FIRST AMENDMENT TO THE THIRD AMENDED AND RESTATED CREDIT AGREEMENT AND THE AMENDED AND RESTATED INTERCREDITOR AGREEMENTCredit Agreement • November 16th, 2009 • Atmos Energy Corp • Natural gas distribution • New York
This FIRST AMENDMENT, dated as of April 1, 2009 (this “Amendment”) to (i) the THIRD AMENDED AND RESTATED CREDIT AGREEMENT, dated as of December 30, 2008 (as amended, supplemented or otherwise modified prior to the date hereof, the “Credit Agreement”) among ATMOS ENERGY MARKETING, LLC, a Delaware limited liability company (the “Borrower”), BNP PARIBAS, a bank organized under the laws of France, as a Bank, as an Issuing Bank, and as Administrative Agent for the Banks, and as Collateral Agent, FORTIS BANK SA/NV, NEW YORK BRANCH, a bank organized under the laws of Belgium, as a Bank, as an Issuing Bank, and as Documentation Agent, SOCIÉTÉ GÉNÉRALE, as syndication agent (in such capacity, “Syndication Agent”), an Issuing Bank, and a Bank, and each other financial institution which may become a party hereto (collectively the “Banks”) and (ii) the Intercreditor Agreement (as defined in the Credit Agreement).
