Sundance Energy Australia LTD Sample Contracts

INDEMNIFICATION AGREEMENT
Indemnification Agreement • April 26th, 2021 • Sundance Energy Inc. • Crude petroleum & natural gas • Delaware

THIS INDEMNIFICATION AGREEMENT (the “Agreement”) is made and entered into as of April 23, 2021 between Sundance Energy Inc., a Delaware corporation (the “Company”), and [name] (“Indemnitee”).

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SUNDANCE ENERGY AUSTRALIA LIMITED (ABN 76 112 202 883) and THE BANK OF NEW YORK MELLON as Depositary and OWNERS AND HOLDERS OF AMERICAN DEPOSITARY SHARES Deposit Agreement Dated as of , 2014
Deposit Agreement • February 5th, 2014 • Sundance Energy Australia LTD • Crude petroleum & natural gas • New York

DEPOSIT AGREEMENT dated as of , 2014 among SUNDANCE ENERGY AUSTRALIA LIMITED (ABN 76 112 202 883), a company incorporated under the laws of the Commonwealth of Australia (herein called the Company), THE BANK OF NEW YORK MELLON, a New York banking corporation (herein called the Depositary), and all Owners and Holders from time to time of American Depositary Shares issued hereunder.

CREDIT AGREEMENT
Credit Agreement • July 11th, 2014 • Sundance Energy Australia LTD • Crude petroleum & natural gas • Colorado

THIS CREDIT AGREEMENT is made as of December 28, 2012, by and among SUNDANCE ENERGY, INC., a Colorado corporation (“Borrower”), WELLS FARGO BANK, N.A., as Administrative Agent, Swing Line Lender, and as LC Issuer, and the Lenders referred to below.

INDEMNIFICATION AGREEMENT
Indemnification Agreement • November 26th, 2019 • Sundance Energy Australia LTD • Crude petroleum & natural gas • Delaware

This Indemnification Agreement (the “Agreement”) is made and entered into this day of , 20 , by and between Sundance Energy Inc., a Delaware corporation (the “Company,” which term shall include, where appropriate, any Entity (as hereinafter defined) controlled directly or indirectly by the Company), and (the “Indemnitee”).

CREDIT AGREEMENT dated as of May 14, 2015 among SUNDANCE ENERGY AUSTRALIA LIMITED, SUNDANCE ENERGY, INC., as Borrower, MORGAN STANLEY ENERGY CAPITAL INC., as Administrative Agent, and the Lenders party hereto MORGAN STANLEY ENERGY CAPITAL INC. Sole...
Credit Agreement • May 15th, 2015 • Sundance Energy Australia LTD • Crude petroleum & natural gas • New York

THIS CREDIT AGREEMENT dated as of May 14 2015, is among SUNDANCE ENERGY AUSTRALIA LIMITED, a limited company organized and existing under the laws of South Australia (“Parent”), SUNDANCE ENERGY, INC., a Colorado corporation (the “Borrower”), each of the Lenders from time to time party hereto and Morgan Stanley Energy Capital Inc. (in its individual capacity, “MSECI”), as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the “Administrative Agent”).

MORTGAGE, DEED OF TRUST, ASSIGNMENT OF AS-EXTRACTED COLLATERAL, SECURITY AGREEMENT, FIXTURE FILING AND FINANCING STATEMENT FROM SEA EAGLE FORD, LLC TO DAVID LAZARUS, AS TRUSTEE FOR THE BENEFIT OF MORGAN STANLEY ENERGY CAPITAL INC., as Administrative...
Sundance Energy Australia LTD • May 1st, 2018 • Crude petroleum & natural gas • Texas

THIS MORTGAGE, DEED OF TRUST, ASSIGNMENT OF AS-EXTRACTED COLLATERAL, SECURITY AGREEMENT, FIXTURE FILING AND FINANCING STATEMENT (this “Mortgage”) is entered into as of April 23, 2018 (the “Effective Date”) by SEA EAGLE FORD, LLC, a Texas limited liability company (the “Mortgagor”), in favor of (i) David Lazarus, as Trustee for the benefit of MORGAN STANLEY ENERGY CAPITAL INC., as Administrative Agent (in such capacity, together with its successors and assigns, the “Mortgagee”), and the other Secured Parties with respect to all Mortgaged Properties located in or adjacent to the Deed of Trust State and with respect to all UCC Collateral.

