Debtor-In-Possession Credit Agreement Sample Contracts

First Amendment to Senior Secured Super-Priority Debtor in Possession Credit Agreement (September 22nd, 2017)

This FIRST AMENDMENT TO SENIOR SECURED SUPER-PRIORITY DEBTOR IN POSSESSION CREDIT AGREEMENT, dated as of September 21, 2017 (this "Amendment"), is entered into among GULFMARK OFFSHORE, INC., a Delaware corporation, as debtor and debtor-in-possession under chapter 11 of the Bankruptcy Code (the "Borrower"), GULFMARK REDERI AS, a limited company organized under the laws of Norway, as lender (including its successors and assigns, the "Lender"), and DNB BANK ASA, acting through its offices at Solheimsgaten 7C, 5058 Bergen, Norway, organization number 984 851 006, as the issuing bank (including its successors and assigns, the "Issuing Bank").

$35,000,000 SENIOR SECURED SUPER-PRIORITY DEBTOR IN POSSESSION CREDIT AGREEMENT Dated as of May 18, 2017 Among GULFMARK OFFSHORE, INC., a Debtor and Debtor-In- Possession, as the Borrower, GULFMARK REDERI AS, as Lender and DNB BANK ASA, as Issuing Bank (May 23rd, 2017)

This SENIOR SECURED SUPER-PRIORITY DEBTOR IN POSSESSION CREDIT AGREEMENT (this "Agreement"), dated as of May 18, 2017, by and among GULFMARK OFFSHORE, INC., a Delaware corporation, as a debtor and debtor- in-possession under chapter 11 of the Bankruptcy Code (as defined below) (the "Borrower"), GULFMARK REDERI AS, a limited company organized under the laws of Norway as lender (including its successors and assigns, the "Lender") and DNB BANK ASA acting through its offices at Solheimsgaten 7C, 5058 Bergen, Norway, organization number 984 851 006, as the issuing bank (including its successors and assigns, the "Issuing Bank");

SENIOR SECURED SUPER-PRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT Dated as of April 26, 2017 Among ADEPTUS HEALTH, INC., as the Borrower, FIRST CHOICE ER, LLC, ADEPTUS HEALTH LLC, and CERTAIN OF ITS SUBSIDIARIES PARTY HERETO, as the Guarantors, DEERFIELD MANAGEMENT COMPANY, L.P., as Administrative Agent, and THE LENDERS PARTY HERETO (May 1st, 2017)

This SENIOR SECURED SUPER-PRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT is entered into as of April 26, 2017 among ADEPTUS HEALTH INC., a Delaware corporation (the Borrower), ADEPTUS HEALTH LLC, a Delaware limited liability company (Holdings), FIRST CHOICE ER, LLC, a Texas limited liability company (First Choice), the other Guarantors (defined herein), the Lenders (defined herein) and DEERFIELD MANAGEMENT COMPANY, L.P., a Delaware limited partnership (together with its Affiliates, Deerfield), as Administrative Agent.

BreitBurn Energy Partners, L.P. – Debtor-In-Possession Credit Agreement (December 16th, 2016)

THIS FIRST AMENDMENT TO DEBTOR-IN-POSSESSION CREDIT AGREEMENT (hereinafter called this "Amendment") is dated effective as of December 15, 2016, by and among BREITBURN OPERATING LP, a Delaware limited partnership (the "Company"), BREITBURN ENERGY PARTNERS LP, a Delaware limited partnership ("Parent"), the other Guarantors, each Lender signatory hereto, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as administrative agent for the Lenders (in such capacity, together with its successors in such capacity "Administrative Agent"). Capitalized terms used in this Amendment, and not otherwise defined in this Amendment, have the meanings assigned thereto in the Credit Agreement defined below. The Credit Agreement, as amended by this Amendment, and as may be further amended, restated or modified from time to time, is hereinafter called the "Agreement".

