EIGHTH AMENDMENT TO SECOND AMENDED AND RESTATED FINANCING AGREEMENTFinancing Agreement • April 6th, 2009 • United Fuel & Energy Corp • Retail-nonstore retailers • Texas
THIS EIGHTH AMENDMENT TO SECOND AMENDED AND RESTATED FINANCING AGREEMENT (“this Agreement”) entered into on this 31st day of March, 2009, to be effective, unless another effective date is otherwise herein specified, March 27, 2009, is by and among The CIT Group/Business Credit, Inc. (“CIT”), Wachovia Bank, N.A. (“Wachovia”), PNC Bank National Association (“PNC”), and SunTrust Bank (“SunTrust”, together with CIT, Wachovia, and PNC, the “Existing Lenders”), The Greinke Personal Living Trust, Frank P. Greinke, an individual residing in Tacoma, Washington, Trustee (“Greinke Trust”) (the Greinke Trust being herein referred to as the “Additional Lender”, and together with the Existing Lenders, being herein collectively referred to as the “Lenders”), CIT as administrative and collateral agent (“Agent”), United Fuel & Energy Corporation, a Texas corporation (“United”), Three D Oil Co. of Kilgore, Inc., a Texas corporation (“Three D”) and Cardlock Fuels System, Inc. a California corporation (“C
