INVESTMENT AGREEMENTInvestment Agreement • January 3rd, 2017 • Southcross Energy Partners, L.P. • Natural gas transmission • New York
This Investment Agreement (this “Agreement”) is made as of December 29, 2016 (the “Effective Date”), by and among Southcross Energy Partners, L.P., a Delaware limited partnership (“SXE”), Southcross Holdings LP, a Delaware limited partnership (“Southcross Holdings”), and Wells Fargo Bank, N.A., as administrative agent under the SXE Revolving Credit Agreement (as defined below) (the “Administrative Agent”). SXE, Southcross Holdings, and the Administrative Agent are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
WAIVER AND FIFTH AMENDMENT TO THIRD AMENDED AND RESTATED REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • January 3rd, 2017 • Southcross Energy Partners, L.P. • Natural gas transmission • New York
THIS THIRD AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT dated as of August 4, 2014, is among: Southcross Energy Partners, L.P., a Delaware limited partnership (the “Borrower”); each of the Lenders from time to time party hereto; Wells Fargo Bank, N.A. (in its individual capacity, “Wells Fargo”), as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the “Administrative Agent”); UBS Securities LLC and Barclays Bank PLC, as co-syndication agents for the Lenders (in such capacity, together with their successors in such capacity, the “Co-Syndication Agents”); and JPMorgan Chase Bank, N.A. as Documentation Agent for the Lenders (in such capacity, together with its successors in such capacity, the “Documentation Agent”).
Ladies and Gentlemen: This Backstop Investment Commitment Letter (this “Letter Agreement”) is made as of December 29, 2016 by and among:Backstop Investment Commitment • January 3rd, 2017 • Southcross Energy Partners, L.P. • Natural gas transmission • New York
FIRST AMENDMENT TO EQUITY CURE CONTRIBUTION AGREEMENTEquity Cure Contribution Agreement • January 3rd, 2017 • Southcross Energy Partners, L.P. • Natural gas transmission
THIS FIRST AMENDMENT TO EQUITY CURE CONTRIBUTION AGREEMENT (this “Amendment”) is entered into effective as of December 29, 2016 (the “Amendment Effective Date”), between SOUTHCROSS ENERGY PARTNERS, L.P., a Delaware limited partnership (“SXE”) and SOUTHCROSS HOLDINGS LP, a Delaware limited partnership (“Southcross Holdings”). Unless otherwise defined herein, all capitalized terms used herein that are defined in the Contribution Agreement referred to below shall have the meanings given such terms in the Contribution Agreement, as amended hereby.