BreitBurn Energy Partners, L.P. – Debtor-In-Possession Credit Agreement (December 16th, 2016)

THIS SECOND AMENDMENT TO DEBTOR-IN-POSSESSION CREDIT AGREEMENT (hereinafter called this "Amendment") is dated effective as of December 15, 2016, by and among BREITBURN OPERATING LP, a Delaware limited partnership (the "Company"), BREITBURN ENERGY PARTNERS LP, a Delaware limited partnership ("Parent"), the other Guarantors, each Lender signatory hereto, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as administrative agent for the Lenders (in such capacity, together with its successors in such capacity "Administrative Agent"). Capitalized terms used in this Amendment, and not otherwise defined in this Amendment, have the meanings assigned thereto in the Credit Agreement defined below. The Credit Agreement, as amended by this Amendment, and as may be further amended, restated or modified from time to time, is hereinafter called the "Agreement".

Erickson Air-Crane Incorporated – DEBTOR-IN-POSSESSION CREDIT AGREEMENT by and Among WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, Lead Arranger, Book Runner, Syndication Agent, and Documentation Agent, THE LENDERS THAT ARE PARTIES HERETO as the Lenders, and ERICKSON INCORPORATED and ERICKSON HELICOPTERS, INC. As Borrowers, Dated December 8, 2016 (And Effective as of the Filing Date) (December 14th, 2016)

THIS DEBTOR-IN-POSSESSION CREDIT AGREEMENT (this "Agreement"), is entered into as of December 8, 2016 and effective as of the Filing Date (as defined below), by and among the lenders identified on the signature pages hereof (each of such lenders, together with its successors and permitted assigns, is referred to hereinafter as a "Lender", as that term is hereinafter further defined), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as administrative agent for each member of the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, "Agent"), as lead arranger (in such capacity, together with its successors and assigns in such capacity, the "Lead Arranger"), as book runner (in such capacity, together with its successors and assigns in such capacity, the "Book Runner"), as syndication agent (in such capacity, together with its successors and assigns in such capacity, the "Syndication Agent"), and as

Amendment No. 6 and Consent Under Superpriority Secured Debtor-In-Possession Credit Agreement (December 14th, 2016)

AMENDMENT NO. 6 AND CONSENT, dated as of December 13, 2016 (this Amendment and Consent), in connection with that certain Superpriority Secured Debtor-In-Possession Credit Agreement dated as of April 18, 2016 and amended by Amendment No. 1 dated as of May 9, 2016, by Amendment No. 2 dated as of May 18, 2016, by Amendment No. 3 dated as of July 19, 2016, by Amendment No. 4 and Consent dated as of October 11, 2016 and by Amendment No. 5 dated as of November 22, 2016 (the Existing Credit Agreement and, as amended hereby, the Credit Agreement) among, inter alios, PEABODY ENERGY CORPORATION, a Delaware corporation and a debtor and debtor-in-possession in the Cases (the Borrower), the SUBSIDIARY GUARANTORS party thereto from time to time, certain of which are debtors and debtors-in-possession in the Cases, the LENDERS party thereto from time to time, the L/C ISSUER party thereto and Citibank, N.A., as Administrative Agent (the Administrative Agent).

Amendment No. 5 to Superpriority Secured Debtor-In-Possession Credit Agreement (November 23rd, 2016)

AMENDMENT NO. 5, dated as of November 22, 2016 (this Amendment), in connection with that certain Superpriority Secured Debtor-In-Possession Credit Agreement dated as of April 18, 2016 and amended by Amendment No. 1 dated as of May 9, 2016, by Amendment No. 2 dated as of May 18, 2016, by Amendment No. 3 dated as of July 19, 2016 and by Amendment No. 4 dated as of October 11, 2016 (the Existing Credit Agreement and, as amended hereby, the Credit Agreement) among, inter alios, PEABODY ENERGY CORPORATION, a Delaware corporation and a debtor and debtor-in-possession in the Cases (the Borrower), the SUBSIDIARY GUARANTORS party thereto from time to time, certain of which are debtors and debtors-in-possession in the Cases, the LENDERS party thereto from time to time, the L/C ISSUER party thereto and Citibank, N.A., as Administrative Agent (the Administrative Agent).

