DOCUMENTS OR TO SEEK AFFIRMATIVE RELIEF OR DAMAGES OF ANY
KIND OR NATURE FROM AGENT. EACH BORROWER HEREBY VOLUNTARILY AND KNOWINGLY
RELEASES AND FOREVER DISCHARGES AGENT, ITS PREDECESSORS, AGENTS, EMPLOYEES,
SUCCESSORS AND ASSIGNS, FROM ALL POSSIBLE CLAIMS, DEMANDS, ACTIONS, CAUSES OF
ACTION, DAMAGES, COSTS, EXPENSES, AND LIABILITIES WHATSOEVER, KNOWN OR UNKNOWN,
ANTICIPATED OR UNANTICIPATED, SUSPECTED OR UNSUSPECTED, FIXED, CONTINGENT, OR
CONDITIONAL, AT LAW OR IN EQUITY, ORIGINATING IN WHOLE OR IN PART ON OR BEFORE
THE DATE THIS AMENDMENT IS EXECUTED, WHICH EACH BORROWER MAY NOW OR HEREAFTER
HAVE AGAINST AGENT, ITS PREDECESSORS, AGENTS, EMPLOYEES, SUCCESSORS AND ASSIGNS,
IF ANY, AND IRRESPECTIVE OF WHETHER ANY SUCH CLAIMS ARISE OUT OF CONTRACT, TORT,
VIOLATION OF LAW OR REGULATIONS, OR OTHERWISE, AND ARISING FROM ANY LOANS OR
EXTENSIONS OF CREDIT FROM AGENT TO THE BORROWERS UNDER THE CREDIT AGREEMENT OR
THE OTHER DOCUMENTS, INCLUDING, WITHOUT LIMITATION, ANY CONTRACTING FOR,
CHARGING, TAKING, RESERVING, COLLECTING OR RECEIVING INTEREST IN EXCESS OF THE
HIGHEST LAWFUL RATE APPLICABLE, THE EXERCISE OF ANY RIGHTS AND REMEDIES UNDER
THE CREDIT AGREEMENT OR OTHER LOAN DOCUMENTS, AND NEGOTIATION FOR AND EXECUTION
OF THIS AMENDMENT.
[Signature pages follow]
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IN WITNESS WHEREOF, each of the parties hereto has executed this Amendment
as of the date first above written.
BORROWERS:
NYTEX FDF ACQUISITION, INC.
By:
/s/ Jude N. Gregory
Name:
Jude N. Gregory
Title:
Vice President and Chief Financial Officer
NEW FRANCIS OAKS, L.L.C.
By:
/s/ Jude N. Gregory
Name:
Jude N. Gregory
Title:
Vice President and Chief Financial Officer
FRANCIS' DRILLING FLUIDS, LTD.
By:
/s/ Jude N. Gregory
Name:
Jude N. Gregory
Title:
Vice President and Chief Financial Officer
GUARANTOR:
FDF - CESSNA 210 N6542U, INC.
By:
/s/ Jude N. Gregory
Name:
Jude N. Gregory
Title:
Vice President and Chief Financial Officer
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AGENT:
PNC BANK, NATIONAL ASSOCIATION
By:
/s/ Robert Reaser
Name:
Robert Reaser
Title:
Vice President
EXHIBIT A
See attached
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