FORBEARANCE AGREEMENTForbearance Agreement • October 6th, 2011 • NYTEX Energy Holdings, Inc. • Crude petroleum & natural gas • New York
This FORBEARANCE AGREEMENT (this “Forbearance Agreement”) is entered into as of September 29, 2011 (the “Forbearance Effective Date”), by and among (i) NYTEX Energy Holdings, Inc. (“NYTEX Holdings”), (ii) NYTEX FDF Acquisition, Inc. (“NYTEX Acquisition”), (iii) WayPoint Nytex, LLC (“WayPoint”), (iv) New Francis Oaks, LLC (“New Francis”), and (v) Francis Drilling Fluids, Ltd. and any of its subsidiaries (collectively, “FDF”). Where applicable, NYTEX Holdings, NYTEX Acquisition, WayPoint, New Francis and FDF are collectively referred to as the “Parties” or each “Party.” Capitalized terms used and not otherwise defined herein have the meanings assigned to them in the Preferred Stock and Warrant Purchase Agreement, dated” as of November 23, 2010, among NYTEX Holdings, NYTEX Acquisition and WayPoint, as amended from time to time (collectively, the “WayPoint Purchase Agreement”) and all related agreements and documents, each as amended from time to time (collectively, together with the WayPo
