Back to top

WAIVER UNDER CREDIT AGREEMENT

Waiver Agreement

WAIVER UNDER CREDIT AGREEMENT | Document Parties: GASTAR EXPLORATION USA, INC | Wayzata Investment Partners LLC | WAYZATA OPPORTUNITIES FUND, LLC You are currently viewing:
This Waiver Agreement involves

GASTAR EXPLORATION USA, INC | Wayzata Investment Partners LLC | WAYZATA OPPORTUNITIES FUND, LLC

. RealDealDocs™ contains millions of easily searchable legal documents and clauses from top law firms. Search for free - click here.
Title: WAIVER UNDER CREDIT AGREEMENT
Governing Law: Minnesota     Date: 3/16/2009
Industry: Oil and Gas - Integrated     Sector: Energy

WAIVER UNDER CREDIT AGREEMENT, Parties: gastar exploration usa  inc , wayzata investment partners llc , wayzata opportunities fund  llc
50 of the Top 250 law firms use our Products every day

Exhibit 10.32

 

 

WAIVER UNDER CREDIT AGREEMENT

among

GASTAR EXPLORATION USA, INC.,

GASTAR EXPLORATION LTD.,

THE LENDERS SIGNATORY HERETO

and

WAYZATA INVESTMENT PARTNERS LLC,

as Administrative Agent

Effective

March 13, 2009

 

 


TABLE OF CONTENTS

 

Article I DEFINITIONS AND INTERPRETATION

  

1

1.1

  

Terms Defined Above

  

1

1.2

  

Terms Defined in Credit Agreement

  

1

1.3

  

References

  

1

1.4

  

Articles and Sections

  

2

1.5

  

Number and Gender

  

2

Article II WAIVER

  

2

2.1

  

Waiver

  

2

2.2

  

Limitation on Waiver

  

2

Article III REPRESENTATIONS AND WARRANTIES

  

2

Article IV RATIFICATION AND ACKNOWLEDGMENTS

  

3

Article V MISCELLANEOUS

  

3

5.1

  

Successors and Assigns

  

3

5.2

  

Rights of Third Parties

  

3

5.3

  

Counterparts

  

3

5.4

  

Integration

  

3

5.5

  

Severability

  

3

5.6

  

Governing Law

  

3

 

i


WAIVER UNDER CREDIT AGREEMENT

This WAIVER UNDER CREDIT AGREEMENT (this “ Waiver ”) executed effective as of March 13, 2009 (the “ Effective Date ”) is by and among GASTAR EXPLORATION USA, INC., a Michigan corporation (the “ Borrower ”), GASTAR EXPLORATION LTD., an Alberta, Canada corporation (the “ Parent ”), the lenders party to that certain Credit Agreement dated effective February 16, 2009 by and among the Borrower, the Parent, the lenders party thereto or bound thereby from time to time (the “ Lenders ”), and Wayzata Investment Partners LLC, as administrative agent for the Lenders (in such capacity, the “ Agent ”) (as amended to the Effective Date, the “ Credit Agreement ”).

W I T N E S S E T H :

WHEREAS, the Borrower, the Parent, the Lenders and the Agent are parties to the Credit Agreement; and

WHEREAS, the Borrower and the Parent have requested that the Agent and the Lenders waive any default or right to exercise any remedy as a result of the inability of the Borrower and the Parent to meet the current ratio requirements as required by Section 7.14 of the Credit Agreement;

NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements contained in the Credit Agreement and herein, the parties hereto agree as follows:

ARTICLE I

DEFINITIONS AND INTERPRETATION

1.1 Terms Defined Above . As used in this Waiver Under Credit Agreement, each of the terms “ Agent ,” “ Borrower ,” “ Credit Agreement ,” “ Effective Date ,” Lenders ,” “ Parent ” and “ Waiver ” shall have the meaning assigned to such term hereinabove.

1.2 Terms Defined in Credit Agreement . Each term defined in the Credit Agreement and used herein without definition shall have the meaning assigned to such term in the Credit Agreement, unless herein expressly provided to the contrary.

1.3 References . References in this Waiver to Exhibit, Article or Section numbers shall be to Exhibits, Articles or Sections of this Waiver, unless expressly stated to the contrary. References in this Waiver to “hereby,” “herein,” “hereinafter,” “hereinabove,” “hereinbelow,” “hereof,” “hereunder” and words of similar import shall be to this Waiver in its entirety and not only to the particular Schedule, Exhibit, Article, or Section in which such reference appears. Specific enumeration herein shall not exclude the general and, in such regard, the terms “includes” and “including” used herein shall mean “includes, without limitation,” or “including, without limitation,” as the case may be, where appropriate. Except as otherwise indicated, references in this Waiver to statutes, sections, or regulations are to be construed as including all statutory or regulatory provisions consolidating, amending, replacing, succeeding, or supplementing the statute, section, or regulation referred to. References in this Waiver to “writing” include printing, typing, lithography, facsimile reproduction, and other means of


reproducing words in a tangible visible form. References in this Waiver to amendments and other contractual instruments shall be deemed to include all exhibits and appendices attached thereto and all subsequent amendments and other modifications to such instruments, but only to the extent such amendments and other modifications are not prohibited by the terms of the Credit Agreement or this Waiver. References in this Waiver to Persons include their respective successors an


 
SITE SEARCH

AGREEMENTS / CONTRACTS

Document Title:

Entire Document: (optional)

Governing Law:(optional)


Try our advanced search >>
 

CLAUSES

Search Contract Clauses >>

Browse Contract Clause Library>>

Get Email Updates
Email:
This is only a partial view of this document. We have millions of legal documents and clauses drafted by top law firms. learn more search for free browse for free learn more