AMENDMENT FOR INCREASED COMMITMENT
Exhibit 10(a)
AMENDMENT FOR INCREASED COMMITMENT
THIS AMENDMENT FOR INCREASED COMMITMENT (this “Amendment”) is made as of the
31st day of March, 2007, by and among Denbury Onshore, LLC, a Delaware limited liability
company (“Borrower”), JPMorgan Chase Bank, N.A., as Administrative Agent under the Credit
Agreement (as defined below) (“Administrative Agent”), and the Banks party hereto
(“Supplemental Banks”).
Borrower, Administrative Agent and certain other Banks and Agents, as described and defined in
the Credit Agreement, are parties to that certain Sixth Amended and Restated Credit Agreement dated
as of September 14, 2006 (as amended, supplemented, or restated, the “Credit Agreement”).
All terms used herein and not otherwise defined shall have the same meaning given to them in the
Credit Agreement.
Pursuant to Section 15.10(f) of the Credit Agreement, Borrower has the right to increase the
Total Commitment by obtaining additional or increased Commitments upon satisfaction of certain
conditions. This Amendment requires only the signature of Borrower, Administrative Agent and
Supplemental Banks so long as the Total Commitment is not increased above the amount permitted by
the Credit Agreement.
Each Supplemental Bank is an existing Bank which is increasing its Commitment.
In consideration of the foregoing, each such Supplemental Bank, from and after the date
hereof, shall have a Commitment in the amount set forth on Schedule 1 attached hereto.
IN WITNESS WHEREOF, Administrative Agent, Borrower and Supplemental Banks have executed this
Amendment as of the date shown above.
(Remainder of Page Intentionally Left Blank)
| BORROWER | ||||||
| DENBURY ONSHORE, LLC, a Delaware limited liability company |
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| By: | /s/ Xxxx Xxxxxxx
|
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| Xxxx Xxxxxxx, Senior Vice President and Chief Financial Officer |
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[Signature Page to Amendment For Increased Commitment]
| ADMINISTRATIVE AGENT: | ||||||
| JPMORGAN CHASE BANK, N.A., as Administrative Agent |
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| By: | /s/ J. Xxxxx Xxxxxx
|
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| J. Xxxxx Xxxxxx, Senior Vice President |
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| SUPPLEMENTAL BANKS: | ||||||
| JPMORGAN CHASE BANK, N.A. | ||||||
| By: | /s/ J. Xxxxx Xxxxxx
|
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| J. Xxxxx Xxxxxx, Senior Vice President |
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[Signature Page to Amendment For Increased Commitment]
| SUPPLEMENTAL BANKS: | ||||||
| FORTIS CAPITAL CORP. | ||||||
| By: Name: |
/s/ Xxxxx Xxxxxxxxxx
|
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| Title: | Senior Vice President | |||||
| By: Name: |
/s/ Xxxxxxx Xxxxxx
|
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| Title: | Managing Director | |||||
[Signature Page to Amendment For Increased Commitment]
| SUPPLEMENTAL BANKS: | ||||||
| CALYON NEW YORK BRANCH | ||||||
| By: Name: |
/s/ Xxxxxxx X. Xxxxxx
|
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| Title: | Director | |||||
| By: | /s/ Xxxxxx X. Xxxxxx
|
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| Name: | Xxxxxx X. Xxxxxx | |||||
| Title: | Managing Director | |||||
[Signature Page to Amendment For Increased Commitment]
| SUPPLEMENTAL BANKS: | ||||||
| COMERICA BANK | ||||||
| By: | /s/Xxxxx X. Xxxxxx
|
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| Name: | Xxxxx Xxxxxx | |||||
| Title: | Vice President | |||||
[Signature Page to Amendment For Increased Commitment]
| SUPPLEMENTAL BANKS: | ||||||
| UNION BANK OF CALIFORNIA, N.A. | ||||||
| By: | /s/Xxxxxx Xxxxx | |||||
| Name: | Xxxxxx Xxxxx | |||||
| Title: | Investment Banking Officer | |||||
| By: | /s/Xxxx Xxxxxx | |||||
| Name: | Xxxx Xxxxxx | |||||
| Title: | Vice President | |||||
[Signature Page to Amendment For Increased Commitment]
| SUPPLEMENTAL BANKS: | ||||||
| XXXXX FARGO BANK, N.A. | ||||||
| By: | /s/ Xxxx X. Xxxxxxxx | |||||
| Name: | Xxxx X. Xxxxxxxx | |||||
| Title: | Senior Vice President | |||||
[Signature Page to Amendment For Increased Commitment]
| SUPPLEMENTAL BANKS: | ||||||
| BANK OF AMERICA, N.A. | ||||||
| By: | /s/Xxxxxxx X. Xxxxxxx | |||||
| Name: | Xxxxxxx X. Xxxxxxx | |||||
| Title: | Managing Director | |||||
[Signature Page to Amendment For Increased Commitment]
| SUPPLEMENTAL BANKS: | ||||||
| BANK OF SCOTLAND | ||||||
| By: | /s/Xxxxx Xxxxx | |||||
| Name: | Xxxxx Xxxxx | |||||
| Title: | Vice President | |||||
[Signature Page to Amendment For Increased Commitment]
| SUPPLEMENTAL BANKS: | ||||||
| COMPASS BANK | ||||||
| By: | /s/Xxxxxxx Xxxxxxxx | |||||
| Name: | Xxxxxxx Xxxxxxxx | |||||
| Title: | Senior Vice President | |||||
[Signature Page to Amendment For Increased Commitment]
SCHEDULE 1
Commitments
| Total | ||||||||
| Banks | Commitment Amount | Commitment Percentage | ||||||
JPMorgan Chase Bank, N.A. |
$ | 42,000,000.00 | 12.00 | % | ||||
Calyon New York Branch |
$ | 42,000,000.00 | 12.00 | % | ||||
Fortis Capital Corp. |
$ | 42,000,000.00 | 12.00 | % | ||||
Union Bank of California, N.A. |
$ | 42,000,000.00 | 12.00 | % | ||||
Comerica Bank |
$ | 42,000,000.00 | 12.00 | % | ||||
Bank of America, N.A. |
$ | 35,000,000.00 | 10.00 | % | ||||
Xxxxx Fargo Bank, N.A. |
$ | 35,000,000.00 | 10.00 | % | ||||
Bank of Scotland |
$ | 35,000,000.00 | 10.00 | % | ||||
Compass Bank |
$ | 35,000,000.00 | 10.00 | % | ||||
Totals: |
$ | 350,000,000.00 | 100.00 | % | ||||
Schedule 1
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