Amendment No. 4 and Consent Under Superpriority Secured Debtor-In-Possession Credit Agreement (October 14th, 2016)

AMENDMENT NO. 4 AND CONSENT, dated as of October 11, 2016 (this "Amendment and Consent"), in connection with that certain Superpriority Secured Debtor-In-Possession Credit Agreement dated as of April 18, 2016 and amended by Amendment No. 1 dated as of May 9, 2016, by Amendment No. 2 dated as of May 18, 2016 and by Amendment No. 3 dated as of July 19, 2016 (the "Existing Credit Agreement" and, as amended hereby, the "Credit Agreement") among, inter alios, PEABODY ENERGY CORPORATION, a Delaware corporation and a debtor and debtor-in-possession in the Cases (the "Borrower"), the SUBSIDIARY GUARANTORS party thereto from time to time, certain of which are debtors and debtors-in-possession in the Cases, the LENDERS party thereto from time to time, the ISSUING BANK party thereto and Citibank, N.A., as Administrative Agent (the "Administrative Agent").

C&J Energy Services Ltd. – SUPERPRIORITY SECURED DEBTOR-IN-POSSESSION CREDIT AGREEMENT Dated as of July 29, 2016 Among C&J ENERGY SERVICES LTD., a Debtor and Debtor-In-Possession Under Chapter 11 of the Bankruptcy Code, as Parent, CJ HOLDING CO., a Debtor and Debtor-In-Possession Under Chapter 11 of the Bankruptcy Code, as U.S. Borrower, EACH OF THE SUBSIDIARIES OF THE PARENT PARTY HERETO, Each a Debtor and Debtor-In-Possession Under Chapter 11 of the Bankruptcy Code, as Guarantors and CORTLAND CAPITAL MARKET SERVICES LLC, as Administrative Agent and THE LENDERS PARTY HERETO (August 3rd, 2016)

This SUPERPRIORITY SECURED DEBTOR-IN-POSSESSION CREDIT AGREEMENT is entered into as of July 29, 2016, among C&J ENERGY SERVICES LTD., a Bermuda exempted company and a debtor and debtor-in-possession under chapter 11 of the Bankruptcy Code (the Parent) and CJ HOLDING CO., a Delaware corporation and a debtor and debtor-in-possession under chapter 11 of the Bankruptcy Code (the U.S. Borrower and, together with Parent, the Borrowers and each, a Borrower), each of the Guarantors (as defined herein) party hereto from time to time, each a debtor and debtor-in-possession under chapter 11 of the Bankruptcy Code, each Lender (as defined herein) party hereto from time to time, and CORTLAND CAPITAL MARKET SERVICES LLC, as Administrative Agent.

Sg Blocks, Inc. – DEBTOR IN POSSESSION CREDIT AGREEMENT Among SG BLOCKS, INC. As Borrower and SG BUILDING BLOCKS, INC. And ENDAXI INFRASTRUCTURE GROUP, INC. As Guarantors and HILLAIR CAPITAL INVESTMENTS L.P. As Lender and HILLAIR CAPITAL MANAGEMENT LLC as Collateral Agent Dated as of October 15, 2015 (July 7th, 2016)

This DEBTOR IN POSSESSION CREDIT AGREEMENT (as the same may from time to time be amended, restated or otherwise modified, this "Agreement") is made effective as of the 15th day of October, 2015, by and among SG BLOCKS, INC., a Delaware corporation and debtor in possession, located at 3 Columbus Circle, 16th Floor, New York, New York 10019 ("Borrower"), SG BUILDING BLOCKS, INC., a Delaware corporation and debtor in possession located at 3 Columbus Circle, 16th Floor, New York, New York 10019 ("SG Building"), ENDAXI INFRASTRUCTURE GROUP, INC., a Delaware corporation and debtor in possession located at 3 Columbus Circle, 16th Floor, New York, New York 10019 ("Endaxi" and together with SG Building, the "Guarantors" and each a "Guarantor"), HILLAIR CAPITAL MANAGEMENT LLC, a Delaware limited liability company, located at 345 Lorton Avenue, Suite 303, Burlingame, California 94010, in its capacity as the Collateral Agent for the benefit of the Lenders, HILLAIR CAPITAL INVESTMENTS L.P., a Cayma

Amendment No. 6 to Superpriority Secured Debtor-In- Possession Credit Agreement (July 1st, 2016)

