346 OF THE TEXAS
FINANCE CODE (WHICH REGULATES CERTAIN REVOLVING CREDIT ACCOUNTS (FORMERLY TEX.
REV. CIV. STAT. ANN. ART. 5069, CH. 15)) SHALL NOT APPLY TO THIS AGREEMENT OR TO
ANY LOAN, NOR SHALL THIS AGREEMENT OR ANY LOAN BE GOVERNED BY OR BE SUBJECT TO
THE PROVISIONS OF SUCH CHAPTER 346 IN ANY MANNER WHATSOEVER.
SECTION 11.14.
USA PATRIOT ACT.
EACH LENDER THAT IS SUBJECT TO THE
REQUIREMENTS OF THE USA PATRIOT ACT (TITLE III OF PUB. L. 107-56 (SIGNED INTO
LAW OCTOBER 26, 2001)) (THE "ACT") HEREBY NOTIFIES EACH CREDIT PARTY THAT
PURSUANT TO THE REQUIREMENTS OF THE ACT, IT IS REQUIRED TO OBTAIN, VERIFY AND
RECORD INFORMATION THAT IDENTIFIES EACH CREDIT PARTY, WHICH INFORMATION INCLUDES
THE NAME AND ADDRESS OF EACH CREDIT PARTY AND OTHER INFORMATION THAT WILL ALLOW
SUCH LENDER TO IDENTIFY EACH CREDIT PARTY IN ACCORDANCE WITH THE ACT.
THE
BORROWER SHALL, UPON THE REQUEST OF THE ADMINISTRATIVE AGENT OR ANY LENDER,
PROVIDE ALL DOCUMENTATION AND OTHER INFORMATION THAT THE ADMINISTRATIVE AGENT OR
SUCH LENDER REASONABLY REQUIRES TO COMPLY WITH ITS ONGOING OBLIGATIONS UNDER
APPLICABLE "KNOW YOUR CUSTOMER" AND ANTI-MONEY LAUNDERING RULES AND REGULATIONS,
INCLUDING THE ACT.
66
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed by their respective authorized officers as of the day and year first
above written.
BORROWER:
EXCO OPERATING COMPANY, LP
(formerly known as EXCO Partners Operating
Partnership, LP)
By:
EXCO Partners OLP GP, LLC
its sole general partner
By:
/s/ J. Douglas Ramsey, Ph.D.
Name:
J. Douglas Ramsey, Ph.D.
Title:
Vice President and Chief Financial
Officer
GUARANTORS:
GARRISON GATHERING, LLC
VAUGHAN DE, LLC
VAUGHAN HOLDING COMPANY, L.L.C.
VERNON GATHERING, LLC
By:
/s/ J. Douglas Ramsey, Ph.D.
Name:
J. Douglas Ramsey, Ph.D.
Title:
Vice President and Chief Financial Officer
for each of the Credit Parties listed above
TALCO MIDSTREAM ASSETS, LTD.
By:
VAUGHAN HOLDING COMPANY, L.L.C.
its General Partner
By:
/s/ J. Douglas Ramsey, Ph.D.
Name:
J. Douglas Ramsey, Ph.D.
Title:
Vice President and Chief Financial
Officer
SIGNATURE PAGE
TGG PIPELINE, LTD.
By:
VAUGHAN HOLDING COMPANY, L.L.C.,
its General Partner
By:
/s/ J. Douglas Ramsey, Ph.D.
Name:
J. Douglas Ramsey, Ph.D.
Title:
Vice President and Chief Financial
Officer
EXCO PRODUCTION COMPANY, LP
(formerly known as Winchester Production
Company, Ltd.)
By:
VAUGHAN DE, LLC,
Its General Partner
By:
/s/ J. Douglas Ramsey, Ph.D.
Name:
J. Douglas Ramsey, Ph.D.
Title:
Vice President and Chief Financial
Officer
SIGNATURE PAGE
JPMORGAN CHASE BANK, N.A.,
as a Lender and as Administrative Agent,
By:
/s/ William Mark Cranmer
Name:
Wm. Mark Cranmer
Title:
Senior Vice President
SIGNATURE PAGE
EXHIBIT A
ASSIGNMENT AND ASSUMPTION
This Assignment and Assumption (the "Assignment and Assumption") is dated as of
the Effective Date set forth below and is entered into by and between [Insert
name of Assignor] (the "Assignor") and [Insert name of Assignee] (the
"Assignee").
Capitalized terms used but not defined herein shall have the
meanings given to them in the Credit Agreement identified below
(as amended,
the "Credit Agreement"), receipt