Common use of Binding Effect; Continuing Agreement Clause in Contracts

Binding Effect; Continuing Agreement. (a) This Credit Agreement shall become effective at such time when all of the conditions set forth in Section 5.1 have been satisfied or waived by the Lenders and it shall have been executed by the Borrowers, the Agent and the Lenders, and thereafter this Credit Agreement shall be binding upon and inure to the benefit of the Borrowers, the Agent and each Lender and their respective successors and permitted assigns. (b) This Credit Agreement shall be a continuing agreement and shall remain in full force and effect until all Loans, interest, fees and other Borrowers Obligations have been paid in full and all Commitments have been terminated. Upon such termination, the Borrowers shall have no further obligations (other than those provisions that expressly survive the termination thereof) under the Credit Documents; provided that should any payment, in whole or in part, of the Borrowers Obligations be rescinded or otherwise required to be restored or returned by the Agent or any Lender, whether as a result of any proceedings in bankruptcy or reorganization or otherwise, then the Credit Documents shall automatically be reinstated and all amounts required to be restored or returned and all costs and expenses incurred by the Agent or any Lender in connection therewith shall be deemed included as part of the Borrowers Obligations. Signature Page to Duke Energy Field Services 364-Day Credit Agreement Each of the parties hereto has caused a counterpart of this Credit Agreement to be duly executed and delivered as of the date first above written. BORROWERS: DUKE ENERGY FIELD SERVICES, LLC a Delaware limited liability company By: /s/ DAVI▇ ▇. ▇▇▇▇▇▇▇▇▇ ------------------------------------------------- Name: Davi▇ ▇. ▇▇▇▇▇▇▇▇▇ ------------------------------------------------ Title: Senior Vice President/Chief Financial Officer ----------------------------------------------- DUKE ENERGY FIELD SERVICES CORPORATION, a Delaware corporation By: /s/ DAVI▇ ▇. ▇▇▇▇▇▇▇▇▇ ------------------------------------------------- Name: Davi▇ ▇. ▇▇▇▇▇▇▇▇▇ ------------------------------------------------ Title: Senior Vice President/Chief Financial Officer ----------------------------------------------- Signature Page to Duke Energy Field Services 364-Day Credit Agreement LENDERS: BANK OF AMERICA, N.A., individually in its capacity as a Lender and in its capacity as Agent By: /s/ GRET▇▇▇▇ ▇. ▇▇▇▇▇ ---------------------------------------------------- Name: Gret▇▇▇▇ ▇. ▇▇▇▇▇ -------------------------------------------------- Title: Principal ------------------------------------------------- Signature Page to Duke Energy Field Services 364-Day Credit Agreement LEHM▇▇ ▇▇▇MERCIAL PAPER INC. By: /s/ MICH▇▇▇ ▇▇▇▇▇▇▇ ---------------------------------------------------- Name: Mich▇▇▇ ▇▇▇▇▇▇▇ -------------------------------------------------- Title: Authorized Signatory ------------------------------------------------- Signature Page to Duke Energy Field Services 364-Day Credit Agreement MERR▇▇▇ ▇▇▇C▇ ▇▇▇ITAL CORPORATION

Binding Effect; Continuing Agreement. (a) This Credit Agreement shall become effective at such time when all of the conditions set forth in Section 5.1 have been satisfied or waived by the Lenders and it shall have been executed by the BorrowersBorrower, the Administrative Agent and the Lenders, and thereafter this Credit Agreement shall be binding upon and inure to the benefit of the BorrowersBorrower, the Administrative Agent and each Lender and their respective successors and permitted assigns. (b) This Credit Agreement shall be a continuing agreement and shall remain in full force and effect until all Loans, interest, fees and other Borrowers Borrower Obligations have been paid in full and all Commitments have been terminated. Upon such termination, the Borrowers Borrower shall have no further obligations (other than those the indemnification provisions that expressly survive the termination thereofsurvive) under the Credit Documents; provided that should any payment, in whole or in part, of the Borrowers Borrower Obligations be rescinded or otherwise required to be restored or returned by the Administrative Agent or any Lender, whether as a result of any proceedings in bankruptcy or reorganization or otherwise, then the Credit Documents shall automatically be reinstated and all amounts required to be restored or returned and all costs and expenses incurred by the Administrative Agent or any Lender in connection therewith shall be deemed included as part of the Borrowers Borrower Obligations. Signature Page to Duke Energy Field Services 364-Day Credit Agreement Each of the parties hereto has caused a counterpart of this Credit Agreement to be duly executed and delivered as of the date first above written. BORROWERSBORROWER: DUKE ATMOS ENERGY FIELD SERVICES, LLC a Delaware limited liability company By: /s/ DAVI▇ ▇. ▇▇▇▇▇▇▇▇▇ ------------------------------------------------- Name: Davi▇ ▇. ▇▇▇▇▇▇▇▇▇ ------------------------------------------------ Title: Senior Vice President/Chief Financial Officer ----------------------------------------------- DUKE ENERGY FIELD SERVICES CORPORATION, a Delaware A Texas and Virginia corporation By: /s/ DAVI▇ ▇. ▇▇▇▇▇▇▇▇▇ ------------------------------------------------- ___________________________________ Name: Davi▇ ▇. ▇▇▇▇▇▇▇▇▇ ------------------------------------------------ :___________________________________ Title: Senior Vice President/Chief Financial Officer ----------------------------------------------- Signature Page to Duke Energy Field Services 364-Day Credit Agreement :__________________________________ LENDERS: BANK OF AMERICA, N.A., N.A. individually in its capacity as a Lender and in its capacity as Administrative Agent By: /s/ GRET▇▇▇▇ ▇. ▇▇▇▇▇ ---------------------------------------------------- :___________________________________ Name: Gret▇▇▇▇ ▇. ▇▇▇▇▇ -------------------------------------------------- :_________________________________ Title: Principal ------------------------------------------------- Signature Page to Duke Energy Field Services 364-Day Credit Agreement LEHM▇▇ ▇▇▇MERCIAL PAPER INC. :________________________________ FLEET NATIONAL BANK By: /s/ MICH▇▇▇ ▇▇▇▇▇▇▇ ---------------------------------------------------- :___________________________________ Name: Mich▇▇▇ ▇▇▇▇▇▇▇ -------------------------------------------------- :_________________________________ Title: Authorized Signatory ------------------------------------------------- Signature Page to Duke Energy Field Services 364-Day Credit Agreement MERR▇▇▇ ▇▇▇C▇ ▇▇▇ITAL CORPORATION:________________________________ THE FUJI BANK, LIMITED By:___________________________________ Name:_________________________________ Title:________________________________ KBC BANK N.V. By:___________________________________ Name:_________________________________ Title:________________________________ FIRST UNION NATIONAL BANK By:___________________________________ Name:_________________________________ Title:________________________________ BANK ONE, NA By:___________________________________ Name:_________________________________ Title:________________________________ SOCIETE GENERALE NEW YORK BRANCH By:___________________________________ Name:_________________________________ Title:________________________________