AMENDMENT No. 6, dated as of June 30, 2016 (this "Amendment"), to that certain Superpriority Secured Debtor-In-Possession Credit Agreement dated as of August 6, 2015 (as previously amended, the "Existing Credit Agreement" and, as so amended hereby, the "Credit Agreement") among, inter alios, ALPHA NATURAL RESOURCES, INC., a Delaware corporation and a debtor and debtor-in-possession in the Cases (the "Borrower"), the SUBSIDIARY GUARANTORS party thereto from time to time, each a debtor and debtor-in-possession in the Cases, the LENDERS party thereto from time to time, the ISSUING BANKS party thereto from time to time, Citibank, N.A., as Administrative Agent (the "Administrative Agent") and the other agents party thereto.

BreitBurn Energy Partners, L.P. – Debtor-In-Possession Credit Agreement (May 26th, 2016)

THIS DEBTOR-IN-POSSESSION CREDIT AGREEMENT is dated as of May 19, 2016, among BREITBURN OPERATING LP, a Delaware limited partnership (the "Company"), BREITBURN ENERGY PARTNERS LP, a Delaware limited partnership ("Parent"), each of the financial institutions from time to time party hereto (individually, a "Lender" and collectively, the "Lenders"), and WELLS FARGO BANK, NATIONAL ASSOCIATION, as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the "Administrative Agent"), as Swing Line Lender (in such capacity, "Swing Line Lender"), and as Issuing Lender (defined hereinafter).

Amendment No. 2 to Superpriority Secured Debtor-In- Possession Credit Agreement (May 24th, 2016)

AMENDMENT No. 2, dated as of May 18, 2016 (this Amendment), to that certain Superpriority Secured Debtor-In-Possession Credit Agreement dated as of April 18, 2016 and amended by Amendment No. 1 dated as of May 9, 2016 (the Existing Credit Agreement and, as so amended, the Credit Agreement) among, inter alios, PEABODY ENERGY CORPORATION, a Delaware corporation and a debtor and debtor-in-possession in the Cases (the Borrower), the SUBSIDIARY GUARANTORS party thereto from time to time, certain of which are debtors and debtors-in-possession in the Cases, the LENDERS party thereto from time to time, the ISSUING BANK party thereto and Citibank, N.A., as Administrative Agent (the Administrative Agent).

Amendment No. 1 to Superpriority Secured Debtor-In- Possession Credit Agreement (May 24th, 2016)

AMENDMENT No. 1, dated as of May 9, 2016 (this Amendment), to that certain Superpriority Secured Debtor-In-Possession Credit Agreement dated as of April 18, 2016 (the Existing Credit Agreement and, as so amended, the Credit Agreement) among, inter alios, PEABODY ENERGY CORPORATION, a Delaware corporation and a debtor and debtor-in-possession in the Cases (the Borrower), the SUBSIDIARY GUARANTORS party thereto from time to time, certain of which are debtors and debtors-in-possession in the Cases, the LENDERS party thereto from time to time, the ISSUING BANK party thereto and Citibank, N.A., as Administrative Agent (the Administrative Agent).

Penn Virginia – DEBTOR-IN-POSSESSION CREDIT AGREEMENT Dated as of May 11, 2016 Among PENN VIRGINIA HOLDING CORP., as Borrower PENN VIRGINIA CORPORATION, as Parent Each Subsidiary of the Parent Party Hereto as a Guarantor, the Lenders Party Hereto and WELLS FARGO BANK, NATIONAL ASSOCIATION, as DIP Agent (May 13th, 2016)

This DEBTOR-IN-POSSESSION CREDIT AGREEMENT dated as of May 11, 2016, among PENN VIRGINIA HOLDING CORP., as Borrower, PENN VIRGINIA CORPORATION, as Parent, each Subsidiary (as defined below) party hereto, as a Guarantor, LENDERS party hereto, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as administrative agent and collateral agent (in such capacity, including any permitted successor thereto, the DIP Agent).

