AMENDED AND RESTATED CREDIT AGREEMENT Among CANO PETROLEUM, INC. as Borrower,Credit Agreement • February 9th, 2009 • Cano Petroleum, Inc • Crude petroleum & natural gas • Texas
This Amended and Restated Credit Agreement dated as of December 17, 2008 is among Cano Petroleum, Inc., a Delaware corporation (“Borrower”), the lenders party hereto from time to time (“Lenders”), and Union Bank of California, N.A., as administrative agent for such Lenders (in such capacity, the “Administrative Agent”) and as issuing lender for such Lenders (in such capacity, the “Issuing Lender”).
SUBORDINATED PLEDGE AGREEMENTSubordinated Pledge Agreement • February 9th, 2009 • Cano Petroleum, Inc • Crude petroleum & natural gas • Texas
THIS SUBORDINATED PLEDGE AGREEMENT dated as of December 17, 2008 (this “Pledge Agreement”) is by and among CANO PETROLEUM, INC., a Delaware corporation (“Borrower”), each subsidiary of the Borrower signatory hereto (together with the Borrower, the “Pledgors” and individually, each a “Pledgor”) and UnionBanCal Equities, Inc. as Administrative Agent (in such capacity the “Administrative Agent”) under the Credit Agreement (as hereinafter defined), for its benefit and the benefit of the Lenders (as hereinafter defined).
SECOND AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • February 9th, 2009 • Cano Petroleum, Inc • Crude petroleum & natural gas
THIS SECOND AMENDMENT TO EMPLOYMENT AGREEMENT (“Amendment”) is made and entered into by and between Cano Petroleum, Inc., a Delaware corporation with its principal executive offices in Fort Worth, Texas (the “Company”), and Phillip Feiner, an individual currently residing in Collin County, Texas (“Employee”), effective as of the 31st day of December, 2008 (the “Amendment Effective Date”).
FIFTH AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • February 9th, 2009 • Cano Petroleum, Inc • Crude petroleum & natural gas
THIS FIFTH AMENDMENT TO EMPLOYMENT AGREEMENT (“Amendment”) is made and entered into by and between Cano Petroleum, Inc., a Delaware corporation with its principal executive offices in Fort Worth, Texas (the “Company”), and Michael J. Ricketts, an individual currently residing in Tarrant County, Texas (“Vice President”), effective as of the 31st day of December, 2008 (the “Amendment Effective Date”).
SUBORDINATED CREDIT AGREEMENT Among CANO PETROLEUM, INC. as Borrower,Subordinated Credit Agreement • February 9th, 2009 • Cano Petroleum, Inc • Crude petroleum & natural gas • Texas
This Subordinated Credit Agreement dated as of December 17, 2008 (the “Effective Date”) is among Cano Petroleum, Inc., a Delaware corporation (“Borrower”), the lenders party hereto from time to time (“Lenders”), and UnionBanCal Equities, Inc. as administrative agent for such Lenders (in such capacity, the “Administrative Agent”).
SUBORDINATED GUARANTY AGREEMENTSubordinated Guaranty Agreement • February 9th, 2009 • Cano Petroleum, Inc • Crude petroleum & natural gas • Texas
This Subordinated Guaranty Agreement dated as of December 17, 2008 (this “Guaranty”) is executed by each of the undersigned (individually a “Guarantor” and collectively, the “Guarantors”), in favor of UnionBanCal Equities, Inc., as Administrative Agent for the ratable benefit of itself, the Lenders (as defined below) (together with the Administrative Agent and the Lenders, individually a “Beneficiary”, and collectively, the “Beneficiaries”).
FOURTH AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • February 9th, 2009 • Cano Petroleum, Inc • Crude petroleum & natural gas
THIS FOURTH AMENDMENT TO EMPLOYMENT AGREEMENT (“Amendment”) is made and entered into by and between Cano Petroleum, Inc., a Delaware corporation with its principal executive offices in Fort Worth, Texas (the “Company”), and Patrick M. McKinney, an individual currently residing in Tarrant County, Texas (“Senior Vice President”), effective as of the 31st day of December, 2008 (the “Amendment Effective Date”).
AMENDED AND RESTATED SECURITY AGREEMENTSecurity Agreement • February 9th, 2009 • Cano Petroleum, Inc • Crude petroleum & natural gas • Texas
THIS AMENDED AND RESTATED SECURITY AGREEMENT dated as of December 17, 2008 (this “Security Agreement”) is by and among CANO PETROLEUM, INC., a Delaware corporation (“Borrower”), each subsidiary of the Borrower signatory hereto (together with the Borrower, the “Grantors” and individually, each a “Grantor”) and Union Bank of California, N.A. as Administrative Agent (as hereinafter defined) for the ratable benefit of itself, the Issuing Lender (as hereinafter defined), the Lenders (as hereinafter defined), and the Swap Counterparties (as defined in the Credit Agreement referred to below, and together with the Administrative Agent, the Issuing Lender, and the Lenders collectively referred to herein as the “Secured Parties” and individually, a “Secured Party”).
