FIFTH AMENDMENT TO CREDIT AGREEMENT
THIS AMENDMENT TO CREDIT AGREEMENT, made and entered into as of the 6th day of
December, 1999, by and between U.S. BANK NATIONAL ASSOCIATION MT, (hereinafter
referred to as "Lender"), and Energy West, Incorporated, a Montana Corporation
with its chief executive office at No. 0 Xxxxx Xxxxxx Xxxxx, Xxxxx Xxxxx, XX
00000 (hereinafter referred to as "Borrower").
RECITALS
The parties entered into a Credit agreement dated as of February 12, 1997
(hereinafter referred to as the "Agreement"), and the parties now desire to
amend the Agreement as hereinafter provided. Capitalized terms not otherwise
defined herein shall have the meanings assigned to them in the Agreement.
NOW, THEREFORE, the parties mutually agree as follows:
1. The Agreement is hereby amended to provide:
(a) Section 2.4 (B) is hereby amended as follows:
Reduce the reference rate option to U.S. Bank reference rate
minus 0.6% per annum.
2. Except as herein amended, each and all of the terms and provisions of
the Agreement shall be and remain in full force and effect during the term
thereof.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the
Agreement, in duplicate, as of the date first hereinabove written.
Borrower hereby acknowledges receipt of a copy of this Amendment
ENERGY WEST INCORPORATED
By: /s/ Xxxxxx X. Xxxxxxx
--------------------------------------
Title: Chief Financial Officer
U.S. BANK NATIONAL ASSOCIATION MT
By: /s/ Xxxxxx X. Xxxxxxx
--------------------------------------
Title: Senior Vice President
The undersigned Guarantors hereby acknowledge and consent to this Fifth
Amendment to Credit Agreement and Revolving Note and hereby ratify and confirm
that the Guaranty Agreement the undersigned executed dated as of February 12,
1997 in connection with the Revolving Note and the Credit Agreement remains in
full force and effect with respect to the Revolving Note and the Credit
Agreement as hereby amended.
GUARANTORS:
ROCKY MOUNTAIN FUELS, INC. MONTANA SUN, INC.
By: /s/ Xxxxxx X. Xxxxxxx By: /s/ Xxxxxx X. Xxxxxxx
-------------------------------- --------------------------------
Title: Chief Financial Officer Title: Chief Financial Officer
2
