FOURTH AMENDMENT TO AMENDED AND RESTATED LOAN AGREEMENTLoan Agreement • April 3rd, 2006 • United Fuel & Energy Corp • Retail-nonstore retailers • Texas
This Fourth Amendment to Amended and Restated Loan Agreement (this “Fourth Amendment”) is entered into as of the 29th day of March, 2006, to be effective as of June 30, 2005 (the “Effective Date”) by and among THREE D OIL CO. OF KILGORE, INC., a Texas corporation (“Borrower”), UNITED FUEL & ENERGY CORPORATION, a Texas corporation (“United” or a “Guarantor”), THOMAS E. KELLY, an individual residing in Midland County, Texas (“Kelly” or a “Guarantor”) (United and Kelly are collectively referred to herein as “Guarantors”), and CITIBANK TEXAS, N.A., a national banking association, formerly known as First American Bank, SSB (“Lender”).
UNITED FUEL & ENERGY CORPORATIONUnited Fuel & Energy Corp • April 3rd, 2006 • Retail-nonstore retailers
NEITHER THIS WARRANT NOR THE COMMON STOCK ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR ANY APPLICABLE STATE SECURITIES LAWS AND MAY NOT BE SOLD, PLEDGED OR TRANSFERRED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT FOR SUCH SECURITIES UNDER THE ACT OR UNLESS AN EXEMPTION FROM SUCH REGISTRATION IS AVAILABLE.
NOVEMBER 30, 2005 AMENDMENT TO AMENDED AND RESTATED FINANCING AGREEMENTFinancing Agreement • April 3rd, 2006 • United Fuel & Energy Corp • Retail-nonstore retailers • Texas
THIS NOVEMBER 30, 2005 AMENDMENT TO AMENDED AND RESTATED FINANCING AGREEMENT (“this Agreement”) entered into on this 29th day of March, 2006, to be effective, unless another effective date is otherwise herein specified, as of November 30, 2005 (“Effective Date”), is by and among The CIT Group Business Credit, Inc. (“CIT”) and SunTrust Bank (“SunTrust”), as Lenders (“Lenders”), CIT, as administrative and collateral agent (“Agent”) and Eddins-Walcher Company (“Eddins”) and Three D Oil Co. of Kilgore, Inc. (“Three D”) (Eddins and Three D being herein individually referred to as a “Company” and collectively referred to as the “Companies”).
