13D Filing: Fairfax Financial Holdings and Exco Resources Inc (XCO)

Page 43 of 113

Page 43 of 137 – SEC Filing

 

Item 7.                                                         Material to be Filed as Exhibits.

 

The following is filed herewith as an exhibit:

 

Ex. 1:                     Members of filing group

 

Ex. 2:                     Joint filing agreement dated as of June 9, 2017 among V. Prem Watsa, 1109519 Ontario Limited, The Sixty Two Investment Company Limited, 810679 Ontario Limited, Fairfax Financial Holdings Limited, FFHL Group Ltd., RiverStone Holdings Limited, RiverStone Insurance Limited, Fairfax (US) Inc., Zenith National Insurance Corp., Zenith Insurance Company (U.S. entity), TIG Insurance Company, Odyssey US Holdings Inc., Odyssey Re Holdings Corp., Odyssey Reinsurance Company, Clearwater Select Insurance Company, Newline Holdings UK Limited, Newline Corporate Name Limited, Crum & Forster Holdings Corp., United States Fire Insurance Company, Advent Capital (Holdings) LTD., Advent Capital (No. 3) Ltd, Northbridge Financial Corporation, Federated Insurance Company of Canada, Northbridge General Insurance Corporation, Northbridge Personal Insurance Corporation, Zenith Insurance Company (Canadian entity), Brit Limited, Brit Insurance Holdings Limited, Brit Syndicates Limited, Brit Insurance (Gibraltar) PCC Limited, Fairfax (Barbados) International Corp., TIG Insurance (Barbados) Limited and Wentworth Insurance Company Ltd.

 

Ex. 3:                     Power of attorney

 

Ex. 4:                     Purchase Agreement, dated as of March 15, 2017, by and among EXCO Resources, Inc., certain of its subsidiaries, and the purchaser signatories thereto (incorporated by reference to Exhibit 10.1 of the Form 8-K)

 

Ex. 5:                     Form of Backstop Commitment Fee Election Letter (incorporated by reference to Exhibit 10.2 of the Form 8-K)

 

Ex. 6:                     Purchase Agreement, dated as of March 15, 2017, by and among EXCO Resources, Inc., Hamblin Watsa Investment Counsel Ltd., as administrative agent under the Fairfax Second Lien Credit Agreement, Wilmington Trust, National Association, as administrative agent under the Exchange Second Lien Credit Agreement, and each of the other undersigned parties thereto (incorporated by reference to Exhibit 10.3 of the Form 8-K)

 

Ex. 7:                     1.75 Lien Term Loan Credit Agreement, dated as of March 15, 2017, by and among EXCO Resources, Inc., as borrower, certain subsidiaries of borrower, as guarantors, the lender parties thereto, and Wilmington Trust, National Association, as administrative agent and collateral trustee (incorporated by reference to Exhibit 10.4 of the Form 8-K)

 

Ex. 8:                     First Amendment to Term Loan Credit Agreement, dated as of March 15, 2017, by and among EXCO Resources, Inc., as borrower, certain subsidiaries of borrower, as guarantors, the lender party thereto, and Wilmington Trust, National Association, as administrative agent and collateral trustee (incorporated by reference to Exhibit 10.5 of the Form 8-K)

 

Ex. 9:                     Form of Financing Warrant (incorporated by reference to Exhibit 10.6 of the Form 8-K)

 

Ex. 10:                   Form of Commitment Fee Warrant (incorporated by reference to Exhibit 10.7 of the Form 8-K)

 

Ex. 11:                   Form of Amendment Fee Warrant (incorporated by reference to Exhibit 10.8 of the Form 8-K)

 

Ex. 12:                   Registration Rights Agreement, dated as of March 15, 2017, by and among EXCO Resources, Inc. and the investors specified on the signature pages thereto (incorporated by reference to Exhibit 10.12 of the Form 8-K)

 

43


Follow Exco Resources Inc (NYSE:XCOOQ)

Page 43 of 113