Fairway Group Holdings Corp. – SENIOR SECURED PRIMING AND SUPERPRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT Dated as of May 5, 2016, Among FAIRWAY GROUP ACQUISITION COMPANY, a Debtor and Debtor-In-Possession Under Chapter 11 of the Bankruptcy Code, as Borrower, FAIRWAY GROUP HOLDINGS CORP., a Debtor and Debtor-In-Possession Under Chapter 11 of the Bankruptcy Code, THE LENDERS PARTY HERETO and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH as Administrative Agent and Collateral Agent (May 10th, 2016)

SENIOR SECURED PRIMING AND SUPERPRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT dated as of May 5, 2016 (this "Agreement"), among FAIRWAY GROUP ACQUISITION COMPANY, a Delaware corporation (the "Borrower") a debtor and debtor-in-possession under Chapter 11 of the Bankruptcy Code, FAIRWAY GROUP HOLDINGS CORP., a Delaware corporation ("Holdings") a debtor and debtor-in-possession under Chapter 11 of the Bankruptcy Code, the Lenders (such term and each other capitalized term used but not defined in this introductory statement having the meaning given it in Article I), and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as administrative agent (in such capacity, including any successor thereto, the "Administrative Agent") and as collateral agent (in such capacity, including any successor thereto, the "Collateral Agent") for the Lenders.

Magnum Hunter Resources – Third Amendment to Debtor in Possession Credit Agreement (May 6th, 2016)

THIS THIRD AMENDMENT TO DEBTOR IN POSSESSION CREDIT AGREEMENT (this "Amendment"), effective as of the 1st day of April, 2016 (the "Effective Date"), is entered into by and among MAGNUM HUNTER RESOURCES CORPORATION, a Delaware corporation (the "Borrower"), the Guarantors party hereto, the undersigned Lenders listed on the signature pages hereto, in their capacity as existing Lenders, and Cantor Fitzgerald Securities (in its individual capacity, "Cantor Fitzgerald"), as administrative agent for the Lenders (in such capacity, the "Administrative Agent"). All capitalized terms used herein and not otherwise defined herein shall have the respective meanings assigned to them in the DIP Credit Agreement referred to below.

Magnum Hunter Resources – Second Amendment to Debtor in Possession Credit Agreement (May 6th, 2016)

THIS SECOND AMENDMENT TO DEBTOR IN POSSESSION CREDIT AGREEMENT (this "Amendment"), effective as of the 12th day of February, 2016 (the "Effective Date"), is entered into by and among MAGNUM HUNTER RESOURCES CORPORATION, a Delaware corporation (the "Borrower"), the Guarantors party hereto, the undersigned Lenders listed on the signature pages hereto, in their capacity as existing Lenders, and Cantor Fitzgerald Securities (in its individual capacity, "Cantor Fitzgerald"), as administrative agent for the Lenders (in such capacity, the "Administrative Agent"). All capitalized terms used herein and not otherwise defined herein shall have the respective meanings assigned to them in the DIP Credit Agreement referred to below.

Magnum Hunter Resources – Fifth Amendment to Debtor in Possession Credit Agreement (May 6th, 2016)

THIS FIFTH AMENDMENT TO DEBTOR IN POSSESSION CREDIT AGREEMENT (this "Amendment"), effective as of the 6th day of May, 2016 (the "Effective Date"), is entered into by and among MAGNUM HUNTER RESOURCES CORPORATION, a Delaware corporation (the "Borrower"), the Guarantors party hereto, the undersigned Lenders listed on the signature pages hereto, in their capacity as existing Lenders, and Cantor Fitzgerald Securities (in its individual capacity, "Cantor Fitzgerald"), as administrative agent for the Lenders (in such capacity, the "Administrative Agent"). All capitalized terms used herein and not otherwise defined herein shall have the respective meanings assigned to them in the DIP Credit Agreement referred to below.

