.
ContractChange in Control Severance Protection Agreement • August 24th, 2006 • Berry Petroleum Co • Crude petroleum & natural gas • California
Form of Change in Control Severance Protection Agreement Berry Petroleum Company Phone (661) 616-3900 5201 Truxtun Avenue, Suite 300 E-mail: ir@bry.com Bakersfield, California 93309-0640 Internet: www.bry.com
Big West of California, LLC A FLYING J INC CompanyCrude Oil Purchase Agreement • November 22nd, 2005 • Berry Petroleum Co • Crude petroleum & natural gas • Texas
