0001193125-18-019949 Sample Contracts

DEBTOR-IN-POSSESSION CREDIT AGREEMENT dated as of January 22, 2018 among EXCO RESOURCES, INC., as Borrower CERTAIN SUBSIDIARIES OF BORROWER, as Guarantors The Lenders Party Hereto and HAMBLIN WATSA INVESTMENT COUNSEL LTD., as Administrative Agent
Debt Agreement • January 25th, 2018 • Exco Resources Inc • Crude petroleum & natural gas • New York

THIS DEBTOR-IN-POSSESSION CREDIT AGREEMENT dated as of January 22, 2018, among EXCO RESOURCES, INC., a Texas corporation, as a debtor and debtor-in-possession pursuant to a Bankruptcy Case referred to below, as Borrower, CERTAIN SUBSIDIARIES OF BORROWER, each as a debtor and debtor-in-possession pursuant to a Bankruptcy Case referred to below, as Guarantors, the LENDERS party hereto, and HAMBLIN WATSA INVESTMENT COUNSEL LTD., as Administrative Agent.

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INSTRUMENT OF APPOINTMENT AND ACCEPTANCE
Instrument of Appointment and Acceptance • January 25th, 2018 • Exco Resources Inc • Crude petroleum & natural gas

This INSTRUMENT OF APPOINTMENT AND ACCEPTANCE (this “Agreement”), dated and effective as of January 23, 2018, by and among Phoenix Investment Adviser LLC, in its capacity as investment advisor with authority to bind the beneficial owners listed on Schedule I hereof who are the Lenders holding one hundred percent (100%) of the outstanding principal amount due and owing under the Credit Agreement (defined herein) (“the Lenders”), and GLAS Trust Company LLC (“GLAS Trust”), in its capacity as the successor Administrative Agent under the Credit Agreement referred to below (in such capacity, the “Successor Administrative Agent”). Except as otherwise expressly provided or unless the context otherwise requires, all capitalized terms used herein which are defined in the Credit Agreement shall have the meaning assigned to them in the Credit Agreement.

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