SUPERPRIORITY SECURED DEBTOR-IN-POSSESSION CREDIT AGREEMENT Dated as of April 18, 2016 Among PEABODY ENERGY CORPORATION, a Debtor and Debtor-In-Possession Under Chapter 11 of the Bankruptcy Code, as Borrower, THE SUBSIDIARIES OF PEABODY ENERGY CORPORATION FROM TIME TO TIME PARTY HERETO, Certain of Which Are Debtors and Debtors-In-Possession Under Chapter 11 of the Bankruptcy Code, as Guarantors, THE LENDERS FROM TIME TO TIME PARTY HERETO, and CITIBANK, N.A., as Administrative Agent and L/C Issuer CITIGROUP GLOBAL MARKETS INC. As Sole Lead Arranger and Book Runner (April 22nd, 2016)

This SUPERPRIORITY SECURED DEBTOR-IN-POSSESSION CREDIT AGREEMENT (this "Agreement") is entered into as of April 18, 2016, among PEABODY ENERGY CORPORATION, a Delaware corporation and a Debtor and Debtor-in-Possession under Chapter 11 of the Bankruptcy Code (the "Borrower"), the GUARANTORS from time to time party hereto, certain of which are Debtors and Debtors-in-Possession under Chapter 11 of the Bankruptcy Code, the L/C ISSUER party hereto, each lender from time to time party hereto (collectively, the "Lenders" and, individually, a "Lender") and CITIBANK, N.A., as Administrative Agent.

Magnum Hunter Resources – Fourth Amendment to Debtor in Possession Credit Agreement (April 18th, 2016)

THIS FOURTH AMENDMENT TO DEBTOR IN POSSESSION CREDIT AGREEMENT (this "Amendment"), effective as of the 8th day of April, 2016 (the "Effective Date"), is entered into by and among MAGNUM HUNTER RESOURCES CORPORATION, a Delaware corporation (the "Borrower"), the Guarantors party hereto, the undersigned Lenders listed on the signature pages hereto, in their capacity as existing Lenders, and CANTOR FITZGERALD SECURITIES (in its individual capacity, "Cantor Fitzgerald"), as administrative agent for the Lenders (in such capacity, the "Administrative Agent"). All capitalized terms used herein and not otherwise defined herein shall have the respective meanings assigned to them in the DIP Credit Agreement referred to below.

DEBTOR-IN-POSSESSION CREDIT AGREEMENT Dated as of April 7, 2016 Among PACIFIC SUNWEAR OF CALIFORNIA, INC., as the Lead Borrower for the Borrowers Named Herein the Guarantors Named Herein WELLS FARGO BANK, NATIONAL ASSOCIATION as Administrative Agent, Collateral Agent, Swing Line Lender, and the Other Lenders Party Hereto WELLS FARGO CAPITAL FINANCE, LLC, as Syndication Agent, Documentation Agent, Sole Lead Arranger and Sole Bookrunner (April 8th, 2016)
DENVER PARENT Corp – Superpriority Secured Debtor-In-Possession Credit Agreement (March 24th, 2016)

This SUPERPRIORITY SECURED DEBTOR-IN-POSSESSION CREDIT AGREEMENT (this "Agreement") is entered into as of March 22, 2016, among VENOCO, INC., a Delaware corporation and a Debtor and Debtor-in-Possession under Chapter 11 of the Bankruptcy Code, as borrower (the "Company"), the GUARANTORS (defined below) party hereto, each a Debtor and Debtor-in-Possession under Chapter 11 of the Bankruptcy Code, each of the financial institutions which is or which may from time to time become a party hereto (individually, a "Lender" and collectively, the "Lenders") and WILMINGTON TRUST, NATIONAL ASSOCIATION, as administrative agent (in such capacity, together with its successors in such capacity, the "Administrative Agent").

Waiver and Amendment No. 5 to Superpriority Secured Debtor-In-Possession Credit Agreement (March 17th, 2016)

WAIVER AND AMENDMENT No. 5, dated as of March 16, 2016 (this "Amendment"), to that certain Superpriority Secured Debtor-In-Possession Credit Agreement dated as of August 6, 2015 (as previously amended, the "Existing Credit Agreement" and, as so amended hereby, the "Credit Agreement") among, inter alios, ALPHA NATURAL RESOURCES, INC., a Delaware corporation and a debtor and debtor-in-possession in the Cases (the "Borrower"), the SUBSIDIARY GUARANTORS party thereto from time to time, each a debtor and debtor-in-possession in the Cases, the LENDERS party thereto from time to time, the ISSUING BANKS party thereto from time to time, Citibank, N.A., as Administrative Agent (the "Administrative Agent") and the other agents party thereto.

