AMENDMENT No. 1
DATED AS OF: MAY 20,
2009
TO MASTER LEASE
AGREEMENT
DATED: AS OF FEBRUARY 26,
2009
THIS
AMENDMENT NO. 1 (this
“ Amendment ”), dated as of May 20, 2009
(“ Effective Date ”), is to that certain
Master Lease Agreement, dates as of February 26, 2009 (the “
Master Lease ”) and is by and between CDM
RESOURCE MANAGEMENT LLC, a Delaware limited liability company
(“ Lessee ”), and CATERPILLAR FINANCIAL
SERVICES CORPORATION, a Delaware Corporation (“
Lessor ”). Capitalized terms used herein and in
the following recitals without definition shall have the meanings
ascribed hereto in the Lease unless the context hereof shall
otherwise require.
W I T N E S S E T
H:
WHEREAS, Lessee and Lessor desire to amend the Master
Lease to provide for monthly rental and the deposit with Lessor at
the time of execution of each Schedule of one month’s
rent.
NOW, THEREFORE, in consideration of the foregoing and other good
and valuable consideration, the receipt of which is hereby
acknowledged, Lessee and Lessor each hereby agree as
follows:
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The first
sentence of the Master Lease is amended to read as
follows:
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The MASTER
LEASE AGREEMENT (this “ Master Lease ”),
dated as of February 26, 2009, is between Caterpillar Financial
Services Corporation (“ Lessor ”), a
Delaware corporation whose address is 2120 West End Avenue,
Nashville, Tennessee 37203, and CDM Resource Management, LLC
(“ Lessee ”), a Delaware limited
liability company with a principal address of 20405 Tomball Pkwy,
Suite 310, Houston, TX 77070.
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The second
sentence of Section 4.1 of the Master Lease is amended to read as
follows:
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“The
“ Base Term ” shall commence on the Base
Term commencement Date and, unless terminated or extended as
provided herein, shall end on the same day of the month as the Rent
commencement Date at the end of One Hundred Twenty (120) months
after the Rent Commencement Date. Any Renewal Term will
be as set forth in Section 5.3 hereof.”
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The first
sentence of Section 4.2 of the Master Lease is amended to read as
follows:
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“Lessee
hereby covenants, agrees, and promises to pay to Lessor monthly
Rent, in arrears, plus applicable Taxes as increased from time to
time in the amounts and pursuant to the terms and conditions of the
applicable Schedule. During the period from the Base
Term Commencement Date to but excluding the Rent Commencement Date,
Lessee shall pay daily Rent as specified in the applicable
Schedule. All such daily rent pa
