WARRANT AGREEMENT between PURE ACQUISITION CORP. and CONTINENTAL STOCK TRANSFER & TRUST COMPANYWarrant Agreement • December 2nd, 2019 • HighPeak Energy, Inc. • New York
FORM OF INDEMNITY AGREEMENTForm of Indemnity Agreement • December 2nd, 2019 • HighPeak Energy, Inc. • Delaware
THIS INDEMNITY AGREEMENT (this “Agreement”) is made as of [ ], 2019, by and between HighPeak Energy, Inc., a Delaware corporation (the “Company”), and [ ] (“Indemnitee”).
Credit AgreementCredit Agreement • December 18th, 2020 • HighPeak Energy, Inc. • Drilling oil & gas wells • Texas
This Credit Agreement dated as of December 17, 2020, is among HIGHPEAK ENERGY, INC., a corporation duly formed and existing under the laws of the State of Delaware (the "Borrower"), each of the Lenders from time to time party hereto; and FIFTH THIRD BANK, NATIONAL ASSOCIATION (in its individual capacity, "Fifth Third"), as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the "Administrative Agent").
FIFTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • October 18th, 2022 • HighPeak Energy, Inc. • Drilling oil & gas wells • Texas
This Credit Agreement dated as of December 17, 2020, is among HIGHPEAK ENERGY, INC., a corporation duly formed and existing under the laws of the State of Delaware (the “Borrower”), each of the Lenders from time to time party hereto; and WELLS FARGO BANK, NATIONAL ASSOCIATION (in its individual capacity, “Wells Fargo”), as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the “Administrative Agent”).
HIGHPEAK ENERGY, INC. AND EACH OF THE GUARANTORS PARTY HERETO 10.625% SENIOR NOTES DUE 2024Indenture • December 12th, 2022 • HighPeak Energy, Inc. • Drilling oil & gas wells • New York
INDENTURE dated as of December 12, 2022, among HighPeak Energy, Inc., a Delaware corporation (together with its successors as provided herein, the “Company”), the Guarantors party hereto from time to time (as defined herein) and UMB Bank, National Association, as Trustee (the “Trustee”).
INDEMNITY AGREEMENTIndemnity Agreement • November 9th, 2020 • HighPeak Energy, Inc. • Drilling oil & gas wells • Delaware
THIS INDEMNITY AGREEMENT (this “Agreement”) is made as of , , by and between HighPeak Energy, Inc., a Delaware corporation (the “Company”), and _______ (“Indemnitee”).
HIGHPEAK ENERGY, INC. UNDERWRITING AGREEMENT 12,900,000 Shares of Common StockHighPeak Energy, Inc. • July 21st, 2023 • Drilling oil & gas wells • New York
HighPeak Energy, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated in this Underwriting Agreement (this “Agreement”), to issue and sell to Roth Capital Partners, LLC (the “Underwriter”), an aggregate of 12,900,000 authorized but unissued shares (the “Firm Shares”) of common stock, par value $0.0001 per share (the “Common Stock”), of the Company. The Company also proposes, on the terms and subject to the conditions stated herein, to issue and sell to the Underwriter an aggregate of up to 1,935,000 additional shares of Common Stock (the “Additional Shares”), as may be necessary to cover over-allotments made in connection with the offering. The Firm Shares and Additional Shares are collectively referred to as the “Shares.”
