Amendment for Increased Commitment - Restated Credit Agreement
EX-10.(A) 3 d46291exv10wxay.htm AMENDMENT FOR INCREASED COMMITMENT - RESTATED CREDIT AGREEMENT exv10wxay
Exhibit 10(a)
AMENDMENT FOR INCREASED COMMITMENT
THIS AMENDMENT FOR INCREASED COMMITMENT (this “Amendment”) is made as of the 31st day of March, 2007, by and among Denbury Onshore, LLC, a Delaware limited liability company (“Borrower”), JPMorgan Chase Bank, N.A., as Administrative Agent under the Credit Agreement (as defined below) (“Administrative Agent”), and the Banks party hereto (“Supplemental Banks”).
Borrower, Administrative Agent and certain other Banks and Agents, as described and defined in the Credit Agreement, are parties to that certain Sixth Amended and Restated Credit Agreement dated as of September 14, 2006 (as amended, supplemented, or restated, the “Credit Agreement”). All terms used herein and not otherwise defined shall have the same meaning given to them in the Credit Agreement.
Pursuant to Section 15.10(f) of the Credit Agreement, Borrower has the right to increase the Total Commitment by obtaining additional or increased Commitments upon satisfaction of certain conditions. This Amendment requires only the signature of Borrower, Administrative Agent and Supplemental Banks so long as the Total Commitment is not increased above the amount permitted by the Credit Agreement.
Each Supplemental Bank is an existing Bank which is increasing its Commitment.
In consideration of the foregoing, each such Supplemental Bank, from and after the date hereof, shall have a Commitment in the amount set forth on Schedule 1 attached hereto.
IN WITNESS WHEREOF, Administrative Agent, Borrower and Supplemental Banks have executed this Amendment as of the date shown above.
(Remainder of Page Intentionally Left Blank)
| BORROWER | ||||||
| DENBURY ONSHORE, LLC, a Delaware limited liability company | ||||||
| By: | /s/ Phil Rykhoek | |||||
| Phil Rykhoek, Senior Vice President and Chief Financial Officer | ||||||
[Signature Page to Amendment For Increased Commitment]
| ADMINISTRATIVE AGENT: | ||||||
| JPMORGAN CHASE BANK, N.A., as Administrative Agent | ||||||
| By: | /s/ J. Scott Fowler | |||||
| J. Scott Fowler, Senior Vice President | ||||||
| SUPPLEMENTAL BANKS: | ||||||
| JPMORGAN CHASE BANK, N.A. | ||||||
| By: | /s/ J. Scott Fowler | |||||
| J. Scott Fowler, Senior Vice President | ||||||
[Signature Page to Amendment For Increased Commitment]
| SUPPLEMENTAL BANKS: | ||||||
| FORTIS CAPITAL CORP. | ||||||
| By: Name: | /s/ David Montgomery | |||||
| Title: | Senior Vice President | |||||
| By: Name: | /s/ Darrell Holley | |||||
| Title: | Managing Director | |||||
[Signature Page to Amendment For Increased Commitment]
| SUPPLEMENTAL BANKS: | ||||||
| CALYON NEW YORK BRANCH | ||||||
| By: Name: | /s/ Michael D. Willis | |||||
| Title: | Director | |||||
| By: | /s/ Dennis E. Petito | |||||
| Name: | Dennis E. Petito | |||||
| Title: | Managing Director | |||||
[Signature Page to Amendment For Increased Commitment]
| SUPPLEMENTAL BANKS: | ||||||
| COMERICA BANK | ||||||
| By: | /s/Peter L. Sefzik | |||||
| Name: | Peter Sefzik | |||||
| Title: | Vice President | |||||
[Signature Page to Amendment For Increased Commitment]
| SUPPLEMENTAL BANKS: | ||||||
| UNION BANK OF CALIFORNIA, N.A. | ||||||
| By: | /s/Alison Fuqua | |||||
| Name: | Alison Fuqua | |||||
| Title: | Investment Banking Officer | |||||
| By: | /s/Sean Murphy | |||||
| Name: | Sean Murphy | |||||
| Title: | Vice President | |||||
[Signature Page to Amendment For Increased Commitment]
| SUPPLEMENTAL BANKS: | ||||||
| WELLS FARGO BANK, N.A. | ||||||
| By: | /s/ Reed V. Thompson | |||||
| Name: | Reed V. Thompson | |||||
| Title: | Senior Vice President | |||||
[Signature Page to Amendment For Increased Commitment]
| SUPPLEMENTAL BANKS: | ||||||
| BANK OF AMERICA, N.A. | ||||||
| By: | /s/Stephen J. Hoffman | |||||
| Name: | Stephen J. Hoffman | |||||
| Title: | Managing Director | |||||
[Signature Page to Amendment For Increased Commitment]
| SUPPLEMENTAL BANKS: | ||||||
| BANK OF SCOTLAND | ||||||
| By: | /s/Karen Weich | |||||
| Name: | Karen Weich | |||||
| Title: | Vice President | |||||
[Signature Page to Amendment For Increased Commitment]
| SUPPLEMENTAL BANKS: | ||||||
| COMPASS BANK | ||||||
| By: | /s/Dorothy Marchand | |||||
| Name: | Dorothy Marchand | |||||
| Title: | Senior Vice President | |||||
[Signature Page to Amendment For Increased Commitment]
SCHEDULE 1
Commitments
| Total | ||||||||
| Banks | Commitment Amount | Commitment Percentage | ||||||
JPMorgan Chase Bank, N.A. | $ | 42,000,000.00 | 12.00 | % | ||||
Calyon New York Branch | $ | 42,000,000.00 | 12.00 | % | ||||
Fortis Capital Corp. | $ | 42,000,000.00 | 12.00 | % | ||||
Union Bank of California, N.A. | $ | 42,000,000.00 | 12.00 | % | ||||
Comerica Bank | $ | 42,000,000.00 | 12.00 | % | ||||
Bank of America, N.A. | $ | 35,000,000.00 | 10.00 | % | ||||
Wells Fargo Bank, N.A. | $ | 35,000,000.00 | 10.00 | % | ||||
Bank of Scotland | $ | 35,000,000.00 | 10.00 | % | ||||
Compass Bank | $ | 35,000,000.00 | 10.00 | % | ||||
Totals: | $ | 350,000,000.00 | 100.00 | % | ||||
Schedule 1 - - 1
