AMENDED AND RESTATED CREDIT AGREEMENT dated as of June 29, 2004Credit Agreement • July 1st, 2004 • Western Gas Resources Inc • Natural gas distribution • Texas
This CREDIT AGREEMENT (“Agreement”) is entered into as of June 29, 2004, among WESTERN GAS RESOURCES, INC., a Delaware corporation (the “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and BANK OF AMERICA, N.A., as Administrative Agent and L/C Issuer.
AMENDED AND RESTATED INTERCREDITOR AGREEMENTIntercreditor Agreement • July 1st, 2004 • Western Gas Resources Inc • Natural gas distribution • Texas
This INTERCREDITOR AGREEMENT (as amended or supplemented from time to time, herein called this “Agreement”), is entered into as of June 29, 2004, by and among the BANKS (as defined below), BANK OF AMERICA, N.A., as Administrative Agent for the Banks (in such capacity, the “Agent”) and as Collateral Agent for the Lenders (in such capacity, the “Collateral Agent”), and THE PRUDENTIAL INSURANCE COMPANY OF AMERICA (“PICA”), PRUCO LIFE INSURANCE COMPANY (“Pruco”), ING LIFE INSURANCE & ANNUITY COMPANY (“ING”), PRUDENTIAL INVESTMENT MANAGEMENT, INC. (“Prudential”), PRUCO LIFE INSURANCE COMPANY OF NEW JERSEY (“Pruco NJ”), GIBRALTER LIFE INSURANCE CO., LTD. (“Gibralter”), RGA REINSURANCE COMPANY (“RGA”), AMERICAN BANKERS LIFE ASSURANCE COMPANY OF FLORIDA, INC. (“American”), FORTIS BENEFITS INSURANCE COMPANY (“Fortis”), and CONNECTICUT GENERAL LIFE INSURANCE COMPANY (“Connecticut” and, together with PICA, Pruco, ING, Prudential, Pruco NJ, Gibralter, RGA, American, and Fortis, collectively, the “
CONTINUING GUARANTYContinuing Guaranty • July 1st, 2004 • Western Gas Resources Inc • Natural gas distribution
THIS GUARANTY (this “Guaranty”) is made as of June 29, 2004, by the undersigned guarantor (whether one or more “Guarantor”, and if more than one jointly and severally), in favor of BANK OF AMERICA, N.A., as administrative agent for the Lenders under the Credit Agreement as defined below (in such capacity, “Agent”).
LETTER AMENDMENT NO. 2 TO THIRD AMENDED AND RESTATED MASTER SHELF AGREEMENTMaster Shelf Agreement • July 1st, 2004 • Western Gas Resources Inc • Natural gas distribution • New York
We refer to the Third Amended and Restated Master Shelf Agreement dated as of December 19, 1991 (effective as of January 13, 2003) (as amended by the Letter Amendment No. 1 to Third Amended and Restated Master Shelf Agreement dated as of April 24, 2003, the “Agreement”), among PICA, Pruco, Prudential, ING and Western Gas Resources, Inc., a Delaware corporation (the “Company”). Unless otherwise defined in this Letter Amendment No. 2 to Third Amended and Restated Master Shelf Agreement (this “Amendment”), the terms defined in the Agreement shall be used herein as therein defined.
AMENDED AND RESTATED SUBSIDIARY PLEDGE AGREEMENTSubsidiary Pledge Agreement • July 1st, 2004 • Western Gas Resources Inc • Natural gas distribution • Texas
THIS SUBSIDIARY PLEDGE AGREEMENT (this “Agreement”) is made as of June 29, 2004, by MIGC, Inc., a Delaware corporation (herein called “Debtor”), in favor of Bank of America, N.A., as Administrative Agent for the Lenders (herein called “Secured Party”).
AMENDED AND RESTATED PLEDGE AGREEMENTPledge Agreement • July 1st, 2004 • Western Gas Resources Inc • Natural gas distribution • Texas
THIS PLEDGE AGREEMENT (this “Agreement”) is made as of June 29, 2004, by Western Gas Resources, Inc., a Delaware corporation (herein called “Debtor”), in favor of Bank of America, N.A., as Administrative Agent for the Lenders (herein called “Secured Party”).
