Contract
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NOTICE OF INCREASE OF AGGREGATE MAXIMUM REVOLVER AMOUNTAugust 17, 2004 Wachovia Bank, National Association Reference is made to that certain Revolving Credit and Term Loan Agreement dated as of July 16, 2004 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement“; terms defined in the Credit Agreement and not otherwise defined herein being used herein as therein defined), among Atlas Pipeline Partners, L.P., a Delaware limited partnership (the “Borrower“), the Guarantors named therein, the Lenders party thereto, and Wachovia Bank, National Association, as Administrative Agent for the Lenders. The Borrower hereby gives you notice that: (a) each of the Revolver Lenders (each, an “Increasing Revolver Lender,“ and collectively, the “Increasing Revolver Lenders“) has agreed with the Borrower to increase its Revolver Commitment under the Credit Agreement; (b) upon the increase of the Revolver Commitments of the Increasing Revolver Lenders, the Maximum Aggregate Revolver Amount shall be $75,000,000; (c) the proposed Increase Effective Date is August 17, 2004; and (d) set forth on Exhibit A hereto is a revised Annex I to the Credit Agreement, which sets forth the amount of the respective Commitments of all Lenders (including the Increasing Revolver Lenders) immediately after the increase in the Aggregate Maximum Revolver Amount on the Increase Effective Date. The Borrower represents and warrants that (i) no Default or Event of Default exists or will result from the increase in the Aggregate Maximum Revolver Amount, (ii) it has executed and delivered the documentation contemplated by Section 2.11(e) of the Credit Agreement, and (iii) all conditions precedent to the increase of the Aggregate Maximum Revolver Amount set forth in Sections 2.11 and 6.03 of the Credit Agreement have been satisfied. Remainder of Page
Intentionally Blank;
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Very truly yours,
| ATLAS PIPELINE PARTNERS, L.P., | |
| a Delaware limited partnership | |
| By: Atlas Pipeline Partners GP, LLC, | |
| its general partner | |
| By: /s/ Xxxxx X. Xxxxxxx | |
| Name: Xxxxx X. Xxxxxxx | |
| Title: Vice President |
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| ATLAS PIPELINE NEW YORK, LLC, | |
| a Pennsylvania limited liability company | |
| By: Atlas Pipeline Operating Partnership, L.P., | |
| a Delaware limited partnership | |
| and its sole member | |
| By: Atlas Pipeline Partners GP, LLC | |
| a Delaware limited liability company | |
| and its sole general partner | |
| By: /s/ Xxxxx X. Xxxxxxx | |
| Name: Xxxxx X. Xxxxxxx | |
| Title: Vice President |
| ATLAS PIPELINE OHIO, LLC, | |
| a Pennsylvania limited liability company | |
| By: Atlas Pipeline Operating Partnership, L.P., | |
| a Delaware limited partnership | |
| and its sole member | |
| By: Atlas Pipeline Partners GP, LLC | |
| a Delaware limited liability company | |
| and its sole general partner | |
| By: /s/ Xxxxx X. Xxxxxxx | |
| Name: Xxxxx X. Xxxxxxx | |
| Title: Vice President |
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| ATLAS PIPELINE PENNSYLVANIA, LLC, | |
| a Pennsylvania limited liability company | |
| By: Atlas Pipeline Operating Partnership, L.P., | |
| a Delaware limited partnership | |
| and its sole member | |
| By: Atlas Pipeline Partners GP, LLC | |
| a Delaware limited liability company | |
| and its sole general partner | |
| By: /s/ Xxxxx X. Xxxxxxx | |
| Name: Xxxxx X. Xxxxxxx | |
| Title: Vice President |
| ATLAS PIPELINE OPERATING PARTNERSHIP, L.P., | |
| a Delaware limited partnership | |
| By: Atlas Pipeline Partners GP, LLC | |
| a Delaware limited liability company | |
| and its sole general partner | |
| By: /s/ Xxxxx X. Xxxxxxx | |
| Name: Xxxxx X. Xxxxxxx | |
| Title: Vice President |
