ContractAffirmation of Obligations • June 1st, 2005 • S&c Holdco 3 Inc • Sausages & other prepared meat products • New York
This Affirmation of Obligations, dated as of May 26, 2005 (this “Affirmation”), is entered into among Swift & Company (the “Company”), S&C Australia Holdco Pty. Ltd. (“Australian Holdings”), Australia Meat Holdings Pty. Limited (the “Australian Company,” and together with Australian Holdings, the “Australian Borrowers,“and the Australian Borrowers collectively with the Company, the “Borrowers”), the entities listed on the signature pages hereto as guarantors (collectively, with the Borrowers, the “Guarantors”), Citicorp USA, Inc. (“Citicorp”), as Administrative Agent (in such capacity, the “Administrative Agent”), Australian Agent, and Collateral Agent, JPMorgan Chase Bank, N.A (“JPM”), as Syndication Agent and Citisecurities Limited (“Citisecurities”), as Australian Collateral Trustee for the Lenders and the Issuers party to the Credit Agreement referred to below. Capitalized terms not otherwise defined herein shall have the meanings ascribed to such terms in the Credit Agreement refe
AFFIRMATION OF OBLIGATIONSAffirmation of Obligations • March 16th, 2006 • National Energy Group Inc • Crude petroleum & natural gas
This Affirmation of Obligations is delivered by the undersigned, pursuant to Section 5.1.4 of the Amended and Restated Credit Agreement, dated as of December 20, 2005 (as amended, supplemented, amended and restated or otherwise modified from time to time, the “Amended and Restated Credit Agreement”), among NEG Operating LLC, as Borrower, (the “Borrower”) AREP Oil & Gas LLC as the Lender and the Administrative Agent, and Citicorp USA, Inc., as Collateral Agent for the Lenders and the Hedging Counterparties (the “Collateral Agent”). The Amended and Restated Credit Agreement amends and restates in its entirety that certain Credit Agreement, dated as of December 29, 2003, among the Borrower, Mizuho Corporate Bank, Ltd., as Administrative Agent for the Lenders, Bank of Texas, N.A. and The Bank of Nova Scotia, as co-agents for the Lenders and Bank of Texas, N.A., as Collateral Agent for the Lenders (the “Original Credit Agreement”). Unless otherwise defined herein, terms used herein have the