BUSINESS COMBINATION AGREEMENT by and among PURE ACQUISITION CORP., HIGHPEAK ENERGY, INC., PURE ACQUISITION MERGER SUB, INC., HIGHPEAK ENERGY, LP, HIGHPEAK ENERGY II, LP, HIGHPEAK ENERGY III, LP, HPK ENERGY, LLC, and, solely for limited purposes...Business Combination Agreement • May 4th, 2020 • HighPeak Energy, Inc. • Drilling oil & gas wells • Delaware
This Business Combination Agreement (this “Agreement”) is entered into as of May 4, 2020, by and among (i) Pure Acquisition Corp., a Delaware corporation (“Parent”), (ii) HighPeak Energy, Inc., a Delaware corporation and wholly-owned subsidiary of Parent (the “Company”), (iii) Pure Acquisition Merger Sub, Inc., a Delaware corporation and wholly-owned subsidiary of the Company (“Merger Sub” and together with Parent and the Company, the “Parent Parties”), (iv) HighPeak Energy, LP, a Delaware limited partnership (“HighPeak I”), (v) HighPeak Energy II, LP, a Delaware limited partnership (“HighPeak II”), (vi) HighPeak Energy III, LP, a Delaware limited partnership (“HighPeak III”), (vii) HPK Energy, LLC, a Delaware limited liability company (“HPK Energy GP”, and together with HighPeak I, HighPeak II and HighPeak III, collectively, “Contributor”, unless the context clearly requires a reference to one of such Persons, then each such Person is separately referred to as a “Contributor”), and (v
SPONSOR SUPPORT AGREEMENTSponsor Support Agreement • December 2nd, 2019 • HighPeak Energy, Inc. • Delaware
This SPONSOR SUPPORT AGREEMENT (this “Agreement”), dated as of November 27, 2019, is made by and between HighPeak Pure Acquisition, LLC, a Delaware limited liability company (the “Sponsor”), and Pure Acquisition Corp., a Delaware corporation (“Parent”). The Sponsor and Parent shall be referred to herein from time to time collectively as the “Parties.” Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Business Combination Agreement (as defined below).
FIRST AMENDMENT TO CONTRIBUTION AGREEMENTContribution Agreement • February 7th, 2020 • HighPeak Energy, Inc. • Drilling oil & gas wells
This FIRST AMENDMENT TO CONTRIBUTION AGREEMENT (this “Amendment”), dated as of February 6, 2020, is by and among Grenadier Energy Partners II, LLC, a Delaware limited liability company (“Contributor”), HighPeak Energy Assets II, LLC, a Delaware limited liability company (“Acquiror”), Pure Acquisition Corp., a Delaware corporation (“Pure”), HighPeak Energy, Inc., a Delaware corporation (“HighPeak Energy”) and solely for the purposes of Sections 2 and 3 of this Amendment, each of HPK Energy, LLC, a Delaware limited liability company (“HPK GP”), HighPeak Energy Management, LLC, a Delaware limited partnership (“HPK Representative”), HighPeak Energy, LP, a Delaware limited partnership (“HighPeak I”), HighPeak Energy II, LP, a Delaware limited partnership (“HighPeak II”) and HighPeak Energy III, LP, a Delaware limited partnership (“HighPeak III” and together with HPK GP, HPK Representative, HighPeak I, HighPeak II, each individually a “HPK Party” and collectively, the “HPK Parties”). Contrib
SPONSOR SUPPORT AGREEMENTSponsor Support Agreement • May 4th, 2020 • HighPeak Energy, Inc. • Drilling oil & gas wells • Delaware
This SPONSOR SUPPORT AGREEMENT (this “Agreement”), dated as of May 4, 2020, is made by and among HighPeak Pure Acquisition, LLC, a Delaware limited liability company (the “Sponsor”), HighPeak Energy Partners II, LP, a Delaware limited partnership (“HPEP II”), and Pure Acquisition Corp., a Delaware corporation (“Parent”). The Sponsor, HPEP II and Parent shall be referred to herein from time to time collectively as the “Parties.” Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Business Combination Agreement (as defined below).
