ISDA Ò International Swap Dealers Association, Inc. MASTER AGREEMENT dated as of October 16, 2007Isda Master Agreement • October 17th, 2007 • Rancher Energy Corp. • Crude petroleum & natural gas • New York
have entered and/or anticipate entering into one or more transactions (each a “Transaction”) that are or will be governed by this Master Agreement, which includes the schedule (the “Schedule”), and the documents and other confirming evidence (each a “Confirmation”) exchanged between the parties confirming those Transactions.
SECURITY AGREEMENT (All Personal Property)Security Agreement • October 17th, 2007 • Rancher Energy Corp. • Crude petroleum & natural gas • Texas
THIS SECURITY AGREEMENT (as amended, restated, or supplemented from time to time, this “Security Agreement”) is made and entered into as of October 16, 2007 by RANCHER ENERGY CORP., a Nevada corporation, with an address at 999 18th Street, Suite 3400, Denver, Colorado 80202 (“Debtor”), in favor of GASROCK CAPITAL LLC, a Delaware limited liability company, with an address at 1301 McKinney Street, Suite 2800, Houston, Texas 77010 (“Secured Party”), for itself and BP CORPORATION NORTH AMERICA, an Indiana corporation (“Swap Counterparty”), as parties under that certain Intercreditor Agreement dated as of October 16, 2007 (as amended, restated, or supplemented from time to time, the “Intercreditor Agreement”).
RESTRICTED ACCOUNT AND SECURITIES ACCOUNT CONTROL AGREEMENT (Access Restricted after Instructions)Restricted Account and Securities Account Control Agreement • October 17th, 2007 • Rancher Energy Corp. • Crude petroleum & natural gas • Texas
This Restricted Account and Securities Account Control Agreement (this “Agreement”), dated as of the date specified on the initial signature page of this Agreement, is entered into by and among Rancher Energy Corporation (“Company”), GasRock Capital, LLC (“Secured Party”) and Wells Fargo Bank, National Association (“Bank”), and sets forth the rights of Secured Party and the obligations of Bank with respect to the deposit accounts of Company at Bank identified at the end of this Agreement as the Restricted Accounts (each hereinafter referred to individually as a “Restricted Account” and collectively as the “Restricted Accounts”) and each securities account of Company at Bank linked to any Restricted Account by a sweep mechanism, provided that such securities account either (i) bears an account number identical to the linked Restricted Account or (ii) is separately identified by number at the end of this Agreement as a Securities Account (each hereinafter referred to individually as a “S
INTERCREDITOR AGREEMENTIntercreditor Agreement • October 17th, 2007 • Rancher Energy Corp. • Crude petroleum & natural gas
THIS INTERCREDITOR AGREEMENT (this “Agreement”) is dated effective as of October 16, 2007, among BP CORPORATION NORTH AMERICA, INC., an Indiana corporation (“Swap Counterparty”), RANCHER ENERGY CORP., a Nevada corporation (“Borrower”), and GASROCK CAPITAL LLC, a Delaware limited liability company (“GasRock”).
TERM CREDIT AGREEMENT BETWEEN RANCHER ENERGY CORP. a Nevada corporation, as Borrower AND GASROCK CAPITAL LLC, a Delaware limited liability company, as Lender Dated as of October 16, 2007Term Credit Agreement • October 17th, 2007 • Rancher Energy Corp. • Crude petroleum & natural gas • Texas
THIS TERM CREDIT AGREEMENT (“Agreement”) is entered into as of October 16, 2007 between RANCHER ENERGY CORP., a Nevada corporation (“Borrower”), and GASROCK CAPITAL LLC, a Delaware limited liability company (“Lender”).
MORTGAGE, SECURITY AGREEMENT, FINANCING STATEMENT AND ASSIGNMENT OF PRODUCTION AND REVENUES FROM RANCHER ENERGY CORP. a Nevada corporation d/b/a RANCHER ENERGY OIL & GAS CORPORATION (Mortgagor and Debtor) TO GASROCK CAPITAL LLC (Mortgagee and Secured...Mortgage, Security Agreement, Financing Statement and Assignment of Production and Revenues • October 17th, 2007 • Rancher Energy Corp. • Crude petroleum & natural gas
THIS INSTRUMENT CONTAINS AFTER-ACQUIRED PROPERTY PROVISIONS, AND COVERS FUTURE ADVANCES AND PROCEEDS. INTERESTS IN OIL, GAS, MINERALS AND OTHER AS-EXTRACTED COLLATERAL OR IN ACCOUNTS RESULTING FROM THE SALE THEREOF, WHICH ARE INCLUDED IN THE MORTGAGED PROPERTY, WILL BE FINANCED AT WELLHEADS LOCATED ON THE LANDS ASSOCIATED WITH THE PIPELINE DESCRIBED IN EXHIBIT A HERETO.
TERM NOTE (this “Note”)Term Note • October 17th, 2007 • Rancher Energy Corp. • Crude petroleum & natural gas
This Note has been executed and delivered under, and is subject to the terms of, that certain Term Credit Agreement dated as of the date hereof, between Borrower and Lender (as amended, restated or supplemented from time to time, the “Credit Agreement”), and is the “Note” referred to in the Credit Agreement. Unless defined in this Note, or the context requires otherwise, capitalized terms used in this Note have the meanings given them in the Credit Agreement.
