EXCESS/(DEFICIT) (I-II)
IV.
NET SHORT OR LONG POSITION
MMBTUS
$
Attached hereto are (i) an aging report, (ii) a schedule of netted qualified
exchange balances, (iii) a schedule of qualified inventory and (iv) a schedule
of all contras applied against (i), (ii), and (iii).
By:
Responsible Officer
EXHIBIT D
TO FOURTH AMENDMENT
EXHIBIT J
SPT ACTIVITY REPORT AS OF [DATE]
In my capacity as Responsible Officer for ATMOS ENERGY MARKETING, LLC, I hereby certify that as of the date written above, the
amounts indicated below were accurate and true as of the date of preparation. I also certify that SPT Contract related activity
has not exceeded the
limitations set forth in Section 8.16 of the Credit Agreement.
SPT Bank
Maximum Swap
Bank Close-Out
Amount
Maximum Physical
Trade Bank Close-Out
Amount
Maximum SPT
Bank Close-Out
Amount
Current Swap
Bank Close-Out
Amount
Current Physical
Trade Bank Close-Out
Amount
Current Aggregate
SPT Bank Close-Out
Amount
Available SPT
Close-Out
Amount
BNP Paribas
$ 25,000,000
$ 25,000,000
$ 25,000,000
$ 20,000,000
$
20,000,000
$ 5,000,000
Fortis Capital Corp.
$ 25,000,000
$ 25,000,000
$ 25,000,000
$ 20,000,000
$
20,000,000
$ 5,000,000
Société Générale
$ 25,000,000
$ 25,000,000
$ 25,000,000
The Royal Bank of Scotland plc
$ 25,000,000
$ 25,000,000
$ 25,000,000
NATIXIS, acting through its New York Branch
$ 25,000,000
$ 25,000,000
$ 25,000,000
The Bank of Tokyo-Mitsubishi UFJ, Ltd.
N/A
N/A
N/A
RZB Finance LLC
N/A
N/A
N/A
Brown Brothers Harriman & Co.
N/A
N/A
N/A
Totals
N/A
N/A
N/A
N/A
N/A
$ 40,000,000
N/A
CALCULATION OF SPT ACTIVITY UTILIZATION RATIO
Total Current
Aggregate SPT
Bank Close-Out
Amount
("Total CO Amount") 1
Amount of Outstanding
SPT-Related Standby Letters of
Credit (excluding all Physical
Trade Delivery-Related
Standby Letters of Credit)
("Total SPT L/C Amount")
Total Outstanding
Unilateral Overage
Advances
("Total UOA")
Covenant Cap
("Covenant Cap")2
"SPT Activity Utilization Ratio"
=
((Total CO Amount) + (Total SPT L/C Amount) + (Total UOA))
/(Covenant Cap)
[expressed as a percentage, rounded to the second decimal place]
$40,000,000
[
]
[
]
$ 50,000,000
By:
Responsible Officer
1 Determined by reference to the U.S. Dollar amount listed in the last row under
the heading "Current Aggregate SPT Bank Close-Out Amount".
2 Determined by reference to the limit set in Section 8.16 of the Credit
Agreement, which as of the Fourth Amendment is $50,000,000.
EXHIBIT E
TO FOURTH AMENDMENT
EXHIBIT A
FORM OF NOTICE OF BORROWING
(LETTERS OF CREDIT)
[Date]
Fortis Capital Corp.
BNP Paribas 15455 North Dallas Parkway
787 Seventh
Avenue Suite 1400
New York, New York 10019 Addison, TX 75001
Attention:
Edward Chin Attention: Marla Jennings
Telephone: (212) 841-2020 Telephone:
(214) 953-9314
Facsimile: (212) 841-2536 Facsimile: (214) 969-9332
Re: Uncommitted Second Amended and Restated Credit Agreement, dated to be
effective as of March 30, 2005 (as amended or supplemented from time to time,
the "Agreement"), by and among ATMOS ENERGY MARKETING, LLC (the "Borrower"), the
banks that from time to time are parties thereto, Fortis Capital Corp., as
Administrative Agent, and BNP Paribas, as Documentation