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e or purchase price adjustment receivable or otherwise,but only as and when received) of such sale or other disposition received by the Borrower or any of its Subsidiaries,net of all attorneys’fees,accountants’fees,investment banking fees and other customary fees actually incurred by the Borrower or any of its Subsidiaries and documented in connection therewith and net of taxes paid or reasonably expected to be payable by the Borrower or any of its Subsidiaries as a result thereof.“NonExcluded Taxes”:as defined in subsection .“Notes”:the Revolving Credit Notes.“Optional Reserve Report”:as defined in subsection (b) (ii).“Participant”:as defined in subsection (b).“Partnership”:a limited partnership. “PBGC”:the Pension Benefit Guaranty Corporation established pursuant to Subtitle A of Title IV Of ERISA. “Person”:an individual,partnership, corporation,business trust,joint stock pany,trust,unincorporated association,joint venture,Governmental Authority or other entity of whatever nature. “Petroleum”:oil,gas and other liquid or gaseous hydrocarbons,including,without limitation,all liquefiable hydrocarbons and other products which may be extracted from gas and gas condensate by the processing thereof in a gas processing plant. “Petroleum Price Hedge Agreement”:any hedge arrangement,modity swap agreement,modity futures,forwards,options,and other similar agreements relating to Petroleum. “Plan”:at a particular time,any employee benefit plan which is covered by ERISA and in respect of which the Borrower or a Commonly Controlled Entity is(or,if such plan were terminated at such time,would under Section 4069 of ERISA be deemed to be)an“employer”as defined in Section 3(5)Of ERISA.“Properties”:as defined in subsection (a).“Register”:as defined in sub.section (d). “Regulation U”:Regulation U of the Board of Governors of the Federal Reserve System as in effect from time to time. “Reorganization”:with respect to any Multiemployer Plan,the condition that such plan is in reorganization within the meaning of Section 4241 of ERISA. “Reportable Event”:any of the events set forth in Section 4043(b)of ERISA,other than those events as to which the thirty day notice period is waived under subsections 13,14,16,18,19 or 20 of PBGC Reg.2615. “Required Lenders”:at any time,Lenders the Commitment Percentages of which aggregate at least 662/3%. “Requirement of Law”:as to any Person,the Certificate of Incorporation and ByLaws or other organizational or governing documents of such Person,and any law,treaty,rule or regulation or determination of an arbitrator or a court or other Governmental Authority,in each case applicable to or binding upon such Person or any of its property or to which such Person or any of its property is subject.“Reserve Report”:as defined in subsection (b). “Responsible 0fficer”:the Chairman of the Board of Directors.President or Executive VicePresident of the Borrower or,with respect to financial matters, the Chief Financial Officer or the principal accounting or financial officer of the Borrower.“Retex”:Retex Gathering Company,Inc.,a Wyoming corporation.“Revolving Credit Loans”:as defined in subsection .“Revolving Credit Note”:as defined in subsection (e). “Single Employer Plan”:any Plan which is covered by Title IV of ERISA.but which is not a Multiemployer Plan. “Subsidiary”:as to any Person,3 corporation,partnership or other entity of which shares of stock or other ownership interest shaving ordinary voting power(other than stock or such other ownership interests having such power only by reason of the happening of a contingency)to elect a majority of the board of directors or other managers of such corporation,partnership or other entity are at the time owned,or the management of which is otherwise controlled,directly or indirectly through one or more intermediaries,or both,by such Person. Unless otherwise qualified,all references to a “Subsidiary” or to “Subsidiaries” in this Agreement shall refer to a Subsidiary or Subsidiaries of the Borrower. “Subsidiary Guarantor”:each of Production Company, Exploration Inc.a(chǎn)nd Inc. “Subsidiaries Guarantee”:the Subsidiaries Guarantee,to be entered into by each Subsidiary Guarantor,substantially in the form of Exhibit B attached hereto as the same may be amended,supplemented or otherwise modified from time to time.“Termination Date”:the third anniversary of the Effective Date.“Transferee”:as defined in subsection 9.6(f).“Type”:as to any Revolving Credit Loan,its nature as an ABR Loan or a Eurodollar Loan. “Utilization Percentage”:on any day,the aggregate outstanding principal amount of the Revolving Credit Loans outstanding on such date divided by the Borrowing Base on such date. “Wildhorse”:Wildhorse Energy Partners,LLC,a limited liability pany. “Wildhorse Limited Liability Company Agreement”:the Limited Liability Company Agreement between KNE and the Borrower for the formation of Wildhorse,dated , and delivered by the Borrower to the Lenders. “Wind River Joint Venture”:the joint venture between Retexand K N Gas Gathering,Inc.,pursuant to the Wind River Joint Venture Agreement: “Wind River Joint Venture Agreement”:the Amended and Restated Joint Venture Agreement,dated , ,between Retexand K N Gas Gathering,Inc.,a corporation.1.2 Other Definitional Provisions. (a)Unless otherwise specified therein,all terms defined in this Agreement shall have the defined meanings when used in any Notes or any certificate or other document made or delivered pursuant hereto. (b)As used herein and in any Notes,and any certificate or other document made or delivered pursuant hereto,accounting terms relating to the Borrower and its Subsidiaries not defined in subsection and accounting terms partly defined in