FIFTH AMENDED AND RESTATED CREDIT AGREEMENT Dated to be Effective as of December 8, 2010 among ATMOS ENERGY MARKETING, LLC, as Borrower, BNP PARIBAS SECURITIES CORP., as sole Lead Arranger, BNP PARIBAS, as Administrative Agent, Collateral Agent, Swing...Credit Agreement • December 10th, 2010 • Atmos Energy Corp • Natural gas distribution • New York
This FIFTH AMENDED AND RESTATED CREDIT AGREEMENT (as amended, supplemented and otherwise modified from time to time, the “Agreement”) is entered into effective as of December 8, 2010, 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, SOCIETE GENERALE and ROYAL BANK OF SCOTLAND (as defined below), as co-syndication agents (in such capacity, each a “Co-Syndication Agent”), CREDIT AGRICOLE, NATIXIS and RABOBANK (as defined below), as co-documentation agents (in such capacity, each a “Co-Documentation Agent”), and each other financial institution that becomes a party hereto.
THIRD AMENDED AND RESTATED INTERCREDITOR AGREEMENTIntercreditor Agreement • December 10th, 2010 • Atmos Energy Corp • Natural gas distribution • New York
This THIRD 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 8, 2010, 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”);