Cytomedix, Inc. New – Waiver and First Amendment to Senior Secured, Super Priority Debtor-In- Possession Credit Agreement (March 11th, 2016)

WAIVER AND FIRST AMENDMENT TO SENIOR SECURED, SUPER PRIORTITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT (this "Amendment"), dated as of March 9, 2016, by and among NUO THERAPEUTICS, INC. ("Borrower"), DEERFIELD MGMT, L.P. ("Agent"), DEERFIELD PRIVATE DESIGN FUND II, L.P., DEERFIELD SPECIAL SITUATIONS FUND, L.P. and DEERFIELD PRIVATE DESIGN INTERNATIONAL II, L.P. (collectively referred to as the "Lenders" and together with the Borrower and the Agent, the "Parties").

Cytomedix, Inc. New – Senior Secured, Superpriority Debtor-In-Possession Credit Agreement (February 1st, 2016)

SENIOR SECURED, SUPERPRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT (this "Agreement"), dated as of January 28, 2016, among Nuo Therapeutics, Inc., a Delaware corporation ("Borrower"), Deerfield Mgmt, L.P., as administrative agent and collateral agent (in such capacities, the "DIP Agent") and the lenders set forth on the signature page of this Agreement (such persons and each person which from time to time becomes a party hereto as a lender, the "Lenders", and together with the DIP Agent and the Borrower, the "Parties").

SUPERPRIORITY SECURED DEBTOR-IN-POSSESSION CREDIT AGREEMENT Dated as of January 26, 2016 Among VERSO PAPER FINANCE HOLDINGS LLC, a Debtor and Debtor-In- Possession Under Chapter 11 of the Bankruptcy Code, as Holdings, VERSO PAPER HOLDINGS LLC, a Debtor and Debtor-In-Possession Under Chapter 11 of the Bankruptcy Code, as Borrower, EACH OF THE SUBSIDIARIES OF THE BORROWER PARTY HERETO, Each a Debtor and Debtor-In-Possession Under Chapter 11 of the Bankruptcy Code, as Subsidiary Loan Parties, THE LENDERS PARTY HERETO, CITIBANK, N.A., as Administrative Agent, CITIGROUP GLOBAL MARKETS INC. And WELLS (January 28th, 2016)

This SUPERPRIORITY SECURED DEBTOR-IN-POSSESSION CREDIT AGREEMENT dated as of January 26, 2016 (this "Agreement"), among VERSO PAPER FINANCE HOLDINGS LLC, a Delaware limited liability company and a Debtor and Debtor-in-Possession under Chapter 11 of the Bankruptcy Code ("Holdings"), VERSO PAPER HOLDINGS LLC, a Delaware limited liability company and a Debtor and Debtor-in-Possession under Chapter 11 of the Bankruptcy Code, (the "Borrower"), EACH OF THE SUBSIDIARIES OF THE BORROWER PARTY HERETO, each a Debtor and Debtor-in-Possession under Chapter 11 of the Bankruptcy Code, as Subsidiary Loan Parties, the LENDERS party hereto from time to time and CITIBANK, N.A. ("Citi"), as administrative agent (in such capacity, the "Administrative Agent") for the Lenders.

Swift Energy Company – Debtor-In-Possession Credit Agreement (January 11th, 2016)

THIS DEBTOR-IN-POSSESSION CREDIT AGREEMENT (this "Agreement") is made and entered into as of January 6, 2016, by and among SWIFT ENERGY COMPANY, a Texas corporation (the "Borrower"), each of the Lenders from time to time a party hereto, CANTOR FITZGERALD SECURITIES, as administrative agent and collateral agent for the Lenders (in such capacity, together with its successors in such capacity pursuant to the terms hereof, the "Administrative Agent"), and the other parties from time to time party hereto.

Swift Energy Company – Debtor-In-Possession Credit Agreement (January 4th, 2016)
Magnum Hunter Resources – DEBTOR IN POSSESSION CREDIT AGREEMENT Dated as of December 17, 2015 Among MAGNUM HUNTER RESOURCES CORPORATION, as Borrower, CANTOR FITZGERALD SECURITIES, as Administrative Agent and Collateral Agent, and THE LENDERS PARTY HERETO (December 21st, 2015)

THIS DEBTOR IN POSSESSION CREDIT AGREEMENT, dated as of December 17, 2015, is among MAGNUM HUNTER RESOURCES CORPORATION, a Delaware corporation (the Borrower), each of the Lenders from time to time party hereto, Cantor Fitzgerald Securities, acting through one or more of its branches or affiliates (in its individual capacity, Cantor Fitzgerald), as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the Administrative Agent) and as collateral agent (in such capacity, including any successor thereto, the Collateral Agent).

