GMX RESOURCES, INC. SENIOR SUBORDINATED SECURED NOTES NOTE PURCHASE AGREEMENT Dated as of July 31, 2007Note Purchase Agreement • August 9th, 2007 • GMX Resources Inc • Crude petroleum & natural gas • New York
To each of the Persons named in the Purchaser Schedule attached hereto as purchasers of the Series A Notes (the “Series A Purchasers” and, together with any Additional Purchasers, the “Purchasers”)
INTERCREDITOR AGREEMENTIntercreditor Agreement • August 9th, 2007 • GMX Resources Inc • Crude petroleum & natural gas • New York
THIS INTERCREDITOR AGREEMENT (as amended, supplemented or otherwise modified from time to time, this “Agreement”), dated as of July 31, 2007, is made by and among the institutional investors listed under the caption “Noteholders” on the signature pages hereto (collectively, together with the other holders from time to time of the hereinafter described NPA Notes and their successors and assigns, the “Noteholders”); Capital One, National Association, and Union Bank of California, N.A. (collectively, together with the other lenders from time to time party to the hereinafter described Bank Loan Agreement and their successors and assigns, the “Banks”); Capital One, National Association, as agent for the Banks (in such capacity, the “Bank Agent”), and The Bank of New York Trust Company, N.A., as collateral agent for the Noteholders (together with its successors and assigns in such capacity, the “Noteholder Collateral Agent”).
THIRD AMENDMENT TO LOAN AGREEMENTLoan Agreement • August 9th, 2007 • GMX Resources Inc • Crude petroleum & natural gas
This Third Amendment to Loan Agreement (this “Amendment”) dated as of December 21, 2006, is made among GMX Resources Inc., an Oklahoma corporation (the “Borrower”), Capital One, National Association, a national banking association, as administrative agent (the “Agent”), and Union Bank of California, N.A. and Capital One, National Association, as Banks (the “Banks”), who agrees as follows:
FIFTH AMENDMENT TO LOAN AGREEMENTLoan Agreement • August 9th, 2007 • GMX Resources Inc • Crude petroleum & natural gas
July 31, 2007, is made among GMX Resources Inc., an Oklahoma corporation (the “Borrower”), Capital One, National Association, a national banking association, as administrative agent (the “Agent”), and Union Bank of California, N.A. and Capital One, National Association, as Banks (the “Banks”), who agrees as follows:
SECOND AMENDMENT TO LOAN AGREEMENTLoan Agreement • August 9th, 2007 • GMX Resources Inc • Crude petroleum & natural gas
This Second Amendment to Loan Agreement (this “Amendment”) dated as of August 14, 2006, is made among GMX Resources Inc., an Oklahoma corporation (the “Borrower”), Capital One, National Association, a national banking association, as administrative agent (the “Agent”), and Union Bank of California, N.A. and Capital One, National Association, as Banks (the “Banks”), who agrees as follows:
FOURTH AMENDMENT TO LOAN AGREEMENTLoan Agreement • August 9th, 2007 • GMX Resources Inc • Crude petroleum & natural gas
March 13, 2007, but effective for certain purposes as of December 31, 2006, as provided herein, is made among GMX Resources Inc., an Oklahoma corporation (the “Borrower”), Capital One, National Association, a national banking association, as administrative agent (the “Agent”), and Union Bank of California, N.A. and Capital One, National Association, as Banks (the “Banks”), who agrees as follows:
