FORBEARANCE AGREEMENT AND SIXTH AMENDMENT TO SECOND AMENDED AND RESTATED FINANCING AGREEMENTForbearance Agreement and Sixth Amendment to Second Amended and Restated Financing Agreement • July 14th, 2008 • United Fuel & Energy Corp • Retail-nonstore retailers • Texas
THIS FORBEARANCE AGREEMENT AND SIXTH AMENDMENT TO SECOND AMENDED AND RESTATED FINANCING AGREEMENT (the “Agreement”) is made and entered into on this 10th day of July, 2008, to be effective, unless another effective date is otherwise herein specified, as of June 17, 2008, by and among The CIT Group/Business Credit, Inc. (“CIT”), SunTrust Bank (“SunTrust”), Wachovia Bank, N.A. (“Wachovia”), and PNC Bank, National Association (“PNC”) (CIT, SunTrust, Wachovia and PNC being herein collectively referred to as 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”), and United Fuel & Energy Corporation, a Texas corporation (“United”), and Three D Oil Co. of Kilgore, Inc., a Texas co