Amendment No. 4 to Superpriority Secured Debtor-In-Possession Credit Agreement (December 1st, 2015)

AMENDMENT No. 4, dated as of November 24, 2015 (this "Amendment"), to that certain Superpriority Secured Debtor-In-Possession Credit Agreement dated as of August 6, 2015 (as previously amended by Amendment Nos. 1, 2 and 3 thereto, the "Existing Credit Agreement" and, as so amended hereby, the "Credit Agreement") among, inter alios, ALPHA NATURAL RESOURCES, INC., a Delaware corporation and a debtor and debtor-in-possession in the Cases (the "Borrower"), the SUBSIDIARY GUARANTORS party thereto from time to time, each a debtor and debtor-in-possession in the Cases, the LENDERS party thereto from time to time, the ISSUING BANKS party thereto from time to time and CITIBANK, N.A., as Administrative Agent (the "Administrative Agent").

Waiver and Amendment No. 3 to Superpriority Secured Debtor-In-Possession Credit Agreement (November 5th, 2015)

AMENDMENT No. 3, dated as of November 2, 2015 (this "Amendment"), to that certain Superpriority Secured Debtor-In-Possession Credit Agreement dated as of August 6, 2015 (as previously amended, the "Existing Credit Agreement" and, as so amended hereby, the "Credit Agreement") among, inter alios, ALPHA NATURAL RESOURCES, INC., a Delaware corporation and a debtor and debtor-in-possession in the Cases (the "Borrower"), the SUBSIDIARY GUARANTORS party thereto from time to time, each a debtor and debtor-in-possession in the Cases, the LENDERS party thereto from time to time, the ISSUING BANKS party thereto from time to time, CITIBANK, N.A., as Administrative Agent (the "Administrative Agent"), and the other agents party thereto.

DEBTOR-IN-POSSESSION CREDIT AGREEMENT Dated as of October 4, 2015 Among AMERICAN APPAREL (USA), LLC, (October 8th, 2015)
SUPERPRIORITY SECURED SECOND OUT DEBTOR-IN-POSSESSION CREDIT AGREEMENT Dated as of September 18, 2015 Among ALPHA NATURAL RESOURCES, INC., a Debtor and Debtor- In-Possession Under Chapter 11 of the Bankruptcy Code, as Borrower, THE SUBSIDIARIES OF ALPHA NATURAL RESOURCES, INC. PARTY HERETO, Each a Debtor and Debtor-In-Possession Under Chapter 11 of the Bankruptcy Code, as Guarantors, THE LENDERS PARTY HERETO, THE ISSUING BANKS PARTY HERETO, CITICORP NORTH AMERICA, INC., as Administrative Agent and as Collateral Agent, and CITIGROUP GLOBAL MARKETS INC., as Sole Lead Arranger and Sole Book Manage (September 24th, 2015)

SUPERPRIORITY SECURED SECOND OUT DEBTOR-IN-POSSESSION CREDIT AGREEMENT dated as of September 18, 2015 (this "Agreement"), among ALPHA NATURAL RESOURCES, INC., a Delaware corporation and a Debtor and Debtor-in-Possession under Chapter 11 of the Bankruptcy Code (the "Borrower"), the SUBSIDIARY GUARANTORS party hereto from time to time, each a Debtor and Debtor-in-Possession under Chapter 11 of the Bankruptcy Code, the LENDERS party hereto from time to time, the ISSUING BANKS party hereto from time to time, CITICORP NORTH AMERICA, INC., as administrative agent (in such capacity, the "Administrative Agent") and as collateral agent (in such capacity, the "Collateral Agent") for the Lenders, and CITIGROUP GLOBAL MARKETS INC., as sole lead arranger and sole book manager (in such capacity, the "Lead Arranger").