SECTION # Classification of Loans and Borrowings. For purposes of this Agreement, Loans may be classified and referred to by Class (e.g., a “Global Tranche Revolving Loan”) or by Type (e.g., a “Global Tranche Term Benchmark Loan”) or by Class and Type (e.g., a “Global Tranche Term Benchmark Revolving Loan”). Borrowings also may be classified and referred to by Class (e.g., a “Global Tranche Revolving Borrowing”) or by Type (e.g., a “Global Tranche Term Benchmark Borrowing”) or by Class and Type (e.g., a “Global Tranche Term Benchmark Revolving Borrowing”).

“Global Agreement” means this Global Agreement for Granting Guarantees with Respect to Derivative Financial Transactions.

“Global Tranche Revolving Loans” means Loans made by the Global Tranche Lenders pursuant to Section 2.01(a). Each Global Tranche Revolving Loan denominated in US Dollars shall be a LIBOR Loan or, at the request of the applicable Borrower as provided herein and solely in the case of a Global Tranche Revolving Loan made to the Company or a US Borrowing Subsidiary, an ABR Loan. Each Global Tranche Revolving Loan denominated in Euros shall be a EURIBOR Loan. Each Global Tranche Revolving Loan denominated in Canadian Dollars shall be a CDOR Loan. Each Global Tranche Revolving Loan denominated in an Alternative Currency other than Euros or Canadian Dollars shall be a LIBOR Loan.

Local Counsel Opinions. The opinion of # Dover Dixon Horne PLLC, counsel to the Guarantors organized in Arkansas, # Lewis Roca Rothgerber Christie LLP, counsel to the Guarantors organized in Arizona and New Mexico, (c)Austin Stewart, Esq., counsel to the Guarantors organized in California, # Carlton Fields Jorden Burt, P.A., counsel to the Guarantors organized in Florida, # Sanders, Ranck & Skilling, P.C., counsel to the Guarantors organized in Georgia, # Frost Brown Todd LLC, counsel to the Guarantors organized in Indiana, Virginia and West Virginia, # Polsinelli PC, counsel to the Guarantors organized in Kansas, # Verrill Dana LLP, counsel to the Guarantors organized in Maine and Rhode Island, # Locke Lord LLP, counsel to the Guarantors organized in Massachusetts, # Jones Walker LLP, counsel to the Guarantors organized in Mississippi and Louisiana, # Husch Blackwell LLP, counsel to the Guarantors organized in Missouri, # Karell Dyre Haney PLLP, counsel to the Guarantors organized in Montana, # Ice Miller LLP, counsel to the Guarantors organized in Ohio, # McAfee & Taft A Professional Corporation, counsel to the Guarantors organized in Oklahoma, # Davis Wright Tremaine LLP, counsel to the Guarantors organized in Oregon, # Meyer, Unkovic & Scott LLP, counsel to the Guarantors organized in Pennsylvania, # Nelson Mullins Riley & Scarborough LLP, counsel to the Guarantors organized in South Carolina, # McGuire, Craddock & Strother, P.C., counsel to the Guarantors organized in Texas, # Holland & Hart LLP, counsel to the Guarantors organized in Utah, and # Lindquist & Vennum LLP, counsel to the Guarantors organized in Wisconsin, in each case, dated the Closing Date, addressed to the Initial Purchasers and in form and substance reasonably acceptable to the Initial Purchasers.

Representations and Warranties of the Subsidiary Guarantors. The representations and warranties of the Subsidiary Guarantors in the Subsidiary Guaranty shall be correct when made and at the time of the Closing.

Vessels; Co-Borrowers; Subsidiary Guarantors; Immaterial Subsidiaries. [Schedules 1.01(a)], 1.01(c), 1.01(g) and 3.07(d) attached to the Credit Agreement are hereby deleted in their entirety and replaced with [Schedules 1.01(a)], 1.01(c), 1.01(g) and 3.07(d), respectively, appended to this Second Amendment as Exhibit B.

Covenants of the Company and the Guarantors. Each of the Company and the Guarantors, jointly and severally, covenants and agrees with the Initial Purchasers as follows:

any untrue statement or alleged untrue statement of a material fact contained in the Preliminary Offering Memorandum, the Time of Sale Document, any Company Additional Written Communication or the Final Offering Memorandum, or any amendment or supplement thereto;

6.12Additional Guarantors; Release of Guarantors.

“Guarantors” means the Company and the Subsidiary Guarantors.