ENCORE ACQUISITION COMPANY Underwriting AgreementUnderwriting Agreement • November 18th, 2005 • Encore Acquisition Co • Crude petroleum & natural gas • New York
Encore Acquisition Company, a Delaware corporation (the “Company”), proposes to issue and sell to Citigroup Global Markets Inc. (the “Underwriter”) $150,000,000 aggregate principal amount of its 7.25% Senior Subordinated Notes Due 2017 (the “Notes”) to be issued under an indenture dated as of November 22, 2005 (the “Original Indenture”) between the Company, as issuer, and Wells Fargo Bank, National Association, as trustee (“Trustee”), and a first supplemental indenture relating to the Notes to be dated the Closing Date (the “Supplemental Indenture”, and, together with the Original Indenture, the “Indenture”), the Company, the Trustee and the subsidiary guarantors named therein (the “Subsidiary Guarantors”). The Notes will be guarantied (the “Subsidiary Guaranties” and, together with the Notes, the “Offered Securities”) by the Subsidiary Guarantors.
SECOND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • November 18th, 2005 • Encore Acquisition Co • Crude petroleum & natural gas
THIS SECOND AMENDMENT TO CREDIT AGREEMENT (herein called the “Amendment”) made as of November 14, 2005 by and among Encore Acquisition Company, a Delaware corporation (“Borrower”), Encore Operating, L.P., a Texas limited partnership (“Operating”), Bank of America, N.A., as Administrative Agent (“Administrative Agent”) and L/C Issuer, and the Lenders party to the Original Agreement defined below (“Lenders”).
