LIMITED WAIVER AND TENTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • August 6th, 2013 • Black Elk Energy Offshore Operations, LLC • Crude petroleum & natural gas • Texas
THIS LIMITED WAIVER AND TENTH AMENDMENT TO CREDIT AGREEMENT (the “Amendment”), dated to be effective as of July 31, 2013 (the “Amendment Effective Date”), is entered into by and among BLACK ELK ENERGY OFFSHORE OPERATIONS, LLC, a Texas limited liability company (the “Borrower”), the Guarantors party hereto (the “Guarantors”), CAPITAL ONE, N.A., as Administrative Agent for the Lenders (“Administrative Agent”) and the Lenders signatory hereto (the “Lenders”).
PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • August 6th, 2013 • Black Elk Energy Offshore Operations, LLC • Crude petroleum & natural gas • Texas
This Purchase and Sale Agreement (“Agreement”) is made and entered into as of the 31st day of July, 2013, by and between Black Elk Energy Offshore Operations, LLC, a Texas limited liability company, with an office at 11451 Katy Freeway, Suite 500, Houston, Texas 77079 (“Seller” or “Black Elk”), and Renaissance Offshore, LLC, a Delaware limited liability company, with an address at 920 Memorial City Way, Suite 800, Houston, Texas 77024 (“Buyer” or “Renaissance”). Seller and Buyer are sometimes referred to collectively as the “Parties”, and each individually as a “Party”.
GUARANTYGuaranty • August 6th, 2013 • Black Elk Energy Offshore Operations, LLC • Crude petroleum & natural gas • Texas
This Guaranty, dated as of July 31, 2013 (as amended, supplemented or otherwise modified from time to time, this “Guaranty”), is made and entered into by Platinum Partners Value Arbitrage Fund L.P., a Delaware limited partnership, Platinum Montaur Life Sciences, LLC, a Delaware limited liability company, Meserole Group LLC, a Delaware limited liability company, PPVA Black Elk Investors LLC, a Delaware limited liability company and DMRJ Group LLC, a Delaware limited liability company (each a “Guarantor” and collectively, the “Guarantors”), in favor of Capital One, N.A, as Administrative Agent for the benefit of the Lenders under the Credit Agreement (as defined below) (the “Beneficiary”). Capitalized terms used in this Guaranty, but not defined herein, shall have the meanings given to such terms in the Purchase Agreement (hereafter defined).
Scott L. Joyce Sr. Vice President Energy Banking scott.joyce@capitalone.com Capital One, N.A. 1000 Louisiana, Suite 2950 Houston, TX 77002 713.435.5342 713.650.4930 Fax capitalonebank.comBlack Elk Energy Offshore Operations, LLC • August 6th, 2013 • Crude petroleum & natural gas • Texas
Reference is made to (i) that certain Credit Agreement dated December 24, 2010 (as amended, the “Credit Agreement”) by and among Black Elk Energy Offshore Operations, LLC, a Texas limited liability company (the “Borrower”), the Guarantors party thereto, Capital One, N.A., as Administrative Agent for the Lenders (“Administrative Agent”) and the Lenders signatory thereto (the “Lenders”). Capitalized terms used herein and not otherwise defined shall have the meaning assigned to such terms in the Credit Agreement.
