SECOND AMENDED AND RESTATED FINANCING AGREEMENT The CIT Group/Business Credit, Inc. (as Agent) SunTrust Bank (as Documentation Agent) The Lenders that are parties hereto and United Fuel & Energy Corporation and Three D Oil Co. of Kilgore, Inc. (as...Financing Agreement • March 30th, 2007 • United Fuel & Energy Corp • Retail-nonstore retailers
THE CIT GROUP/BUSINESS CREDIT, INC. (“CIT”) a New York corporation, with offices located at Two Lincoln Centre, 5420 LBJ Freeway, Suite 200, Dallas, Texas 75240, and SUNTRUST BANK (“SunTrust”), a Georgia banking corporation (CIT and SunTrust in their respective capacity as a Lender [as defined below], being hereinafter referred to as “Existing Lenders”), PNC BANK, NATIONAL ASSOCIATION (“PNC”), a national banking association, and WACHOVIA BANK, N.A. (“Wachovia”), a national banking association (PNC and Wachovia, in their respective capacities as a Lender, being hereinafter referred to as the “Additional Lenders”) (CIT, SunTrust, PNC, Wachovia and the Swingline Lender and any other entity becoming a Lender hereunder pursuant to Paragraph 13.4(b) of Section 13 of this Financing Agreement, are collectively referred to as the “Lenders” and individually as a “Lender”), CIT, as the administrative and collateral agent for the Lenders (the “Agent”), and SunTrust, as documentation agent for the
