of the Loan Documents, nor constitute a waiver of any provision of any
of the Loan Documents.
Section 11.
Successors and Assigns.
This Amendment shall be binding
upon the Borrower and its successors and permitted assigns and shall inure,
together with all rights and remedies of each Lender hereunder, to the benefit
of each Lender and the respective successors, transferees and assigns.
Section 12.
Entire Agreement.
THIS AMENDMENT, THE
CREDIT AGREEMENT
AND THE OTHER LOAN DOCUMENTS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES
HERETO WITH RESPECT TO THE SUBJECT HEREOF AND SHALL SUPERSEDE ANY PRIOR
AGREEMENT BETWEEN THE PARTIES HERETO, WHETHER WRITTEN OR ORAL, RELATING TO THE
SUBJECT HEREOF.
FURTHERMORE, IN THIS REGARD, THIS
4
AGREEMENT
REPRESENTS THE FINAL AGREEMENT AMONG THE PARTIES THERETO AND MAY NOT
BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL
AGREEMENTS OF SUCH PARTIES.
THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG SUCH PARTIES.
[Signature Pages Follow]
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly
executed and delivered by their respective duly authorized officers as of the
date hereof.
BORROWER:
PINNACLE GAS RESOURCES, INC.
By:
/s/ Peter G. Schoonmaker
Name: Peter G. Schoonmaker
Title: Chief Executive Officer and President
ADMINISTRATIVE AGENT:
THE ROYAL BANK OF SCOTLAND plc
By:
/s/ Robert L. Roberts
Name: Robert L. Roberts
Title: Managing Director
LENDER:
THE ROYAL BANK OF SCOTLAND plc
By:
/s/ Robert L. Roberts
Name: Robert L. Roberts
Title: Managing Director