IN SCHEDULE 9.05.
(B)
ACCOUNTS RECEIVABLE ARISING IN THE ORDINARY COURSE OF BUSINESS.
(C)
DIRECT OBLIGATIONS OF THE UNITED STATES OR ANY AGENCY THEREOF, OR
OBLIGATIONS GUARANTEED BY THE UNITED STATES OR ANY AGENCY THEREOF, IN EACH CASE
MATURING WITHIN ONE YEAR FROM THE DATE OF CREATION THEREOF.
(D)
COMMERCIAL PAPER MATURING WITHIN ONE YEAR FROM THE DATE OF
CREATION THEREOF RATED IN THE HIGHEST GRADE BY S&P OR MOODY'S.
(E)
DEPOSITS MATURING WITHIN ONE YEAR FROM THE DATE OF CREATION
THEREOF WITH, INCLUDING CERTIFICATES OF DEPOSIT ISSUED BY, ANY LENDER OR ANY
OFFICE LOCATED IN THE UNITED STATES OF ANY OTHER BANK OR TRUST COMPANY WHICH IS
ORGANIZED UNDER THE LAWS OF THE UNITED STATES OR ANY STATE THEREOF, HAS CAPITAL,
SURPLUS AND UNDIVIDED PROFITS AGGREGATING AT LEAST $100,000,000 (AS OF THE DATE
OF SUCH BANK OR TRUST COMPANY'S MOST RECENT FINANCIAL REPORTS) AND HAS A SHORT
TERM DEPOSIT RATING OF NO LOWER THAN A2 OR P2, AS SUCH RATING IS SET FORTH FROM
TIME TO TIME, BY S&P OR MOODY'S, RESPECTIVELY OR, IN THE CASE OF ANY FOREIGN
SUBSIDIARY, A BANK ORGANIZED IN A JURISDICTION IN WHICH THE FOREIGN SUBSIDIARY
CONDUCTS OPERATIONS HAVING ASSETS IN EXCESS OF $500,000,000 (OR ITS EQUIVALENT
IN ANOTHER CURRENCY).
(F)
DEPOSITS IN MONEY MARKET FUNDS INVESTING EXCLUSIVELY IN
INVESTMENTS DESCRIBED IN SECTION 9.05(C), SECTION 9.05(D) OR SECTION 9.05(E).
(G)
INVESTMENTS (I) MADE BY THE BORROWER IN OR TO THE GUARANTORS,
(II) MADE BY ANY SUBSIDIARY IN OR TO THE BORROWER OR ANY GUARANTOR AND
(III) MADE BY THE BORROWER OR ANY SUBSIDIARY IN OR TO ALL OTHER DOMESTIC
SUBSIDIARIES WHICH ARE NOT GUARANTORS IN AN AGGREGATE AMOUNT AT ANY ONE TIME
OUTSTANDING NOT TO EXCEED $1,000,000.
(H)
INVESTMENTS (INCLUDING, WITHOUT LIMITATION, CAPITAL CONTRIBUTIONS)
IN GENERAL OR LIMITED PARTNERSHIPS OR OTHER TYPES OF ENTITIES (EACH A "VENTURE")
ENTERED INTO BY THE BORROWER OR A SUBSIDIARY WITH OTHERS IN THE ORDINARY COURSE
OF BUSINESS; PROVIDED THAT (I) ANY SUCH VENTURE IS ENGAGED EXCLUSIVELY IN OIL
AND GAS EXPLORATION, DEVELOPMENT, PRODUCTION, PROCESSING AND RELATED ACTIVITIES,
INCLUDING TRANSPORTATION, (II) THE INTEREST IN SUCH VENTURE IS ACQUIRED IN THE
ORDINARY COURSE OF BUSINESS AND ON FAIR AND REASONABLE TERMS AND (III) SUCH
VENTURE INTERESTS ACQUIRED AND CAPITAL CONTRIBUTIONS MADE (VALUED AS OF THE DATE
SUCH INTEREST WAS ACQUIRED OR THE CONTRIBUTION MADE) DO NOT EXCEED, IN THE
AGGREGATE AT ANY TIME OUTSTANDING AN AMOUNT EQUAL TO $1,000,000.
(I)
INVESTMENTS MADE BY THE BORROWER OR A GUARANTOR IN DIRECT
OWNERSHIP INTERESTS IN ADDITIONAL OIL AND GAS PROPERTIES AND GAS GATHERING
SYSTEMS RELATED THERETO OR RELATED TO FARM-OUT, FARM-IN, JOINT OPERATING, JOINT
VENTURE OR AREA OF MUTUAL INTEREST AGREEMENTS, GATHERING SYSTEMS, PIPELINES OR
OTHER SIMILAR ARRANGEMENTS WHICH ARE USUAL AND CUSTOMARY IN THE OIL AND GAS
EXPLORATION AND PRODUCTION BUSINESS LOCATED WITHIN THE GEOGRAPHIC BOUNDARIES OF
THE UNITED STATES OF AMERICA, PROVIDED THAT (A) THE BORROWER SHALL BE IN
COMPLIANCE, ON A PRO FORMA BASIS AFTER GIVING EFFECT TO ANY SUCH INVESTMENT,
WITH THE FINANCIAL COVENANTS SET FORTH IN SECTION