AMENDED AND RESTATED TERM LOAN AGREEMENT Dated as of July 25, 2007Term Loan Agreement • July 27th, 2007 • TXCO Resources Inc • Crude petroleum & natural gas • New York
This AMENDED AND RESTATED TERM LOAN AGREEMENT (this "Agreement") is entered into as of July 25, 2007, among TXCO RESOURCES INC. (formerly named THE EXPLORATION COMPANY OF DELAWARE, INC.), a Delaware corporation (the "Company"); OUTPUT ACQUISITION CORP., a Texas corporation ("Merger Sub"); TXCO ENERGY CORP., a Texas corporation ("TXCOE"); TEXAS TAR SANDS INC., a Texas corporation ("TTSI"); OPEX ENERGY, LLC, a Texas limited liability company ("OPEX"); each of the financial institutions which is or which may from time to time become a signatory to this Agreement (individually, a "Lender" and collectively, the "Lenders"); and BANK OF MONTREAL, a Canadian chartered bank acting through certain of its United States branches and agencies, including its Chicago, Illinois branch, as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the "Administrative Agent"), and BMO CAPITAL MARKETS CORP., as arranger (in such capacity, the "Arranger").
FIRST AMENDMENT TO THE AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • July 27th, 2007 • TXCO Resources Inc • Crude petroleum & natural gas • New York
THIS FIRST AMENDMENT TO THE AMENDED AND RESTATED CREDIT AGREEMENT (this "First Amendment"), dated and effective as of July 25, 2007 (the "First Amendment Effective Date"), which amends that certain Amended and Restated Credit Agreement dated as of April 2, 2007 by and among TXCO RESOURCES, INC. (formerly named THE EXPLORATION COMPANY OF DELAWARE, INC.), a Delaware corporation (the "Company"), OUTPUT ACQUISITION CORP., a Texas corporation ("Merger Sub"), TXCO ENERGY CORP., a Texas corporation ("TXCOE"), TEXAS TAR SANDS INC., a Texas corporation ("TTSI" and, together with Merger Sub, TXCOE, the "Original Guarantors"), each of the Lenders party thereto, BANK OF MONTREAL, a Canadian chartered bank acting through certain of its United States branches and agencies, including its Chicago, Illinois branch, as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the "Administrative Agent"), and BMO CAPITAL MARKETS CORP., as arranger (as in effec