CREDIT AGREEMENT dated as of April 23, 2018 among
Credit Agreement • May 1st, 2018 • Sundance Energy Australia LTD • Crude petroleum & natural gas • New York

THIS CREDIT AGREEMENT dated as of April 23, 2018, is among SUNDANCE ENERGY AUSTRALIA LIMITED, a limited company organized and existing under the laws of South Australia (“Parent”), SUNDANCE ENERGY, INC., a Colorado corporation (the “Borrower”), each of the Lenders from time to time party hereto and Natixis, New York Branch (in its individual capacity, “Natixis”), as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the “Administrative Agent”).

SECOND LIEN GUARANTY dated as of August 30, 2013 of the Guarantors listed on the signature pages hereof and that otherwise may become a party hereto in favor of WELLS FARGO ENERGY CAPITAL, INC., as Administrative Agent
Sundance Energy Australia LTD • July 11th, 2014 • Crude petroleum & natural gas • Colorado

THIS SECOND LIEN GUARANTY is made as of August 30, 2013, by the Persons listed on the signature pages hereof and that may become parties hereto pursuant to Section 9.3, in favor of WELLS FARGO ENERGY CAPITAL, INC., individually and as administrative agent under the Credit Agreement, as defined below (the “Administrative Agent”) for the benefit of the Guaranteed Parties.

STOCK PLEDGE AGREEMENT dated as of December 28, 2012 of SUNDANCE ENERGY AUSTRALIA LIMITED (ACN 112 202 883) in favor of WELLS FARGO BANK, N.A., as Administrative Agent
Stock Pledge Agreement • July 11th, 2014 • Sundance Energy Australia LTD • Crude petroleum & natural gas • Colorado

THIS STOCK PLEDGE AGREEMENT (this “Agreement”) is made as of December 28, 2012, by SUNDANCE ENERGY AUSTRALIA LIMITED (ACN 112 202 883), a company organized under the laws of South Australia (“Grantor”), in favor of WELLS FARGO BANK, N.A., individually and as administrative agent under the Credit Agreement, as defined below (the “Secured Party”) for the benefit of the Beneficiaries.

EMPLOYMENT AGREEMENT
Employment Agreement • August 10th, 2020 • Sundance Energy Inc. • Crude petroleum & natural gas • Colorado

This Employment Agreement (“Agreement”) is made and entered into as of July 8, 2020 by and among Sundance Energy, Inc., a Colorado corporation, and its successors or assigns (“Employer”), Sundance Energy Inc., a Delaware corporation and ultimate parent company of the Sundance group of companies (“Sundance”) and Christopher I. Humber (“Employee”). The parties hereto agree as follows:

SECOND LIEN STOCK PLEDGE AGREEMENT dated as of August 30, 2013 of SUNDANCE ENERGY AUSTRALIA LIMITED (ACN 112 202 883) in favor of WELLS FARGO ENERGY CAPITAL, INC., as Administrative Agent
Second Lien Stock Pledge Agreement • July 11th, 2014 • Sundance Energy Australia LTD • Crude petroleum & natural gas • Colorado

THIS SECOND LIEN STOCK PLEDGE AGREEMENT (this “Agreement”) is made as of August 30, 2013, by SUNDANCE ENERGY AUSTRALIA LIMITED (ACN 112 202 883), a company organized under the laws of South Australia (“Grantor”), in favor of WELLS FARGO ENERGY CAPITAL, INC., individually and as administrative agent under the Credit Agreement, as defined below (the “Secured Party”) for the benefit of the Beneficiaries.

SECOND LIEN CREDIT AGREEMENT
Credit Agreement • July 11th, 2014 • Sundance Energy Australia LTD • Crude petroleum & natural gas • Colorado

INTERCREDITOR AGREEMENT dated as of August 30, 2013 (this “Agreement”), among SUNDANCE ENERGY, INC., a Colorado corporation (the “Company”), WELLS FARGO BANK, N.A., as agent for the First Lien Lenders (as defined below) (in such capacity, together with any successor “Administrative Agent” as defined in the First Lien Credit Agreement (as defined below), the “First Lien Administrative Agent”), and WELLS FARGO ENERGY CAPITAL, INC., as agent for the Second Lien Lenders (as defined below) (in such capacity, together with any successor “Administrative Agent” as defined in the Second Lien Credit Agreement (as defined below), the “Second Lien Administrative Agent”).

