WARRANT AGREEMENT dated as of , 2016 between COMSTOCK RESOURCES, INC. and AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC, as Warrant AgentWarrant Agreement • August 31st, 2016 • Comstock Oil & Gas, LP • Crude petroleum & natural gas • New York
Warrant Agreement (as it may be amended from time to time, this “Warrant Agreement”), dated as of , 2016, between Comstock Resources, Inc., a Nevada corporation (the “Company”), and American Stock Transfer & Trust Company, LLC, a New York State chartered limited purpose trust company (the “Warrant Agent”).
COMSTOCK RESOURCES, INC., AND EACH OF THE SUBSIDIARY GUARANTORS PARTY HERETO SENIOR SECURED TOGGLE NOTES DUE 2020 INDENTURE Dated as of , 2016 AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC, as TrusteeIndenture • August 31st, 2016 • Comstock Oil & Gas, LP • Crude petroleum & natural gas • New York
This INDENTURE, dated as of , 2016 is among COMSTOCK RESOURCES, INC., a Nevada corporation (the “Company”), each SUBSIDIARY GUARANTOR from time to time party hereto, as Subsidiary Guarantors, and AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC, as Trustee.
COMSTOCK RESOURCES, INC., AND EACH OF THE SUBSIDIARY GUARANTORS PARTY HERETO 9 1⁄2% Convertible Secured PIK Notes due 2020 INDENTURE Dated as of , 2016 AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC as TrusteeIndenture • August 31st, 2016 • Comstock Oil & Gas, LP • Crude petroleum & natural gas • New York
This INDENTURE, dated as of , 2016 is among COMSTOCK RESOURCES, INC., a Nevada corporation (the “Company”), each Subsidiary Guarantor from time to time party hereto, as Subsidiary Guarantors, and AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC, as Trustee.
JUNIOR LIEN INTERCREDITOR AGREEMENT dated as of [●], 2016 between BANK OF MONTREAL as Priority Lien Agent, and BANK OF MONTREAL as Second Lien Collateral AgentIntercreditor Agreement • August 31st, 2016 • Comstock Oil & Gas, LP • Crude petroleum & natural gas • New York
JUNIOR LIEN INTERCREDITOR AGREEMENT, dated as of [●], 2016 (as amended, supplemented or otherwise modified from time to time in accordance with the terms hereof, this “Agreement”), between BANK OF MONTREAL, as collateral agent for the Priority Lien Secured Parties referred to herein (in such capacity, and together with its successors and assigns in such capacity, the “Original Priority Lien Agent”), and BANK OF MONTREAL, as collateral agent for the Second Lien Secured Parties referred to herein (in such capacity, and together with its successors and assigns in such capacity, the “Original Second Lien Collateral Agent).”
COMSTOCK RESOURCES, INC., EACH OF THE SUBSIDIARY GUARANTORS PARTY HERETO and AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC, as Trustee FIRST SUPPLEMENTAL INDENTURE dated as of , 2016 to INDENTURE dated as of March 13, 2015 10% SENIOR SECURED NOTES DUE 2020First Supplemental Indenture • August 31st, 2016 • Comstock Oil & Gas, LP • Crude petroleum & natural gas • New York
THIS FIRST SUPPLEMENTAL INDENTURE dated as of , 2016 (this “Supplemental Indenture”), is among COMSTOCK RESOURCES, INC., a Nevada corporation (hereinafter called the “Company”), the SUBSIDIARY GUARANTORS named on the signature pages hereto and AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC (hereinafter called the “Trustee”) as successor Trustee to The Bank of New York Mellon Trust Company, N.A. (“BNY”) under the Indenture, dated as of March 13, 2015, among the Company, the Subsidiary Guarantors from time to time party thereto and BNY (the “Indenture”). Capitalized terms used in this Supplemental Indenture and not otherwise defined herein shall have the meanings assigned to such terms in the Indenture.
AMENDED AND RESTATED PRIORITY LIEN INTERCREDITOR AGREEMENTPriority Lien Intercreditor Agreement • August 31st, 2016 • Comstock Oil & Gas, LP • Crude petroleum & natural gas • New York
THIS AMENDED AND RESTATED PRIORITY LIEN INTERCREDITOR AGREEMENT is dated as of [●], 2016 (as amended, restated, supplemented or otherwise modified from time to time in accordance with its terms, this “Agreement”), by and among: (i) BANK OF MONTREAL, as Pari Passu Collateral Agent (as defined below) for the Pari Passu Secured Parties referred to below; (ii) BANK OF MONTREAL, as administrative agent for the Revolving Credit Agreement Secured Parties referred to below (together with its successors and permitted assigns, in such capacity, the “Revolving Credit Agreement Agent”); (iii) AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC, as trustee under the Indenture (as defined below) (together with its successors and permitted assigns, in such capacity, the “Trustee”); (iv) COMSTOCK RESOURCES, INC., a Nevada corporation (together with its successors and permitted assigns, the “Company”); (v) each other Grantor (as defined below) and other party signatory hereto or that has executed a Joinder Co
COMSTOCK RESOURCES, INC., THE SUBSIDIARY GUARANTORS NAMED HEREIN and AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC, as Trustee SIXTH SUPPLEMENTAL INDENTURE dated as of , 2016 to INDENTURE dated as of October 9, 2009Sixth Supplemental Indenture • August 31st, 2016 • Comstock Oil & Gas, LP • Crude petroleum & natural gas • New York
THIS SIXTH SUPPLEMENTAL INDENTURE dated as of , 2016 (this “Supplemental Indenture”), is among COMSTOCK RESOURCES, INC., a Nevada corporation (hereinafter called the “Company”), the SUBSIDIARY GUARANTORS named on the signature pages hereto and AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC (hereinafter called the “Trustee”) as successor Trustee to The Bank of New York Mellon Trust Company, N.A. (“BNY”) under the Indenture, dated as of October 9, 2009, among the Company, the Subsidiary Guarantors named therein and BNY (the “Base Indenture”), as amended and supplemented by the Fourth Supplemental Indenture, dated as of June 5, 2012, among the Company, the Subsidiary Guarantors named therein and BNY (the “Fourth Supplemental Indenture”) (the Base Indenture, as amended and supplemented by the Fourth Supplemental Indenture, the “Indenture”). Capitalized terms used in this Supplemental Indenture and not otherwise defined herein shall have the meanings assigned to such terms in the Indenture.