FIRST AMENDMENT TO BUSINESS COMBINATION AGREEMENTBusiness Combination Agreement • February 7th, 2020 • HighPeak Energy, Inc. • Drilling oil & gas wells • Delaware
THIS FIRST AMENDMENT TO BUSINESS COMBINATION AGREEMENT (this “First Amendment”) is entered into as of February 6, 2020, by and among (i) Pure Acquisition Corp., a Delaware corporation (“Parent”), (ii) HighPeak Energy, Inc., a Delaware corporation and wholly-owned subsidiary of Parent (the “Company”), (iii) Pure Acquisition Merger Sub, Inc., a Delaware corporation and wholly-owned subsidiary of the Company (“Merger Sub,” and together with Parent and the Company, the “Parent Parties”), (iv) HighPeak Energy, LP, a Delaware limited partnership (“HighPeak I”), (v) HighPeak Energy II, LP, a Delaware limited partnership (“HighPeak II”), (vi) HighPeak Energy III, LP, a Delaware limited partnership (“HighPeak III”), (vii) HPK Energy, LLC, a Delaware limited liability company (“HPK Energy GP,” and together with HighPeak I, HighPeak II and HighPeak III, collectively, “Contributor,” unless the context clearly requires a reference to one of such Persons, then each such Person is separately referred
FIRST AMENDMENT TO BUSINESS COMBINATION AGREEMENTBusiness Combination Agreement • June 16th, 2020 • HighPeak Energy, Inc. • Drilling oil & gas wells
This FIRST AMENDMENT TO BUSINESS COMBINATION AGREEMENT (this “First Amendment”) is entered into as of June 12, 2020, by and among Pure Acquisition Corp., a Delaware corporation (“Parent”), HighPeak Energy, Inc., a Delaware corporation and wholly-owned subsidiary of Parent (the “Company”), Pure Acquisition Merger Sub, Inc., a Delaware corporation and wholly-owned subsidiary of the Company, HighPeak Energy, LP, a Delaware limited partnership, HighPeak Energy II, LP, a Delaware limited partnership, HighPeak Energy III, LP, a Delaware limited partnership, HPK Energy, LLC, a Delaware limited liability company, and HighPeak Energy Management, LLC, a Delaware limited liability company. The parties hereto are collectively referred to herein as the “Parties.” Capitalized terms used but not defined herein shall have the meanings assigned to such terms in the Agreement (as defined below).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • August 27th, 2020 • HighPeak Energy, Inc. • Drilling oil & gas wells • Delaware
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is dated as of August 21, 2020 (the “Effective Date”), by and among HighPeak Energy, Inc., a Delaware corporation (the “Company”), each of the persons listed under the heading “HighPeak Holders” on the signature pages attached hereto, and each party listed under the heading “Forward Purchase Holders” on the signature pages attached hereto (collectively, the “Holders,” and each individually, a “Holder”).
AMENDMENT AND ASSIGNMENT TO WARRANT AGREEMENTAmendment and Assignment • August 27th, 2020 • HighPeak Energy, Inc. • Drilling oil & gas wells • New York
This Amendment and Assignment (this “Amendment and Assignment”) is made as of August 21, 2020, but shall be effective as of the Effective Time (as defined herein), by and among Pure Acquisition Corp., a Delaware corporation (the “Company”), Continental Stock Transfer & Trust Company, a New York Corporation (the “Warrant Agent”), and HighPeak Energy, Inc., a Delaware corporation (“HighPeak Energy”), and constitutes an amendment to that certain Warrant Agreement, dated as of April 12, 2018 (the “Existing Warrant Agreement”), by and between the Company and the Warrant Agent. Capitalized terms used but not otherwise defined in this Amendment shall have the meanings given to such terms in the Existing Warrant Agreement.
CONTINGENT VALUE RIGHTS AGREEMENTContingent Value Rights Agreement • August 27th, 2020 • HighPeak Energy, Inc. • Drilling oil & gas wells • Delaware
This CONTINGENT VALUE RIGHTS AGREEMENT (as hereafter amended, restated, modified or supplemented in accordance herewith, this “Agreement”), dated as of August 21, 2020, is entered into by and among (i) HighPeak Energy, Inc., a Delaware corporation (the “Company”); (ii) HighPeak Pure Acquisition, LLC, a Delaware limited liability company (“HighPeak Acquisition”), HighPeak Energy, LP, a Delaware limited partnership (“HighPeak I”), and HighPeak Energy II, LP, a Delaware limited partnership (“HighPeak II” and together with HighPeak Acquisition and HighPeak I, each, a “Sponsor” and collectively, “Sponsors”); and (iii) Continental Stock Transfer & Trust Company, as rights agent (the “Rights Agent”).
FOURTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • June 30th, 2022 • HighPeak Energy, Inc. • Drilling oil & gas wells • Texas
This FOURTH AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) dated as of June 27, 2022 (the “Fourth Amendment Effective Date”), is among HIGHPEAK ENERGY, INC., a Delaware corporation (the “Borrower”), FIFTH THIRD BANK, NATIONAL ASSOCIATION, as administrative agent (in such capacity, together with its successors in such capacity, the “Administrative Agent”), the Guarantors, the financial institutions defined below as the Existing Lenders, and the financial institutions defined below as the New Lenders.
SPONSOR SUPPORT AGREEMENTSponsor Support Agreement • May 13th, 2020 • HighPeak Energy, Inc. • Drilling oil & gas wells • Delaware
This SPONSOR SUPPORT AGREEMENT (this “Agreement”), dated as of May 4, 2020, is made by and among HighPeak Pure Acquisition, LLC, a Delaware limited liability company (the “Sponsor”), HighPeak Energy Partners II, LP, a Delaware limited partnership (“HPEP II”), and Pure Acquisition Corp., a Delaware corporation (“Parent”). The Sponsor, HPEP II and Parent shall be referred to herein from time to time collectively as the “Parties.” Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Business Combination Agreement (as defined below).
SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE SUCH TERMS ARE BOTH NOT MATERIAL AND ARE THE TYPE THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL. THESE REDACTED TERMS HAVE BEEN MARKED IN THIS EXHIBIT WITH THREE ASTERISKS [***]....Put/Call Agreement • June 23rd, 2022 • HighPeak Energy, Inc. • Drilling oil & gas wells
This Put/Call Agreement (this “Agreement”), dated as of February 15, 2022, is entered into by and between HighPeak Energy Assets, LLC, a Delaware limited liability company (“HighPeak LLC”), HighPeak Energy, Inc., a Delaware corporation (“HighPeak Inc.” and, together with HighPeak LLC, the “HighPeak Parties”), Alamo Frac Holdings, LLC, a Texas limited liability company (“Alamo Frac”), Alamo Exploration and Production, LLC, a Texas limited liability company (“Alamo E&P”), Crockett Operating LLC, a Texas limited liability company (“Crockett”), Alamo Borden County II, LLC, a Texas limited liability company (“Alamo II”), Alamo Borden County III, LLC, a Texas limited liability company (“Alamo III”), Alamo Borden County IV, LLC, a Texas limited liability company (“Alamo IV”), [***], together with Alamo Frac, Alamo E&P, Alamo II, Alamo III, Alamo IV, Crockett, [***], the “Alamo Parties”). Each of the HighPeak Parties and the Alamo Parties may be referred to individually as a “Party” or collect
STOCKHOLDERS’ AGREEMENTStockholders’ Agreement • August 27th, 2020 • HighPeak Energy, Inc. • Drilling oil & gas wells • Delaware
THIS STOCKHOLDERS’ AGREEMENT (this “Agreement”), dated as of August 21, 2020, is made by and among HighPeak Energy, Inc., a Delaware corporation (the “Company”), HighPeak Pure Acquisition, LLC, a Delaware limited liability company (“Sponsor”), HighPeak Energy, LP, a Delaware limited partnership (“HP I”), HighPeak Energy II, LP, a Delaware limited partnership (“HP II”), HighPeak Energy III, LP, a Delaware limited partnership (“HP III”), and Jack D. Hightower (“Hightower”). Sponsor, HP I, HP II, HP III and Hightower, including in each case their respective Affiliates and Permitted Transferees (each as defined herein), shall be referred to herein collectively as the “Principal Stockholder Group” and each individually as a “Principal Stockholder.” The Company, the Principal Stockholders and any other Stockholder may be referred to herein each as a “Party” and together as the “Parties.”
NINTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • July 18th, 2023 • HighPeak Energy, Inc. • Drilling oil & gas wells • Texas
This NINTH AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) dated as of July 12, 2023 (the “Ninth Amendment Effective Date”), is among HIGHPEAK ENERGY, INC., a Delaware corporation (the “Borrower”), WELLS FARGO BANK, NATIONAL ASSOCIATION, as administrative agent (in such capacity, the “Administrative Agent”), each Issuing Bank, the Guarantors, and the financial institutions party hereto as Lenders.
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • April 2nd, 2024 • HighPeak Energy, Inc. • Drilling oil & gas wells
This FIRST AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), dated as of March 29, 2024 (the “First Amendment Effective Date”), is among HIGHPEAK ENERGY, INC., a Delaware corporation (the “Borrower”), FIFTH THIRD BANK, NATIONAL ASSOCIATION, as administrative agent (in such capacity, the “Administrative Agent”), each Guarantor party hereto and the financial institutions party hereto as Lenders.
EIGHTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • March 15th, 2023 • HighPeak Energy, Inc. • Drilling oil & gas wells • Texas
This EIGHTH AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) dated as of March 14, 2023 (the “Eighth Amendment Effective Date”), is among HIGHPEAK ENERGY, INC., a Delaware corporation (the “Borrower”), WELLS FARGO BANK, NATIONAL ASSOCIATION, as administrative agent (in such capacity, the “Administrative Agent”), each Issuing Bank, the Guarantors, and the financial institutions party hereto as Lenders.
SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE SUCH TERMS ARE BOTH NOT MATERIAL AND ARE THE TYPE THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL. THESE REDACTED TERMS HAVE BEEN MARKED IN THIS EXHIBIT WITH THREE ASTERISKS [***]....Adoption Agreement • June 30th, 2022 • HighPeak Energy, Inc. • Drilling oil & gas wells • Texas
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of June 27, 2022, to be effective as of the Closing (as defined below), is by and among HighPeak Energy, Inc., a Delaware corporation (the “Company”), Hannathon Petroleum, LLC (“Hannathon”), the parties listed as signatories hereto in their capacities as holders of Registrable Securities (the “Additional Holders”), and any Transferees thereof which hold Registrable Securities (collectively with Hannathon Petroleum, LLC and the Additional Holders, the “Holders”).
COLLATERAL AGENCY AGREEMENT dated as of September 12, 2023 among HIGHPEAK ENERGY, INC., as the Company, the other Grantors from time to time party hereto, TEXAS CAPITAL BANK, as the Collateral Agent, MERCURIA ENERGY TRADING SA, as the First-Out...Collateral Agency Agreement • September 15th, 2023 • HighPeak Energy, Inc. • Drilling oil & gas wells • New York
This COLLATERAL AGENCY AGREEMENT (as amended, supplemented, amended and restated or otherwise modified from time to time in accordance with Section 7.1 hereof, this “Agreement”) is dated as of September 12, 2023 and is by and among HIGHPEAK ENERGY, INC., a Delaware corporation (the “Company”), the other Grantors from time to time party hereto, TEXAS CAPITAL BANK (“Texas Capital”) in its capacity as the Collateral Agent (as defined below) for the benefit of itself and the other Secured Parties, MERCURIA ENERGY TRADING SA, in its capacity as First-Out Representative (as defined below) and each of the undersigned Senior Hedging Parties (as defined below), CHAMBERS ENERGY MANAGEMENT, LP (“Chambers Energy”), in its capacity as the Term Representative (as defined below), and any other First-Out Debt Holder or other Representative that from time to time becomes party hereto by executing and delivering a Collateral Agency Joinder.
