Common use of Binding Effect; Continuing Agreement Clause in Contracts

Binding Effect; Continuing Agreement. (a) This Credit Agreement shall become effective at such time when all of the conditions set forth in Section 5.1 have been satisfied or waived by the Lenders and it shall have been executed by the Borrower, the Administrative Agent and the Lenders, and thereafter this Credit Agreement shall be binding upon and inure to the benefit of the Borrower, the Administrative Agent and each Lender and their respective successors and assigns. (b) This Credit Agreement shall be a continuing agreement and shall remain in full force and effect until all Loans, interest, fees and other Borrower Obligations have been paid in full and all Commitments have been terminated. Upon termination, the Borrower shall have no further obligations (other than the indemnification provisions that survive) under the Credit Documents; provided that should any payment, in whole or in part, of the Borrower Obligations be rescinded or otherwise required to be restored or returned by the Administrative Agent or any Lender, whether as a result of any proceedings in bankruptcy or reorganization or otherwise, then the Credit Documents shall automatically be reinstated and all amounts required to be restored or returned and all costs and expenses incurred by the Administrative Agent or any Lender in connection therewith shall be deemed included as part of the Borrower Obligations. Each of the parties hereto has caused a counterpart of this Credit Agreement to be duly executed and delivered as of the date first above written. BORROWER: ATMOS ENERGY CORPORATION, -------- A Texas and Virginia corporation By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇ ---------------------------------------------- Name: ▇▇▇▇ ▇. ▇▇▇▇▇ -------------------------------------------- Title: SVP, CFO and Treasurer ------------------------------------------- LENDERS: BANK OF AMERICA, N.A. ------- individually in its capacity as a Lender and in its capacity as Administrative Agent

Binding Effect; Continuing Agreement. (a) This Credit Agreement shall become effective at such time when all of the conditions set forth in Section 5.1 have been satisfied or waived by the Lenders and it shall have been executed by the Borrower, the Administrative Agent and the Lenders, and thereafter this Credit Agreement shall be binding upon and inure to the benefit of the Borrower, the Administrative Agent and each Lender and their respective successors and assigns. (b) This Credit Agreement shall be a continuing agreement and shall remain in full force and effect until all Loans, interest, fees and other Borrower Obligations have been paid in full and all Commitments have been terminated. Upon termination, the Borrower shall have no further obligations (other than the indemnification provisions that survive) under the Credit Documents; provided that should any payment, in whole or in part, of the Borrower Obligations be rescinded or otherwise required to be restored or returned by the Administrative Agent or any Lender, whether as a result of any proceedings in bankruptcy or reorganization or otherwise, then the Credit Documents shall automatically be reinstated and all amounts required to be restored or returned and all costs and expenses incurred by the Administrative Agent or any Lender in connection therewith shall be deemed included as part of the Borrower Obligations. Each of the parties hereto has caused a counterpart of this Credit Agreement to be duly executed and delivered as of the date first above written. BORROWER: ATMOS ENERGY CORPORATION, -------- A Texas and Virginia corporation By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇ ---------------------------------------------- ___________________________________ Name: ▇▇▇▇ ▇. ▇▇▇▇▇ -------------------------------------------- :___________________________________ Title: SVP, CFO and Treasurer ------------------------------------------- :__________________________________ LENDERS: BANK OF AMERICA, N.A. ------- individually in its capacity as a Lender and in its capacity as Administrative AgentAgent By:___________________________________ Name:_________________________________ Title:________________________________ FLEET NATIONAL BANK By:___________________________________ Name:_________________________________ Title:________________________________ THE FUJI BANK, LIMITED By:___________________________________ Name:_________________________________ Title:________________________________ KBC BANK N.V. By:___________________________________ Name:_________________________________ Title:________________________________ FIRST UNION NATIONAL BANK By:___________________________________ Name:_________________________________ Title:________________________________ BANK ONE, NA By:___________________________________ Name:_________________________________ Title:________________________________ SOCIETE GENERALE NEW YORK BRANCH By:___________________________________ Name:_________________________________ Title:________________________________

Binding Effect; Continuing Agreement. (a) This Credit Agreement shall become effective at such time when all of the conditions set forth in Section 5.1 have been satisfied or waived by the Lenders and it shall have been executed by the BorrowerBorrowers, the Administrative Agent and the Lenders, and thereafter this Credit Agreement shall be binding upon and inure to the benefit of the BorrowerBorrowers, the Administrative Agent and each Lender and their respective successors and permitted assigns. (b) This Credit Agreement shall be a continuing agreement and shall remain in full force and effect until all Loans, interest, fees and other Borrower Borrowers Obligations have been paid in full and all Commitments have been terminated. Upon such termination, the Borrower Borrowers shall have no further obligations (other than the indemnification those provisions that surviveexpressly survive the termination thereof) under the Credit Documents; provided that should any payment, in whole or in part, of the Borrower Borrowers Obligations be rescinded or otherwise required to be restored or returned by the Administrative Agent or any Lender, whether as a result of any proceedings in bankruptcy or reorganization or otherwise, then the Credit Documents shall automatically be reinstated and all amounts required to be restored or returned and all costs and expenses incurred by the Administrative Agent or any Lender in connection therewith shall be deemed included as part of the Borrower Borrowers Obligations. Signature Page to Duke Energy Field Services 364-Day Credit Agreement Each of the parties hereto has caused a counterpart of this Credit Agreement to be duly executed and delivered as of the date first above written. BORROWERBORROWERS: ATMOS DUKE ENERGY CORPORATIONFIELD SERVICES, -------- A Texas and Virginia corporation LLC a Delaware limited liability company By: /s/ ▇▇▇DAVI▇ ▇. ▇▇▇▇▇ ---------------------------------------------- Name: ▇▇▇▇▇ ------------------------------------------------- Name: Davi▇ ▇. ▇▇▇▇▇▇▇▇▇ -------------------------------------------- ------------------------------------------------ Title: SVPSenior Vice President/Chief Financial Officer ----------------------------------------------- DUKE ENERGY FIELD SERVICES CORPORATION, CFO and Treasurer ------------------------------------------- a Delaware corporation By: /s/ DAVI▇ ▇. ▇▇▇▇▇▇▇▇▇ ------------------------------------------------- Name: Davi▇ ▇. ▇▇▇▇▇▇▇▇▇ ------------------------------------------------ Title: Senior Vice President/Chief Financial Officer ----------------------------------------------- Signature Page to Duke Energy Field Services 364-Day Credit Agreement LENDERS: BANK OF AMERICA, N.A. ------- N.A., individually in its capacity as a Lender and in its capacity as Administrative AgentAgent By: /s/ GRET▇▇▇▇ ▇. ▇▇▇▇▇ ---------------------------------------------------- Name: Gret▇▇▇▇ ▇. ▇▇▇▇▇ -------------------------------------------------- Title: Principal ------------------------------------------------- Signature Page to Duke Energy Field Services 364-Day Credit Agreement LEHM▇▇ ▇▇▇MERCIAL PAPER INC. By: /s/ MICH▇▇▇ ▇▇▇▇▇▇▇ ---------------------------------------------------- Name: Mich▇▇▇ ▇▇▇▇▇▇▇ -------------------------------------------------- Title: Authorized Signatory ------------------------------------------------- Signature Page to Duke Energy Field Services 364-Day Credit Agreement MERR▇▇▇ ▇▇▇C▇ ▇▇▇ITAL CORPORATION