AMENDMENT FOR INCREASED COMMITMENT
Exhibit
10(c)
AMENDMENT FOR INCREASED COMMITMENT
THIS AMENDMENT FOR INCREASED COMMITMENT (this “Amendment”) is made as of the 22nd day
of December, 2006, by and among Denbury Onshore, LLC, a Delaware limited liability company
(“Borrower”), JPMorgan Chase Bank, N.A., as Administrative Agent under the Credit Agreement
(as defined below) (“Administrative Agent”), and the Banks party hereto (“Supplemental
Banks”).
Borrower, Administrative Agent and certain other Banks and Agents, as described and defined in
the Credit Agreement, are parties to that certain Fifth Amended and Restated Credit Agreement dated
as of September 14, 2006 (as amended, supplemented, or restated, the “Credit Agreement”).
All terms used herein and not otherwise defined shall have the same meaning given to them in the
Credit Agreement.
Pursuant to Section 15.10(f) of the Credit Agreement, Borrower has the right to increase the
Total Commitment by obtaining additional or increased Commitments upon satisfaction of certain
conditions. This Amendment requires only the signature of Borrower, Administrative Agent and
Supplemental Banks so long as the Total Commitment is not increased above the amount permitted by
the Credit Agreement.
Each Supplemental Bank is an existing Bank which is increasing its Commitment.
In consideration of the foregoing, each such Supplemental Bank, from and after the date
hereof, shall have a Commitment in the amount set forth on Schedule 1 attached hereto.
IN WITNESS WHEREOF, Administrative Agent, Borrower and Supplemental Banks have executed this
Amendment as of the date shown above.
(Remainder of Page Intentionally Left Blank)
| BORROWER | ||||||
| DENBURY ONSHORE, LLC, a Delaware limited liability company |
||||||
| By: | /s/ ▇▇▇▇ ▇▇▇▇▇▇▇ | |||||
| ▇▇▇▇ ▇▇▇▇▇▇▇, Senior Vice President and Chief Financial Officer |
||||||
[Signature Page to Amendment For Increased Commitment]
| ADMINISTRATIVE AGENT: | ||||||
| JPMORGAN CHASE BANK, N.A., as Administrative Agent |
||||||
| By: | /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ | |||||
| Name: | ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ | |||||
| Title: | Senior Vice President | |||||
| SUPPLEMENTAL BANKS: | ||||||
| JPMORGAN CHASE BANK, N.A. | ||||||
| By: | /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ | |||||
| Name: | ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ | |||||
| Title: | Senior Vice President | |||||
[Signature Page to Amendment For Increased Commitment]
| SUPPLEMENTAL BANKS: | ||||||
| FORTIS CAPITAL CORP. | ||||||
| By: | /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ | |||||
| Name: | ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ | |||||
| Title: | Senior Vice President | |||||
| By: | /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ | |||||
| Name: | ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ | |||||
| Title: | Managing Director | |||||
[Signature Page to Amendment For Increased Commitment]
| SUPPLEMENTAL BANKS: | ||||||
| CALYON NEW YORK BRANCH | ||||||
| By: | /s/ Page Dillehunt | |||||
| Name: | Page Dillehunt | |||||
| Title: | Managing Director | |||||
| By: | /s/ ▇▇▇▇ ▇▇▇▇▇▇ | |||||
| Name: | ▇▇▇▇ ▇▇▇▇▇▇ | |||||
| Title: | Director | |||||
[Signature Page to Amendment For Increased Commitment]
| SUPPLEMENTAL BANKS: | ||||||
| COMERICA BANK | ||||||
| By: | /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ | |||||
| Name: | ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ | |||||
| Title: | Vice President | |||||
[Signature Page to Amendment For Increased Commitment]
| SUPPLEMENTAL BANKS: | ||||||
| UNION BANK OF CALIFORNIA, N.A. | ||||||
| By: | /s/ ▇▇▇▇ Murchpy | |||||
| Name: | ▇▇▇▇ ▇▇▇▇▇▇ | |||||
| Title: | Vice President | |||||
| By: | /s/ ▇▇▇▇▇▇ ▇▇▇▇▇ | |||||
| Name: | ▇▇▇▇▇▇ ▇▇▇▇▇ | |||||
| Title: | Investment Banking Officer | |||||
[Signature Page to Amendment For Increased Commitment]
| SUPPLEMENTAL BANKS: | ||||||
| ▇▇▇▇▇ FARGO BANK, N.A. | ||||||
| By: | /s/ ▇▇▇▇▇ ▇▇▇▇▇ | |||||
| Name: | ▇▇▇▇▇ ▇▇▇▇▇ | |||||
| Title: | Portfolio Manager | |||||
[Signature Page to Amendment For Increased Commitment]
| SUPPLEMENTAL BANKS: | ||||||
| BANK OF AMERICA, N.A. | ||||||
| By: | /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ | |||||
| Name: | ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ | |||||
| Title: | Managing Director | |||||
[Signature Page to Amendment For Increased Commitment]
| SUPPLEMENTAL BANKS: | ||||||
| BANK OF SCOTLAND | ||||||
| By: | /s/ ▇▇▇▇▇ ▇▇▇▇▇ | |||||
| Name: | ▇▇▇▇▇ ▇▇▇▇▇ | |||||
| Title: | Vice President | |||||
[Signature Page to Amendment For Increased Commitment]
| SUPPLEMENTAL BANKS: | ||||||
| COMPASS BANK | ||||||
| By: | /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ | |||||
| Name: | ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ | |||||
| Title: | Senior Vice President | |||||
[Signature Page to Amendment For Increased Commitment]
SCHEDULE 1
Commitments
| Total | ||||||||
| Banks | Commitment Amount | Commitment Percentage | ||||||
JPMorgan Chase Bank, N.A. |
$ | 30,000,000.00 | 12.00 | % | ||||
Calyon New York Branch |
$ | 30,000,000.00 | 12.00 | % | ||||
Fortis Capital Corp. |
$ | 30,000,000.00 | 12.00 | % | ||||
Union Bank of California, N.A. |
$ | 30,000,000.00 | 12.00 | % | ||||
Comerica Bank |
$ | 30,000,000.00 | 12.00 | % | ||||
Bank of America, N.A. |
$ | 25,000,000.00 | 10.00 | % | ||||
▇▇▇▇▇ Fargo Bank, N.A. |
$ | 25,000,000.00 | 10.00 | % | ||||
Bank of Scotland |
$ | 25,000,000.00 | 10.00 | % | ||||
Compass Bank |
$ | 25,000,000.00 | 10.00 | % | ||||
Totals: |
$ | 250,000,000.00 | 100.00 | % | ||||
Schedule 1 – 1