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • June 24th, 2021 • HighPeak Energy, Inc. • Drilling oil & gas wells • Texas
This FIRST AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) dated as of June 23, 2021 (the “First Amendment Effective Date”), is among HIGHPEAK ENERGY, INC., a Delaware corporation (the “Borrower”), FIFTH THIRD BANK, NATIONAL ASSOCIATION, as administrative agent (in such capacity, together with its successors in such capacity, the “Administrative Agent”), the Guarantors, the financial institutions defined below as the Existing Lender, and the financial institutions defined below as the New Lenders.
CREDIT AGREEMENT among HIGHPEAK ENERGY, INC. as Borrower, The Several Lenders from Time to Time Parties Hereto, and TEXAS CAPITAL BANK, as Administrative Agent, and CHAMBERS ENERGY MANAGEMENT, LP, as Collateral Agent Dated as of September 12, 2023...Credit Agreement • September 15th, 2023 • HighPeak Energy, Inc. • Drilling oil & gas wells • New York
This CREDIT AGREEMENT, dated as of September 12, 2023, is by and among HIGHPEAK ENERGY, INC., a Delaware corporation (“Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement (the “Lenders”), TEXAS CAPITAL BANK, as administrative agent (in such capacity, “Administrative Agent”), and CHAMBERS ENERGY MANAGEMENT, LP as collateral agent (in such capacity, “Collateral Agent”).
100,000,000 CREDIT AGREEMENT among HIGHPEAK ENERGY, INC. as Borrower, The Several Lenders from Time to Time Parties Hereto, and FIFTH THIRD BANK, NATIONAL ASSOCIATION, as Administrative Agent, Collateral Agent and L/C Issuer, and FIFTH THIRD BANK,...Credit Agreement • November 6th, 2023 • HighPeak Energy, Inc. • Drilling oil & gas wells • New York
This CREDIT AGREEMENT dated as of November 1, 2023, is by and among HIGHPEAK ENERGY, INC., a Delaware corporation (“Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement (the “Lenders”), FIFTH THIRD BANK, NATIONAL ASSOCIATION, as administrative agent (in such capacity, “Administrative Agent”) and L/C Issuer, and FIFTH THIRD BANK, NATIONAL ASSOCIATION, as collateral agent (in such capacity, “Collateral Agent”).
SECOND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • October 4th, 2021 • HighPeak Energy, Inc. • Drilling oil & gas wells • Texas
This SECOND AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) dated as of October 1, 2021 (the “Second Amendment Effective Date”), is among HIGHPEAK ENERGY, INC., a Delaware corporation (the “Borrower”), FIFTH THIRD BANK, NATIONAL ASSOCIATION, as administrative agent (in such capacity, together with its successors in such capacity, the “Administrative Agent”), the Guarantors, and each of the Lenders party hereto.
SEVENTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • March 6th, 2023 • HighPeak Energy, Inc. • Drilling oil & gas wells • Texas
This SEVENTH AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) dated as of December 9, 2022 (the “Seventh Amendment Effective Date”), is among HIGHPEAK ENERGY, INC., a Delaware corporation (the “Borrower”), WELLS FARGO BANK, NATIONAL ASSOCIATION, as administrative agent (in such capacity, the “Administrative Agent”), each Issuing Bank, the Guarantors, and the financial institutions party hereto as Lenders.
SIXTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • November 4th, 2022 • HighPeak Energy, Inc. • Drilling oil & gas wells • Texas
This SIXTH AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) dated as of October 31, 2022 (the “Sixth Amendment Effective Date”), is among HIGHPEAK ENERGY, INC., a Delaware corporation (the “Borrower”), WELLS FARGO BANK, NATIONAL ASSOCIATION, as administrative agent (in such capacity, the “Administrative Agent”), each Issuing Bank, the Guarantors, and the financial institutions party hereto as Lenders.
