JPMorgan - KASE

2, 2003, among HKM, as borrower, the Company, Hurricane Hydrocarbons Ltd. and Hurricane
Marketing Limited, as guarantors, BNP Paribas, ING Bank N.V. and Natexis Banques Populaires, as
joint mandated arrangers, Natexis Banques Populaires, as facility agent and security agent and
BNP Paribas, as hedge counterparty, and the other parties thereto from time to time), as any such
facility may from time to time be amended, renewed, supplemented, modified, refinanced,
refunded or replaced, including increases in the principal amount thereof.
“Trust Indenture Act” means the U.S. Trust Indenture Act of 1939 as in effect on the date of the
Indenture.
“Unrestricted Subsidiary” means (i) any Subsidiary (other than the Issuer, HKM, Valsera or HOP)
that is designated by the Board of Directors as an Unrestricted Subsidiary pursuant to a resolution
of the Board of Directors of the Company; but only to the extent that such Subsidiary: (a) has no
Indebtedness other than Non-Recourse Debt; (b) is not party to any agreement, contract,
arrangement or understanding with the Company or any Restricted Subsidiary of the Company
unless the terms of any such agreement, contract, arrangement or understanding are no less
favorable to the Company or such Restricted Subsidiary than those that might be obtained at the
time from Persons who are not Affiliates of the Company; (c) is a Person with respect to which
neither the Company nor any of its Restricted Subsidiaries has any direct or indirect obligation (1)
to subscribe for additional Equity Interests or (2) to maintain or preserve such Person’s financial
condition or to cause such Person to achieve or maintain any specified levels of profitability (it
being understood that agreements entered into in the ordinary course of the Oil and Gas
Business relating to transportation or throughput commitments will not constitute such an
obligation); and (d) has not guaranteed or otherwise directly or indirectly provided credit support
for any Indebtedness of the Company or any of its Restricted Subsidiaries. Any such designation
by the Board of Directors of the Company shall be evidenced to the Trustee by filing with the
Trustee a resolution of the Board of Directors of the Company giving effect to such designation
and an Officers’ Certificate certifying that such designation complied with the foregoing
conditions and was permitted by the covenant described under the caption “ — Restricted
Payments”. If, at any time, any Unrestricted Subsidiary would fail to meet the foregoing
requirements as an Unrestricted Subsidiary, it shall thereafter cease to be an Unrestricted
Subsidiary for purposes of the Indenture and any Indebtedness of such Subsidiary shall be
deemed to be incurred by a Restricted Subsidiary of the Company as of such date. The Board of
Directors of the Company may at any time designate any Unrestricted Subsidiary to be a
Restricted Subsidiary, provided that such designation shall be deemed to be an incurrence of
Indebtedness by a Restricted Subsidiary of the Company of any outstanding Indebtedness of such
Unrestricted Subsidiary and such designation shall only be permitted if (i) such Indebtedness is
permitted under the covenant described under the caption “ — Incurrence of Indebtedness and
Issuance of Preferred Stock” and (ii) no Default or Event of Default would be in existence
following such designation. As of the Issue Date, Hurricane Investments shall be an Unrestricted
Subsidiary.
“Valsera” means Valsera Holdings B.V., an intermediate holding company organized under the
laws of the Netherlands.
“Voting Stock” of any Person as of any date means the Capital Stock of such Person that is at the
time entitled to vote in the election of the Board of Directors of such Person.
“Weighted Average Life to Maturity” means, when applied to any Indebtedness at any date, the
number of years obtained by dividing (i) the sum of the products obtained by multiplying (a) the
amount of each then remaining installment, sinking fund, serial maturity or other required
payments of principal, including payment at final maturity, in respect thereof, by (b) the number
of years (calculated to the nearest one-twelfth) that will elapse between such date and the
making of such payment, by (ii) the then outstanding principal amount of such Indebtedness.
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