AMENDMENT FOR INCREASED COMMITMENT
EXHIBIT 10(e)
AMENDMENT FOR INCREASED COMMITMENT
THIS AMENDMENT FOR INCREASED COMMITMENT (this “Amendment”) is made as of the 11th day
of January, 2006, 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 Fifth Amended and Restated Credit Agreement dated
as of September 1, 2004 (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 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 | |||
| 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 | |||
| Name: | J. Xxxxx Xxxxxx | |||
| Title: | Vice President | |||
| SUPPLEMENTAL BANKS: | ||||
| JPMORGAN CHASE BANK, N.A. | ||||
| By: | /s/ J. Xxxxx Xxxxxx | |||
| Name: Title: |
J. Xxxxx Xxxxxx Vice President |
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[Signature Page to Amendment For Increased Commitment]
| SUPPLEMENTAL BANKS: | ||||
| FORTIS CAPITAL CORP. | ||||
| By: | /s/ Xxxxx Xxxxxxxxxx | |||
| Name: Title: |
Xxxxx Xxxxxxxxxx Senior Vice President |
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| By: | /s/ Xxxxxxx Xxxxxx | |||
| Name: | Xxxxxxx Xxxxxx | |||
| Title: | Managing Director | |||
[Signature Page to Amendment For Increased Commitment]
| SUPPLEMENTAL BANKS: | ||||
| CALYON NEW YORK BRANCH | ||||
| By: | signature illegible | |||
| Name: | signature illegible | |||
| Title: | signature illegible | |||
| By: | /s/ Xxxxxxx Xxxxxx | |||
| Name: Title: |
Xxxxxxx Xxxxxx Vice President |
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[Signature Page to Amendment For Increased Commitment]
| SUPPLEMENTAL BANKS: | ||||
| COMERICA BANK | ||||
| By: | /s/ Xxxxx X. Xxxxxx | |||
| Name: Title: |
Xxxxx X. Xxxxxx Vice President |
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[Signature Page to Amendment For Increased Commitment]
| SUPPLEMENTAL BANKS: | ||||
| UNION BANK OF CALIFORNIA, N.A. | ||||
| By: | /s/ Xxxxxxx Xxxxx | |||
| Name: Title: |
Xxxxxxx Xxxxx Investment Banking Officer |
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| By: | /s/ Xxxxxxxx Coil | |||
| Name: Title: |
Xxxxxxxx Coil Vice President |
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[Signature Page to Amendment For Increased Commitment]
| SUPPLEMENTAL BANKS: | ||||
| XXXXX FARGO BANK, N.A. | ||||
| By: | /s/ Xxxx X. Xxxxxxxx | |||
| Name: Title: |
Xxxx X. Xxxxxxxx Vice President |
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[Signature Page to Amendment For Increased Commitment]
| SUPPLEMENTAL BANKS: | ||||
| BANK OF AMERICA, N.A. | ||||
| By: | /s/ Xxxxx X. Xxxxx | |||
| Name: Title: |
Xxxxx Xxxxx Vice President |
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[Signature Page to Amendment For Increased Commitment]
| SUPPLEMENTAL BANKS: | ||||
| BANK OF SCOTLAND | ||||
| By: | /s/ Xxxxx Xxxxx | |||
| Name: Title: |
Xxxxx Xxxxx Assistant Vice President |
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[Signature Page to Amendment For Increased Commitment]
| SUPPLEMENTAL BANKS: | ||||
| COMPASS BANK | ||||
| By: | /s/ Xxxxxxx Xxxxxxxx | |||
| Name: Title: |
Xxxxxxx Xxxxxxxx Senior Vice President |
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[Signature Page to Amendment For Increased Commitment]
SCHEDULE 1
Commitments
| Total | ||||||||
| Banks | Commitment Amount | Commitment Percentage | ||||||
JPMorgan Chase Bank, N.A. |
$ | 18,000,000.00 | 12.00 | % | ||||
Fortis Capital Corp. |
$ | 18,000,000.00 | 12.00 | % | ||||
Calyon New York Branch |
$ | 18,000,000.00 | 12.00 | % | ||||
Comerica Bank |
$ | 18,000,000.00 | 12.00 | % | ||||
Union Bank of California, N.A. |
$ | 18,000,000.00 | 12.00 | % | ||||
Xxxxx Fargo Bank, N.A. |
$ | 15,000,000.00 | 10.00 | % | ||||
Bank of America, N.A. |
$ | 15,000,000.00 | 10.00 | % | ||||
Bank of Scotland |
$ | 15,000,000.00 | 10.00 | % | ||||
Compass Bank |
$ | 15,000,000.00 | 10.00 | % | ||||
Totals: |
$ | 150,000,000.00 | 100.00 | % | ||||
Schedule 1 - 1