GUARANTEE AND COLLATERAL AGREEMENT made by each of the Grantors (as defined herein) in favor of NATIXIS, NEW YORK BRANCH, as Administrative Agent Dated as of April 23, 2018
Guarantee and Collateral Agreement • May 1st, 2018 • Sundance Energy Australia LTD • Crude petroleum & natural gas • New York

This GUARANTEE AND COLLATERAL AGREEMENT, dated as of April 23, 2018, is made by SUNDANCE ENERGY AUSTRALIA LIMITED, a limited company organized and existing under the laws of South Australia (“Parent”), SUNDANCE ENERGY, INC., a Colorado corporation (the “Borrower”), and each of the other signatories hereto other than the Administrative Agent (the Borrower and each of the other signatories hereto other than the Administrative Agent, together with any other Subsidiary of the Parent that becomes a party hereto from time to time after the date hereof, the “Grantors”), in favor of NATIXIS, NEW YORK BRANCH, as administrative agent (in such capacity, together with its successors in such capacity, the “Administrative Agent”), for the banks and other financial institutions (the “Lenders”) from time to time parties to the Credit Agreement of even date herewith (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among the Parent, the Borrower, the Lenders, t

AMENDED AND RESTATED GUARANTY
Guaranty • July 11th, 2014 • Sundance Energy Australia LTD • Crude petroleum & natural gas • Colorado

THIS AMENDED AND RESTATED GUARANTY is made as of December 28, 2012, by SUNDANCE ENERGY AUSTRALIA LIMITED (ACN 112 202 883), a company organized under the laws of South Australia (“Guarantor”), in favor of WELLS FARGO BANK, N.A., individually and as Administrative Agent for the Guaranteed Parties.

SECOND LIEN SECURITY AGREEMENT dated as of August 30, 2013 of SUNDANCE ENERGY, INC., each other Grantor listed on the signature pages hereof and each other Grantor that otherwise may become a party hereto in favor of WELLS FARGO ENERGY CAPITAL, INC.,...
Second Lien • July 11th, 2014 • Sundance Energy Australia LTD • Crude petroleum & natural gas • Colorado

THIS SECOND LIEN SECURITY AGREEMENT (this “Agreement”) is made as of August 30, 2103 by SUNDANCE ENERGY, INC., a Colorado corporation (“Borrower”) and each other Grantor listed on the signature pages hereof and that may become parties hereto pursuant to Section 7.3 in favor of WELLS FARGO ENERGY CAPITAL, INC., as administrative agent under the Credit Agreement (the “Secured Party”), for the benefit of the Beneficiaries.

EMPLOYMENT AGREEMENT
Employment Agreement • May 2nd, 2016 • Sundance Energy Australia LTD • Crude petroleum & natural gas • Colorado

This Employment Agreement (“Agreement”) is made and entered into as of , by and between Sundance Energy Inc., a Colorado limited liability company, and its successors, affiliates or assigns (“Employer”) and Eric McCrady (“Employee”). The Employer is a wholly owned subsidiary of Sundance Energy Australia Ltd, a public company incorporated in Australia and listed on the Australian Stock Exchange and subject to the ASX Listing Rules (“Sundance”). The parties hereto agree as follows:

THIRD AMENDMENT AND LIMITED WAIVER TO AMENDED & RESTATED TERM LOAN CREDIT AGREEMENT AMONG SUNDANCE ENERGY INC., AS PARENT, SUNDANCE ENERGY, INC., AS BORROWER, MORGAN STANLEY CAPITAL ADMINISTRATORS INC., AS ADMINISTRATIVE AGENT, THE LOAN PARTIES PARTY...
Term Loan Credit Agreement • June 25th, 2020 • Sundance Energy Inc. • Crude petroleum & natural gas • New York

THIS AMENDED AND RESTATED TERM LOAN CREDIT AGREEMENT dated as of April 23, 2018, is among SUNDANCE ENERGY INC., a Delaware corporation (“Parent”), SUNDANCE ENERGY, INC., a Colorado corporation (the “Borrower”), each of the Lenders from time to time party hereto and Morgan Stanley Capital Administrators Inc. (in its individual capacity, “MSCAI”), as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the “Administrative Agent”).

SECOND LIEN GUARANTY
Second Lien Guaranty • July 11th, 2014 • Sundance Energy Australia LTD • Crude petroleum & natural gas • Colorado

THIS SECOND LIEN GUARANTY is made as of August 30, 2013, by SUNDANCE ENERGY AUSTRALIA LIMITED (ACN 112 202 883), a company organized under the laws of South Australia (“Guarantor”), in favor of WELLS FARGO ENERGY CAPITAL, INC., individually and as Administrative Agent for the Guaranteed Parties.

