FIRST AMENDMENT TO RESTATED LOAN AGREEMENTLoan Agreement • November 10th, 2008 • GMX Resources Inc • Crude petroleum & natural gas
This First Amendment to Restated Loan Agreement (this “Amendment”) dated as of October 29, 2008, is made among GMX RESOURCES INC., an Oklahoma corporation (the “Borrower”), the BANKS (as defined below), CAPITAL ONE, NATIONAL ASSOCIATION, a national banking association, as administrative agent, arranger and bookrunner, for the Banks (and individually as a Bank), UNION BANK OF CALIFORNIA, N.A., as syndication agent (and individually as a Bank), BNP PARIBAS, as co-documentation agent (and individually as a Bank), and COMPASS BANK, as co-documentation agent (and individually as a Bank), who agree as follows:
AMENDMENT NO. 2 TO INTERCREDITOR AGREEMENTIntercreditor Agreement • November 10th, 2008 • GMX Resources Inc • Crude petroleum & natural gas • New York
THIS AMENDMENT NO. 2 TO INTERCREDITOR AGREEMENT (this “Amendment”), dated as of October 29, 2008, is made by and among the institutional investors listed under the caption “Noteholders” on the signature pages hereto (collectively, together with the other holders from time to time of the hereinafter described NPA Notes and their successors and assigns, the “Noteholders”); Capital One, National Association, Union Bank of California, N.A., BNP Paribas, Compass Bank and Fortis Capital Corp. (collectively, together with the other lenders from time to time party to the hereinafter described Bank Loan Agreement and their successors and assigns, the “Banks”); Capital One, National Association, as agent for the Banks (in such capacity, the “Bank Agent”), and The Bank of New York Trust Company, N.A., as collateral agent for the Noteholders (together with its successors and assigns in such capacity, the “Noteholder Collateral Agent”).
