CHANGE IN CONTROL AGREEMENTChange in Control Agreement • October 12th, 2006 • Ferrellgas Partners Finance Corp • Retail-miscellaneous retail • Kansas
THIS AGREEMENT (“Agreement”), made and entered into this 9th day of October, 2006 (the “Effective Date”), by and between Ferrellgas, Inc. (the “Company”) and Patrick J. Walsh (the “Executive”);
COMMITMENT INCREASE AGREEMENTCommitment Increase Agreement • October 12th, 2006 • Ferrellgas Partners Finance Corp • Retail-miscellaneous retail • New York
This Commitment Increase Agreement (this “Agreement”) is dated as of the Effective Date set forth below and is entered into by and among Fifth Third Bank (the “Increasing Lender”), Ferrellgas, L.P. (“Borrower”), Ferrellgas, Inc. and Bank of America, N.A., as Administrative Agent. Capitalized terms used but not defined herein shall have the meanings given to them in the Fifth Amended and Restated Credit Agreement identified below (the “Credit Agreement”).
AMENDMENT NO. 2 TO AMENDED AND RESTATED RECEIVABLE INTEREST SALE AGREEMENTReceivable Interest Sale Agreement • October 12th, 2006 • Ferrellgas Partners Finance Corp • Retail-miscellaneous retail • Texas
THIS AMENDMENT NO. 2 TO AMENDED AND RESTATED RECEIVABLE INTEREST SALE AGREEMENT, dated as of August 16, 2006 (this “Amendment”), is entered into by Ferrellgas, L.P., a Delaware limited partnership (“Originator”), and Ferrellgas Receivables, LLC, a Delaware limited liability company (“Buyer”), and pertains to the Amended and Restated Receivables Interest Sale Agreement dated as of June 7, 2005 between Originator and Buyer (as heretofore amended, the “Existing Agreement”). The Existing Agreement, as amended hereby, is hereinafter referred to as the “Agreement.” Unless defined elsewhere herein, capitalized terms used in this Amendment shall have the meanings assigned to such terms in Exhibit I to the Existing Agreement.
THIRD AMENDMENT TO THE FOURTH AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF FERRELLGAS PARTNERS, L.P.Agreement of Limited Partnership • October 12th, 2006 • Ferrellgas Partners Finance Corp • Retail-miscellaneous retail
This Third Amendment to the Fourth Amended and Restated Agreement of Limited Partnership of Ferrellgas Partners, L.P. dated as of October 11, 2006 (this “Amendment”), is entered into by Ferrellgas, Inc., a Delaware corporation, in the capacities set forth on the signature lines below.
LENDER ADDENDUMLender Addendum • October 12th, 2006 • Ferrellgas Partners Finance Corp • Retail-miscellaneous retail
This Lender Addendum (this “Lender Addendum”) is dated as of the Effective Date set forth below and is entered into by and among Deutsche Bank Trust Company Americas (the “New Lender”), Ferrellgas, L.P. (“Borrower”), Ferrellgas, Inc. and Bank of America, N.A., as Administrative Agent. Capitalized terms used but not defined herein shall have the meanings given to them in the Fifth Amended and Restated Credit Agreement identified below (the “Credit Agreement”), receipt of a copy of which is hereby acknowledged by the New Lender.