FIFTH AMENDMENT AND LIMITED WAIVER TO CREDIT AGREEMENT AMONG SUNDANCE ENERGY INC., AS PARENT, SUNDANCE ENERGY, INC., AS BORROWER, TORONTO DOMINION (TEXAS) LLC, AS ADMINISTRATIVE AGENT, THE LOAN PARTIES PARTY HERETO AND THE LENDERS PARTY HERETO Dated...
Credit Agreement • June 25th, 2020 • Sundance Energy Inc. • Crude petroleum & natural gas • New York

THIS CREDIT AGREEMENT dated as of April 23, 2018, is among SUNDANCE ENERGY INC., a Delaware corporation (“Parent”), SUNDANCE ENERGY, INC., a Colorado corporation (the “Borrower”), each of the LENDERS from time to time party hereto and TORONTO DOMINION (TEXAS) LLC (in its individual capacity, “TD”), as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the “Administrative Agent”), and THE TORONTO-DOMINION BANK, NEW YORK BRANCH (“TDNY”), as issuer of Letters of Credit hereunder.

LIMITED WAIVER
Limited Waiver • June 25th, 2020 • Sundance Energy Inc. • Crude petroleum & natural gas • New York

This LIMITED WAIVER (hereinafter referred to as this “Agreement”), dated as of May 15, 2020 (the “Execution Date”), but effective as of the Effective Date (hereinafter defined), is made by and among SUNDANCE ENERGY INC., a Delaware corporation (“Parent”), SUNDANCE ENERGY, INC., a Colorado corporation (the “Borrower”), the other LOAN PARTIES hereto and TORONTO DOMINION (TEXAS) LLC, as administrative agent (in such capacity, the “Administrative Agent”). Unless the context otherwise requires or unless otherwise expressly defined herein, capitalized terms used but not defined in this Agreement have the meanings assigned to such terms in the Credit Agreement (as defined below).

SECOND AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • April 30th, 2019 • Sundance Energy Australia LTD • Crude petroleum & natural gas • New York

This SECOND AMENDMENT TO CREDIT AGREEMENT (hereinafter referred to as the “Amendment”) is entered into as of December 28, 2018 by and among SUNDANCE ENERGY AUSTRALIA LIMITED, a limited company organized and existing under the laws of South Australia (“Parent”), SUNDANCE ENERGY, INC., a Colorado corporation (the “Borrower”), the other LOAN PARTIES hereto, the LENDERS party hereto, and NATIXIS, NEW YORK BRANCH, as Administrative Agent (in such capacity, the “Administrative Agent”). Unless the context otherwise requires or unless otherwise expressly defined herein, capitalized terms used but not defined in this Amendment have the meanings assigned to such terms in the Credit Agreement (as defined below).

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Limited Waiver to Forbearance agreement December 30, 2020
Forbearance Agreement • January 6th, 2021 • Sundance Energy Inc. • Crude petroleum & natural gas

Re: Limited Waiver to Forbearance Agreement and Sixth Amendment to Credit Agreement dated as of December 18, 2020 (as amended, restated or otherwise modified from time to time, the “Forbearance Agreement”), by and among Sundance Energy Inc., a Delaware corporation (“Parent”), Sundance Energy, Inc., a Colorado corporation (“Borrower”), each of the lenders party thereto (the “Lenders”) and Toronto Dominion (Texas) LLC, as administrative agent for the Lenders (in such capacity, together with its successors, the “Administrative Agent”)

FORBEARANCE AGREEMENT AND SIXTH AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • December 23rd, 2020 • Sundance Energy Inc. • Crude petroleum & natural gas • New York

This FORBEARANCE AGREEMENT AND SIXTH AMENDMENT TO CREDIT AGREEMENT (this “Agreement”) dated as of December 18, 2020 (the “Execution Date”) but effective for all purposes as of November 30, 2020 (the “Effective Date”) is among SUNDANCE ENERGY INC., a Delaware corporation (“Parent”), SUNDANCE ENERGY, INC., a Colorado corporation (the “Borrower”), TORONTO DOMINION (TEXAS) LLC, as administrative agent for the Lenders (in such capacity, together with its successors, the “Administrative Agent”), each of the Loan Parties party hereto and each of the lenders party hereto (individually a “Lender” and collectively, the “Lenders”).

