FOURTH AMENDED AND RESTATED CREDIT AGREEMENT Dated to be Effective as of December 10, 2009 among ATMOS ENERGY MARKETING, LLC, as Borrower, BNP PARIBAS as Administrative Agent, Collateral Agent, an Issuing Bank, and a Bank, FORTIS BANK SA/NV, NEW YORK...Credit Agreement • December 16th, 2009 • Atmos Energy Corp • Natural gas distribution • New York
This FOURTH AMENDED AND RESTATED CREDIT AGREEMENT (as amended, supplemented and otherwise modified from time to time, the “Agreement”) is entered into effective as of December 10, 2009, among ATMOS ENERGY MARKETING, LLC, a Delaware limited liability company (the “Borrower”), BNP PARIBAS, a bank organized under the laws of France, as a Bank, as an Issuing Bank, and as Administrative Agent for the Banks, and as Collateral Agent, FORTIS BANK SA/NV, NEW YORK BRANCH, a bank organized under the laws of Belgium, as a Bank, as an Issuing Bank, and as Documentation Agent, SOCIETE GENERALE, as syndication agent (in such capacity, “Syndication Agent”), an Issuing Bank, and a Bank, and each other financial institution that becomes a party hereto.
SECOND AMENDED AND RESTATED INTERCREDITOR AGREEMENTIntercreditor Agreement • December 16th, 2009 • Atmos Energy Corp • Natural gas distribution • New York
This SECOND AMENDED AND RESTATED INTERCREDITOR AGREEMENT (as amended, supplemented, amended and restated or otherwise modified from time to time, the “Agreement”), is entered into effective as of December 10, 2009, among BNP PARIBAS, a bank organized under the laws of France, in its capacity as Collateral Agent (together with its successors and assigns in such capacity, the “Agent”) and each bank and other financial institution which is now or hereafter becomes a party to this Agreement in its capacity as a Bank and, as applicable, a Swap Bank (collectively, the “Swap Banks”) and/or a Physical Trade Bank (collectively, the “Physical Trade Banks”);
