COMMITMENT INCREASE AND ACCESSION AGREEMENTCommitment Increase and Accession Agreement • July 30th, 2008 • Xto Energy Inc • Crude petroleum & natural gas • Texas
Contract Type FiledJuly 30th, 2008 Company Industry JurisdictionTHIS COMMITMENT INCREASE AND ACCESSION AGREEMENT (this “Agreement”) dated as of July 17, 2008, is among DNB NOR BANK ASA (“DnB NOR”) and MERRILL LYNCH BANK USA (“Merrill” and, together with DnB Nor, each a “New Lender” and collectively, the “New Lenders”); EXPORT DEVELOPMENT CANADA (“EDC”) and COMPASS BANK (“Compass” and, together with EDC, each an “Existing Lender” and collectively, the “Existing Lenders”); XTO ENERGY INC., a Delaware corporation (the “Borrower”); and JPMORGAN CHASE BANK, N.A., as administrative agent (in such capacity, together with its successors in such capacity, the “Administrative Agent”) for the lenders party to the Credit Agreement referred to below. Each capitalized term used herein but not otherwise defined herein has the meaning given such term in the Credit Agreement.