EMPLOYMENT AGREEMENT
Employment Agreement • April 30th, 2019 • Sundance Energy Australia LTD • Crude petroleum & natural gas • Colorado

This Employment Agreement ("Agreement") is made and entered into as of by and between Sundance Energy Inc., a Colorado limited liability company, and its successors, affiliates or assigns ("Employer") and Eric McCrady ("Employee"). The Employer is a wholly owned subsidiary of Sundance Energy Australia Ltd, a public company incorporated in Australia and listed on the Australian Stock Exchange and subject to the ASX Listing Rules("Sundance"). The parties hereto agree as follows:

LIMITED WAIVER
Limited Waiver • June 25th, 2020 • Sundance Energy Inc. • Crude petroleum & natural gas • New York

This LIMITED WAIVER (hereinafter referred to as this “Agreement”), dated as of May 15, 2020 (the “Execution Date”), but effective as of the Effective Date (hereinafter defined), is made by and among SUNDANCE ENERGY INC., a Delaware corporation (“Parent”), SUNDANCE ENERGY, INC., a Colorado corporation (the “Borrower”), the other LOAN PARTIES hereto, the LENDERS party hereto, and MORGAN STANLEY CAPITAL ADMINISTRATORS INC., as administrative agent (in such capacity, the “Administrative Agent”). Unless the context otherwise requires or unless otherwise expressly defined herein, capitalized terms used but not defined in this Agreement have the meanings assigned to such terms in the Credit Agreement (as defined below).

INTERCREDITOR AGREEMENT among SUNDANCE ENERGY, INC., the other Grantors party hereto, NATIXIS, NEW YORK BRANCH, as Senior Representative, and MORGAN STANLEY ENERGY CAPITAL, INC., as the Second Priority Representative, dated as of April 23, 2018.
Intercreditor Agreement • May 1st, 2018 • Sundance Energy Australia LTD • Crude petroleum & natural gas • New York

INTERCREDITOR AGREEMENT dated as of April 23, 2018 (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), among SUNDANCE ENERGY, INC., a Colorado corporation (the “Company”), the other Grantors (as defined below) party hereto, NATIXIS, NEW YORK BRANCH, as representative for the Senior Secured Parties (in such capacity and together with its successors in such capacity, the “Senior Representative”), and MORGAN STANLEY ENERGY CAPITAL, INC., as representative for the Second Priority Debt Parties (in such capacity and together with its successors in such capacity, the “Second Priority Representative”).

FIRST AMENDMENT TO AMENDED & RESTATED TERM LOAN CREDIT AGREEMENT AMONG SUNDANCE ENERGY AUSTRALIA LIMITED, AS PARENT, SUNDANCE ENERGY, INC., AS BORROWER, MORGAN STANLEY ENERGY CAPITAL INC., AS ADMINISTRATIVE AGENT, AND THE LENDERS PARTY HERETO Dated as...
Term Loan Credit Agreement • April 30th, 2019 • Sundance Energy Australia LTD • Crude petroleum & natural gas • New York

This FIRST AMENDMENT TO AMENDED & RESTATED TERM LOAN CREDIT AGREEMENT (this “Amendment”) dated as of July 31, 2018 (the “Closing Date”) is among SUNDANCE ENERGY AUSTRALIA LIMITED, a limited company organized and existing under the laws of South Australia (“Parent”), SUNDANCE ENERGY, INC., a Colorado corporation (the “Borrower”), MORGAN STANLEY ENERGY CAPITAL INC., as administrative agent for the Lenders (in such capacity, together with its successors, the “Administrative Agent”), and each of the lenders party hereto (individually a “Lender” and collectively, the “Lenders”).

GUARANTEE AND COLLATERAL AGREEMENT made by each of the Grantors (as defined herein) in favor of MORGAN STANLEY ENERGY CAPITAL INC., as Administrative Agent Dated as of April 23, 2018
Guarantee and Collateral Agreement • May 1st, 2018 • Sundance Energy Australia LTD • Crude petroleum & natural gas • New York

This GUARANTEE AND COLLATERAL AGREEMENT, dated as of April 23, 2018, is made by SUNDANCE ENERGY AUSTRALIA LIMITED, a limited company organized and existing under the laws of South Australia (the “Parent”), SUNDANCE ENERGY, INC., a Colorado corporation (the “Borrower”), and each of the other signatories hereto other than the Administrative Agent (the Parent, the Borrower and each of the other signatories hereto other than the Administrative Agent, together with any other Subsidiary of the Parent that becomes a party hereto from time to time after the date hereof, the “Grantors”), in favor of MORGAN STANLEY ENERGY CAPITAL INC., as administrative agent (in such capacity, together with its successors in such capacity, the “Administrative Agent”), for the banks and other financial institutions (the “Lenders”) from time to time parties to the Amended and Restated Term Loan Credit Agreement of even date herewith (as amended, restated, amended and restated, supplemented or otherwise modified f

