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XCO » Topics » 1.9 Swap Agreements. Section 7.05 of the Credit Agreement shall be and it hereby is amended by inserting the following at the end of such Section:

This excerpt taken from the XCO 8-K filed Oct 4, 2006.

1.9          Swap Agreements.  Section 7.05 of the Credit Agreement shall be and it hereby is amended by inserting the following at the end of such Section:

Notwithstanding the foregoing, on the MLP Contribution Date, the Swap Agreements and related transactions described on Annex A to the First Amendment may be transferred and assigned to any one or more of the MLP Subsidiaries, whether by transfer of the Transferred Subsidiaries or otherwise; provided that the Borrower and any Restricted Subsidiary which is a party to any such Swap Agreements as of the MLP Contribution Date (other than the Transferred Subsidiaries) is released from all liability with respect to such Swap Agreements effective as of the MLP Contribution Date on terms and conditions acceptable to the Administrative Agent.

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