SECOND AMENDMENT TO CREDIT AGREEMENT
This SECOND AMENDMENT TO CREDIT AGREEMENT (this Second Amendment) dated as of September 6, 2019, is among FORTIS MINERALS OPERATING, LLC, a Delaware limited liability company (the Borrower); each of the undersigned Guarantors (together with the Borrower, collectively, the Credit Parties); WELLS FARGO BANK, NATIONAL ASSOCIATION, as administrative agent for the Lenders (in such capacity, together with its successors, the Administrative Agent); and the Lenders signatory hereto.
A. The Borrower, the Administrative Agent and the Lenders are parties to that certain Credit Agreement dated as of February 14, 2019 (as amended, restated, amended and restated, supplemented or otherwise modified, the Credit Agreement), pursuant to which the Lenders have made certain credit available to and on behalf of the Borrower.
B. The Borrower and the Guarantors are parties to that certain Guarantee and Collateral Agreement, dated as of February 14, 2019 (as amended, restated, amended and restated, supplemented or otherwise modified, the Guarantee and Collateral Agreement), made by each of the Credit Parties party thereto in favor of the Administrative Agent.
C. The Borrower, the Administrative Agent and the Lenders have agreed to amend certain provisions of the Credit Agreement as more fully set forth herein.
D. NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
Section 1. Defined Terms. Each capitalized term which is defined in the Credit Agreement, but which is not defined in this Second Amendment, shall have the meaning ascribed such term in the Credit Agreement. Unless otherwise indicated, all section references in this Second Amendment refer to sections of the Credit Agreement.
Section 2. Amendments to Credit Agreement. Section 1.02 is hereby amended as follows:
2.1 Amendments to Section 1.02.
(a) Each of the following definitions is hereby amended and restated in its entirety to read as follows:
Agreement means this Credit Agreement, as amended by the First Amendment and the Second Amendment, as the same may from time to time be further amended, modified, supplemented or restated.
Elected Commitments means (a) on the Second Amendment Effective Date, $148,000,000, and (b) at any time thereafter, an amount determined in accordance with Section 2.07(f).