| SPECTRUM FIELD SERVICES LLC, | |
| a Delaware limited liability company | |
| By: Atlas Pipeline Operating Partnership, L.P., | |
| a Delaware limited partnership | |
| and its sole member | |
| By: Atlas Pipeline Partners GP, LLC | |
| a Delaware limited liability company | |
| and its sole general partner | |
| By: /s/ Xxxxx X. Xxxxxxx | |
| Name: Xxxxx X. Xxxxxxx | |
| Title: Vice President |
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Acknowledged and Agreed:
| WACHOVIA BANK, NATIONAL ASSOCIATION, | |
| as Administrative Agent and an Increasing Lender | |
| By: /s/ Xxxxxxx X. Xxxxxxxx | |
| Name: Xxxxxxx X. Xxxxxxxx | |
| Title: Director |
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| KEYBANK NATIONAL ASSOCIATION, | |
| as an Increasing Lender | |
| By: /s/ Xxxxx X. Xxxxx | |
| Name: Xxxxx X. Xxxxx | |
| Title: Vice President |
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| BANK OF OKLAHOMA N.A., | |
| as an Increasing Lender | |
| By: /s/ Xxxxxxx Xxxxxxx | |
| Name: Xxxxxxx Xxxxxxx | |
| Title: AVP |
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| XXXXX FARGO BANK, N.A., | |
| as an Increasing Lender | |
| By: /s/ Xxxxxx X.X. Xxxxxxx | |
| Name: Xxxxxx X.X. Xxxxxxx | |
| Title: Senior Vice President |
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| FLEET NATIONAL BANK, | |
| as an Increasing Lender | |
| By: /s/ Xxxxxxx X. Xxxxxxxxx | |
| Name: Xxxxxxx X. Xxxxxxxxx | |
| Title: Director |
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| FORTIS CAPITAL CORP., | |
| as an Increasing Lender | |
| By: /s/ Xxxxxxx X. Xxxxxx | |
| Name: Xxxxxxx X. Xxxxxx | |
| Title: Managing Director | |
| By: /s/ Xxxxx Xxxxxxxxxx | |
| Name: Xxxxx Xxxxxxxxxx | |
| Title: Senior Vice President |
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| GUARANTY BANK, | |
| as an Increasing Lender | |
| By: /s/ Xxx X. Xxxxxxxx | |
| Name: Xxx X. Xxxxxxxx | |
| Title: Senior Vice President |
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| BANK OF SCOTLAND, | |
| as an Increasing Lender | |
| By: /s/ Xxxxx Xxxxxxx | |
| Name: Xxxxx Xxxxxxx | |
| Title: Assistant Vice President |
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| COMERICA BANK, | |
| as an Increasing Lender | |
| By: /s/ Xxxx Xxxxxxx | |
| Name: Xxxx Xxxxxxx | |
| Title: Vice President |
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| WESTLB AG, NEW YORK BRANCH, | |
| as an Increasing Lender | |
| By: /s/ Xxxxxx X. Xxxxx XXX | |
| Name: Xxxxxx X. Xxxxx XXX | |
| Title: Director | |
| By: /s/ Xxxxxxx X. Xxxxxxxx | |
| Name: Xxxxxxx X. Xxxxxxxx | |
| Title: Associate Director |
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| COMPASS BANK, | |
| as an Increasing Lender | |
| By: /s/ Xxxxxxx Xxxxxxxx | |
| Name: Xxxxxxx Xxxxxxxx | |
| Title: Senior Vice President |
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| UFJ BANK LIMITED, NEW YORK BRANCH, | |
| as an Increasing Lender | |
| By: /s/ X. Xxxxxxxx Xxxxxx | |
| Name: X. Xxxxxxxx Xxxxxx | |
| Title: Senior Vice President |
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| Name of Lender |
Maximum Revolver Amount |
Maximum Term Loan Amount |
|---|---|---|
| Wachovia Bank, National Association | $7,638,888 | $6,111,112 |
| KeyBank National Association | $7,638,888 | $6,111,112 |
| Bank of Oklahoma N.A. | $6,944,444 | $5,555,556 |
| Xxxxx Fargo Bank, N.A. | $6,944,444 | $5,555,556 |
| Fleet National Bank | $6,944,444 | $5,555,556 |
| Fortis Capital Corp. | $5,555,556 | $4,444,444 |
| Guaranty Bank | $5,555,556 | $4,444,444 |
| Bank of Scotland | $5,555,556 | $4,444,444 |
| Comerica Bank | $5,555,556 | $4,444,444 |
| WestLB AG, New York Branch | $5,555,556 | $4,444,444 |
| Compass Bank | $5,555,556 | $4,444,444 |
| UFJ Bank Limited, New York Branch | $5,555,556 | $4,444,444 |
| TOTAL | $75,000,000 | $60,000,000 |