THIRD AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • September 13th, 2019 • Sundance Energy Australia LTD • Crude petroleum & natural gas • New York

This THIRD AMENDMENT TO CREDIT AGREEMENT (hereinafter referred to as this “Amendment”) is entered into as of May 15, 2019 by and among SUNDANCE ENERGY AUSTRALIA LIMITED, a limited company organized and existing under the laws of South Australia (“Parent”), SUNDANCE ENERGY, INC., a Colorado corporation (the “Borrower”), the other LOAN PARTIES hereto, the LENDERS party hereto, SunTrust Bank (“SunTrust”), The Toronto-Dominion Bank, New York Branch (“TD”, and together with SunTrust sometimes collectively referred to herein as the “New Lenders”) and NATIXIS, NEW YORK BRANCH, as Administrative Agent (in such capacity, the “Administrative Agent”). Unless the context otherwise requires or unless otherwise expressly defined herein, capitalized terms used but not defined in this Amendment have the meanings assigned to such terms in the Credit Agreement (as defined below).

RESTRUCTURING SUPPORT AGREEMENT
Restructuring Support Agreement • March 10th, 2021 • Sundance Energy Inc. • Crude petroleum & natural gas • New York

THIS JUNIOR SECURED DEBTOR-IN-POSSESSION CREDIT AGREEMENT dated as of [March 11], 2021 is among Sundance Energy Inc., a Delaware corporation (“Parent”) which is a debtor and debtor-in-possession in the Cases (as defined below), Sundance Energy, Inc., a Colorado corporation (the “Borrower”) which is a debtor and debtor-in-possession in the Cases, each of the Guarantors, each of the Lenders from time to time party hereto and Morgan Stanley Capital Administrators Inc. (in its individual capacity, “MSCAI”), as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the “Administrative Agent”).

FORM OF EMPLOYMENT AGREEMENT
Form of Employment Agreement • July 11th, 2014 • Sundance Energy Australia LTD • Crude petroleum & natural gas • Colorado

This Employment Agreement (“Agreement”) is made and entered into as of , by and between Sundance Energy Inc, a Colorado limited liability company, and its successors, affiliates or assigns (“Employer”) and Eric McCrady (“Employee”). The Employer is a wholly owned subsidiary of Sundance Energy Australia Ltd, a public company incorporated in Australia and listed on the Australian Stock Exchange and subject to the ASX Listing Rules (“Sundance”). The parties hereto agree as follows:

SUNDANCE ENERGY AUSTRALIA LIMITED AMERICAN DEPOSITARY SHARES REPRESENTING ORDINARY SHARES (NO PAR VALUE) UNDERWRITING AGREEMENT
Underwriting Agreement • February 20th, 2014 • Sundance Energy Australia LTD • Crude petroleum & natural gas • New York
Scheme Implementation Agreement Sundance Energy Australia Limited Sundance Energy Inc. Baker & McKenzie ABN 32 266 778 912 Tower One - International Towers Sydney Level 46, 100 Barangaroo Avenue Barangaroo NSW 2000 Australia www.bakermckenzie.com
Sundance Energy Australia LTD • September 11th, 2019 • Crude petroleum & natural gas • New South Wales

Parties Sundance Energy Australia Limited (ACN 112 202 883) (a company incorporated in Australia) of G 28 Greenhill Road, Wayville, South Australia, 5034 (Sundance)

Amended & Restated Term Loan Credit Agreement dated as of April 23, 2018 among
Credit Agreement • May 1st, 2018 • Sundance Energy Australia LTD • Crude petroleum & natural gas • New York

THIS AMENDED AND RESTATED TERM LOAN CREDIT AGREEMENT dated as of April 23, 2018, is among Sundance Energy Australia Limited, a limited company organized and existing under the laws of South Australia (“Parent”), Sundance Energy, Inc., a Colorado corporation (the “Borrower”), each of the Lenders from time to time party hereto and Morgan Stanley Energy Capital Inc. (in its individual capacity, “MSECI”), as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the “Administrative Agent”).

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