FIRST AMENDMENT TO THE CANO PETROLEUM, INC.2008 Annual Incentive Plan • February 9th, 2009 • Cano Petroleum, Inc • Crude petroleum & natural gas
This FIRST AMENDMENT (the “Amendment”) to the 2008 Annual Incentive Plan (the “Agreement”) dated February 15, 2008, is hereby made and entered as of the 20th day of October, 2008 by Cano Petroleum, Inc., a Delaware corporation (the “Company”). Terms used in this Amendment with initial capital letters that are not otherwise defined herein shall have the meanings ascribed to such terms in the Agreement.
FIRST AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • February 9th, 2009 • Cano Petroleum, Inc • Crude petroleum & natural gas
THIS FIRST AMENDMENT TO EMPLOYMENT AGREEMENT (“Amendment”) is made and entered into by and between Cano Petroleum, Inc., a Delaware corporation with its principal executive offices in Fort Worth, Texas (the “Company”), and Ben Daitch, an individual currently residing in Dallas County, Texas (“Employee”), effective as of the 31st day of December, 2008 (the “Amendment Effective Date”).
SECOND AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • February 9th, 2009 • Cano Petroleum, Inc • Crude petroleum & natural gas
THIS SECOND AMENDMENT TO EMPLOYMENT AGREEMENT (“Amendment”) is made and entered into by and between Cano Petroleum, Inc., a Delaware corporation with its principal executive offices in Fort Worth, Texas (the “Company”), and S. Jeffrey Johnson, an individual currently residing in Tarrant County, Texas (“Executive”), effective as of the 31st day of December, 2008 (the “Amendment Effective Date”).
TEMPORARY WAIVER OF BENEFITSTemporary Waiver of Benefits • February 9th, 2009 • Cano Petroleum, Inc • Crude petroleum & natural gas
THIS Temporary Waiver of Benefits (“Waiver”) is made and entered into by S. Jeffrey Johnson, an individual currently residing in Tarrant County, Texas (“Executive”), and Cano Petroleum, Inc. (the “Company”) effective as of the 28th day of October, 2008 (the “Waiver Effective Date”).
AMENDED AND RESTATED GUARANTY AGREEMENTGuaranty Agreement • February 9th, 2009 • Cano Petroleum, Inc • Crude petroleum & natural gas • Texas
This Amended and Restated Guaranty Agreement dated as of December 17, 2008 (this “Guaranty”) is executed by each of the undersigned (individually a “Guarantor” and collectively, the “Guarantors”), in favor of Union Bank of California, N.A, as Administrative Agent for the ratable benefit of itself, the Lenders (as defined below) and as Issuing Lender (as defined below), and the Swap Counterparties (as defined in the Credit Agreement referred to below) (together with the Administrative Agent, the Issuing Lender, and the Lenders, individually a “Beneficiary”, and collectively, the “Beneficiaries”).
AMENDED AND RESTATED PLEDGE AGREEMENTPledge Agreement • February 9th, 2009 • Cano Petroleum, Inc • Crude petroleum & natural gas • Texas
THIS AMENDED AND RESTATED PLEDGE AGREEMENT dated as of December 17, 2008 (this “Pledge Agreement”) is by and among CANO PETROLEUM, INC., a Delaware corporation (“Borrower”), each subsidiary of the Borrower signatory hereto (together with the Borrower, the “Pledgors” and individually, each a “Pledgor”) and Union Bank of California, N.A. as Administrative Agent (as hereinafter defined) for the ratable benefit of itself, the Issuing Lender (as hereinafter defined), the Lenders (as hereinafter defined), and the Swap Counterparties (as defined in the Credit Agreement referred to below, and together with the Administrative Agent, the Issuing Lender, and the Lenders collectively referred to herein as the “Secured Parties” and individually, a “Secured Party”).
SUBORDINATED SECURITY AGREEMENTSubordinated Security Agreement • February 9th, 2009 • Cano Petroleum, Inc • Crude petroleum & natural gas • Texas
THIS SUBORDINATED SECURITY AGREEMENT dated as of December 17, 2008 (this “Security Agreement”) is by and among CANO PETROLEUM, INC., a Delaware corporation (“Borrower”), each subsidiary of the Borrower party hereto from time to time (together with the Borrower, the “Grantors” and individually, each a “Grantor”) and UnionBanCal Equities, Inc. as administrative agent (in such capacity the “Administrative Agent”) for the ratable benefit of itself and the Lenders (as defined below) (together with the Lenders, individually a “Secured Party”, and collectively, the “Secured Parties”).
