17 NOVEMBER 2006
FX ENERGY POLAND SP. ZO.O
FX ENERGY, INC.
FX ENERGY NETHERLANDS PARTNERSHIP CV.
FX ENERGY NETHERLANDS BV.
THE ROYAL BANK OF SCOTLAND PLC
SENIOR FACILITY AGREEMENT
THIS AGREEMENT is dated 17 November 2006 and made between:
IT IS AGREED as follows:
In this Agreement:
“Abandonment Date” means, in relation to each Borrowing Base Asset and each Projection, the date shown in
such Projection on which it is reasonably anticipated that such Borrowing Base Asset and/or the relevant
facilities relating thereto will be abandoned.
“Abandonment Liabilities” means the obligations and liabilities of the Group or any member(s) of the Group
relating to the abandonment of any Borrowing Base Asset (including any such obligations and liabilities arising
under any Joint Operating Agreement relating to such Borrowing Base Asset).
“Accession Letter” means a document substantially in the form set out in Schedule 14 (Form of Accession
“Accounts” means the Onshore Proceeds Accounts, the Liquidation and Royalty Accounts and the Insurances
“Additional Cost Rate” has the meaning given in Schedule 5 (Mandatory Cost formulae).
“Additional Guarantor” means any person that, with the written agreement of the Lender and the Borrower,
becomes a Guarantor of the Borrower’s obligations under this Agreement in accordance with Clause 23.6.
“Affiliate” means, in relation to any person, a Subsidiary of that person or a Holding Company of that person or
any other Subsidiary of that Holding Company.
“Aggregate Commitments” means, in relation to any Specified Period or any day falling in that Specified Period,
the sum of the Lender’s Commitments for that Specified Period (which, as at the date of this Agreement and
subject to any cancellation, reduction or transfer of any Lender’s Commitment in accordance with this
Agreement, is the amount (in dollars) set opposite that Specified Period in the last column (headed “The