AMENDMENT 5 TO JOINT EXPLORATION AGREEMENTJoint Exploration Agreement • February 16th, 2010 • EnerJex Resources, Inc. • Crude petroleum & natural gas
This Amendment 5 (“Fifth Amendment”) to that certain Joint Exploration Agreement (“JEA”) dated March 30, 2008 by and between MorMeg, LLC, a Kansas limited liability company, referred to herein as “MorMeg,” and EnerJex Resources, Inc., a Nevada corporation, referred to herein as ”EnerJex” is effective as of December 31, 2009. MorMeg and EnerJex are jointly referred to herein as “the parties”.
SECOND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • February 16th, 2010 • EnerJex Resources, Inc. • Crude petroleum & natural gas
THIS SECOND AMENDMENT TO CREDIT AGREEMENT (this “Second Amendment”) is entered into and effective as of the Second Amendment Closing Date (as defined below) among ENERJEX RESOURCES, INC., a Nevada corporation (“Parent”), ENERJEX KANSAS, INC. (f/k/a Midwest Energy, Inc.), a Nevada corporation (“EnerJex Kansas”) and DD ENERGY, INC., a Nevada corporation (“DD Energy”) (collectively, “Borrowers”) and TEXAS CAPITAL BANK, N.A., a national banking association, as a Bank, L/C Issuer and Administrative Agent (in such latter capacity and together with its successors and permitted assigns in such capacity the “Administrative Agent”), and the several banks and financial institutions from time to time parties to the Credit Agreement, as defined below (the “Banks”). Capitalized terms used but not defined in this Second Amendment have the meaning given them in the Credit Agreement.
TEXAS CAPITAL BANK, N.A. February 10, 2010Credit Agreement • February 16th, 2010 • EnerJex Resources, Inc. • Crude petroleum & natural gas
ENERJEX RESOURCES, INC.Debentures and Transaction Documents • February 16th, 2010 • EnerJex Resources, Inc. • Crude petroleum & natural gas • New York
Reference is made to the June 21, 2007 Senior Secured Debentures, as amended (the “Debentures”), the Securities Purchase Agreement, as amended (the “Purchase Agreement”), and the Pledge and Security Agreement, as amended (the “Security Agreement”) and other agreements and documents associated therewith, as amended through the date hereof (collectively, the “Transaction Documents”), all originally dated as of April 11, 2007, by and among EnerJex Kansas, Inc. (the “Company”), EnerJex Resources, Inc. (“Parent”), West Coast Opportunity Fund, LLC (“West Coast”), Frey Living Trust (“Frey”), Enable Growth Partners LP (“Enable Growth”) and Enable Opportunity Partners LP (“Enable Opportunity”) (collectively, West Coast, Frey, Enable Growth and Enable Opportunity may be referred to as the “Buyers”). Capitalized terms used but not otherwise defined herein have the meanings ascribed to such terms in the Debentures, Purchase Agreement, the Security Agreement and/or the Transaction Documents.
