EXHIBIT 10.1 SECOND AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT This Second Amendment to Amended and Restated Credit Agreement (this "SECOND AMENDMENT") dated as of July 16, 2004, to be effective as set forth in Section 4 hereof, is among...Credit Agreement • August 6th, 2004 • Comstock Resources Inc • Crude petroleum & natural gas • New York
EXHIBIT 10.9 FIRST AMENDMENT TO EMPLOYMENT AGREEMENT This First Amendment to Employment Agreement ("Agreement") is executed by and between COMSTOCK RESOURCES, INC., a Nevada corporation (the "Company") with principal offices in Frisco, Texas, and...Employment Agreement • August 6th, 2004 • Comstock Resources Inc • Crude petroleum & natural gas
OPERATING AGREEMENT OF BOIS D’ARC ENERGY, LLCOperating Agreement • August 6th, 2004 • Comstock Resources Inc • Crude petroleum & natural gas • Nevada
This Operating Agreement of Bois d’Arc Energy, LLC dated as of July 16, 2004 (the “Effective Date”), is entered into by and among those Persons executing this Agreement as evidenced by the signature pages attached hereto. Each of such Persons is a “Member” and, collectively, they are sometimes referred to as the “Members.”
TRANSFER RESTRICTION AGREEMENT OF BOIS D’ARC ENERGY, LLCTransfer Restriction Agreement • August 6th, 2004 • Comstock Resources Inc • Crude petroleum & natural gas • Nevada
This Transfer Restriction Agreement (the “Agreement”) dated as of July 16, 2004 (the “Effective Date”), is entered into by and among Bois d’Arc Energy, LLC, a Nevada limited liability company (the “Company”), and each of the Persons executing this Agreement other than the Company as evidenced on the signature pages hereto. Each such Person is a “Holder” and, collectively, they are sometimes referred to as the “Holders.”
CONTRIBUTION AGREEMENT by and among BOIS D’ARC ENERGY, LLC, BOIS D’ARC PROPERTIES, LP, BOIS D’ARC RESOURCES, LTD., WAYNE L. LAUFER, GARY W. BLACKIE, HARO INVESTMENTS LLC, COMSTOCK OFFSHORE, LLC, COMSTOCK RESOURCES, INC., and OTHER PERSONS LISTED ON...Contribution Agreement • August 6th, 2004 • Comstock Resources Inc • Crude petroleum & natural gas • Texas
This Contribution Agreement (the “Agreement”), dated as of July 16, 2004, is by and among Bois d’Arc Energy, LLC, a Nevada limited liability company (the “Company”), Bois d’Arc Properties, LP, a Nevada limited partnership (the “New Subsidiary”), Bois d’Arc Resources, Ltd., a Texas limited partnership (“BDAR”), Wayne L. Laufer (“Laufer”), Gary W. Blackie (“Blackie”), Haro Investments LLC, a Texas limited liability company (“Haro”), such other persons listed on the signature pages hereto under the caption “BDA Contributors” (collectively, with BDAR, Laufer, Blackie and Haro, “BDA Contributors”), Comstock Offshore, LLC, a Nevada limited liability company (“Comstock Offshore”), and Comstock Resources, Inc., a Nevada corporation (“Comstock Resources” and collectively with Comstock Offshore, the “Comstock Parties”). Each of the above is a “Party” to this Agreement, and collectively they are sometimes referred to as the “Parties.” All capitalized terms used herein and not otherwise defined sh
NOTEComstock Resources Inc • August 6th, 2004 • Crude petroleum & natural gas
FOR VALUE RECEIVED, the undersigned (the “Borrower”), hereby promises to pay to the order of Comstock Resources, Inc., a Nevada corporation (the “Lender”), on the Maturity Date (as defined in the Loan Agreement referred to below) the principal amount of Two Hundred Million Dollars ($200,000,000), or such lesser principal amount of Loans (as defined in such Loan Agreement) due and payable by the Borrower to the Lender on the Maturity Date under that certain Loan Agreement, dated as of July 16, 2004 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the “Loan Agreement”; the terms defined therein being used herein as therein defined), by and between COMSTOCK RESOURCES, INC., a Nevada corporation (the “Lender”), and BOIS D’ARC ENERGY, LLC, a Nevada limited liability company (“BDA Energy”), BOIS D’ARC PROPERTIES, LP, a Nevada limited partnership (“Properties, LP”) and BOIS D’ARC OFFSHORE, LTD., a Texas limited partnership (“BDA Offshore,” and
LOAN AGREEMENT Dated as of July 16, 2004 by and between COMSTOCK RESOURCES, INC., as the Lender and BOIS D’ARC ENERGY, LLC, BOIS D’ARC PROPERTIES, LP and BOIS D’ARC OFFSHORE, LTD. collectively as the BorrowerLoan Agreement • August 6th, 2004 • Comstock Resources Inc • Crude petroleum & natural gas • Texas
This LOAN AGREEMENT is entered into as of July , 2004, by and between COMSTOCK RESOURCES, INC., a Nevada corporation ( “Lender”), and BOIS D’ARC ENERGY, LLC, a Nevada limited liability company (“BDA Energy”), BOIS D’ARC PROPERTIES, LP, a Nevada limited partnership (“Properties, LP”), and BOIS D’ARC OFFSHORE, LTD., a Texas limited partnership (“BDA Offshore,” and together with BDA Energy and Properties, LP, the “Borrower”).
SERVICES AGREEMENTServices Agreement • August 6th, 2004 • Comstock Resources Inc • Crude petroleum & natural gas • Texas
This SERVICES AGREEMENT (this “Agreement”) is dated as of July 16, 2004 (the “Formation Date”), by and between Comstock Resources, Inc., a Nevada corporation (“Comstock”), and Bois d’Arc Energy, LLC, a Nevada limited liability company (“Bois d’Arc”). Unless otherwise defined herein, capitalized terms have the meaning assigned to them in the Contribution Agreement (defined herein).
THIRD SUPPLEMENTAL INDENTURE dated as of July 16, 2004 to INDENTURE dated as of February 25, 2004Indenture • August 6th, 2004 • Comstock Resources Inc • Crude petroleum & natural gas • New York
THIS THIRD SUPPLEMENTAL INDENTURE dated as of July 16, 2004 (as originally executed and as it may from time to time be supplemented or amended by one or more indentures supplemental hereto entered into pursuant to the applicable provisions hereof, this “Third Supplemental Indenture”), is among COMSTOCK RESOURCES, INC., a Nevada corporation (hereinafter called the “Company”), the GUARANTORS (as defined in the Indenture) and THE BANK OF NEW YORK TRUST COMPANY, N.A., as Trustee (hereinafter called the “Trustee”). Capitalized terms used herein but not otherwise defined shall have the meanings ascribed to them in the Indenture (as defined below).
