JPMorgan - KASE

Value, as appropriate, of such property, and incurred within 180 days after the date of such
acquisition (excluding accounts payable to trade creditors incurred in the ordinary course of
business).
“Replacement Assets” means any long-term assets, including property, plant or equipment of a
nature or type that in each case is used or usable in the Oil and Gas Business and any other line
of business in which the Company or any of its Restricted Subsidiaries is engaged on the Issue
Date.
“Responsible Officer”, when used with respect to the Trustee, means any officer of the Trustee
with responsibility for the administration of the Indenture and also means, with respect to a
particular corporate trust matter, any other officer to whom such matter is referred because of
his knowledge of and familiarity with the particular subject.
“Restricted Investment” means an Investment other than a Permitted Investment.
“Restricted Subsidiary” of a Person means any Subsidiary of the referenced Person that is not an
Unrestricted Subsidiary.
“Secured Acquisition Amount” means, in respect of an Acquisition, the portion of the price paid
by the Company or one of its Restricted Subsidiaries in relation to such Acquisition which has
been funded by Indebtedness incurred by the Company or such Restricted Subsidiary that is
secured by a Lien.
“Secured Limit” means (1) $350.0 million or (2) if an Acquisition has been made after the date of
the Indenture, an amount equal to the lesser of (a) the aggregate of $350.0 million and the sum
of the Secured Acquisition Amount attributable to such Acquisition and any previous Acquisitions
and (b) $450.0 million (or, in any such case, its equivalent in any other currency).
“Securities Act” means the U.S. Securities Act of 1933.
“Senior Debt” means any Indebtedness incurred by the Issuer or a Guarantor, unless the
instrument under which such Indebtedness is incurred expressly provides that it is subordinated in
right of payment to the Notes or such Guarantor’s Guarantee, as applicable, provided that Senior
Debt will not include (a) any liability for federal, state, provincial, local or other taxes owed or
owing, (b) any Indebtedness owing to any Subsidiaries of the Company, (c) any trade payables or
(d) any Indebtedness that is incurred in violation of the Indenture.
“Significant Subsidiary” means any Subsidiary that would be a “significant subsidiary” as defined
in Article 1, Rule 1-02 of Regulation S-X, promulgated pursuant to the Securities Act and the
Exchange Act, as such Regulation is in effect on the date of the Indenture.
“Subsidiary” means, with respect to any Person, (i) any corporation, association or other business
entity of which more than 50% of the total voting power of shares of Capital Stock entitled
(without regard to the occurrence of any contingency) to vote in the election of directors,
managers or trustees thereof is at the time owned or controlled, directly or indirectly, by such
Person or one or more of the other Subsidiaries of that Person (or a combination thereof) and (ii)
any partnership (a) the sole general partner or the managing general partner of which is such
Person or a Subsidiary of such Person or (b) the only general partners of which are such Person or
one or more Subsidiaries of such Person (or any combination thereof).
“Term Facility” means any facility provided under any senior credit agreement by and among the
Company and/or one or more of its Restricted Subsidiaries and one or more nationally or
internationally recognized financial institutions (as designated by the Board of Directors of the
Company in its sole judgment, and conclusively evidenced by a Board Resolution) (including,
without limitation, the facility evidenced by U.S.$225,000,000 Facility Agreement, dated January
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