First Amendment to Purchase and Sale Agreement between EXCO Operating Company, LP, EXCO Production Company, LP, and BG US Production Company, LLC (July 13, 2009)
This amendment extends the deadline for EXCO Operating Company, LP and EXCO Production Company, LP (the sellers) and BG US Production Company, LLC (the buyer) to file required antitrust notification forms under the HSR Act from July 13, 2009, to July 14, 2009. All other terms of the original Purchase and Sale Agreement remain unchanged. The amendment is effective upon signature by all parties.
Exhibit 2.6
July 13, 2009
EXCO Operating Company, LP
EXCO Production Company, LP
12377 Merit Drive, Suite 1700
Dallas, Texas 75251
Attention: Rick Hodges, Vice President of Land
| RE: | Amendment to Purchase and Sale Agreement by and between EXCO Operating |
| Company, LP and EXCO Production Company, LP, as Seller, and BG US Production |
| Company, LLC, as Buyer, dated June 29, 2009 (the “Purchase Agreement”). |
Dear Sirs:
In Section 6.4 of the Purchase Agreement, Seller and Buyer agreed within 10 Business Days following the execution of the Purchase Agreement to prepare and simultaneously file with the DOJ and the FTC the notification and report form required for the transactions contemplated by the Purchase Agreement under the HSR Act. That 10 Business Day period may expire on Monday, July 13, 2009.
In order to ensure that all work necessary to make the filings under the HSR Act is completed, Seller and Buyer agree to extend the deadline for filing under Section 6.10 of the Purchase Agreement until the end of Tuesday, July 14, 2009. Except as modified by this letter, the Purchase Agreement remains in full force and effect.
Capitalized terms used in this letter but not otherwise defined in this letter shall have the meaning given to such terms in the Purchase Agreement. The terms of Sections 15.15 and 15.16 of the Purchase Agreement are incorporated by reference as if set out in full herein.
If this letter correctly sets forth our understanding, please execute and return one copy to the undersigned at the address provided in the Purchase Agreement.
Very truly yours,
BG US PRODUCTION COMPANY
| By: | /s/ Betsy Spomer | |
| Betsy Spomer | ||
| Vice President | ||
Agreed and accepted this 13th day of July, 2009
EXCO OPERATING COMPANY, LP
| By: | EXCO Partners OLP GP, LLC, its general partner | |
| By: | /s/ William L. Boeing | |
| Vice President and General Counsel | ||
EXCO PRODUCTION COMPANY, LP
| By: | Vaughan DE, LLC, its general partner | |
| By: | /s/ William L. Boeing | |
| Vice President and General Counsel | ||
2
cc:
EXCO Operating Company, LP
EXCO Production Company, LP
12377 Merit Drive, Suite 1700
Dallas, Texas 75251
Attention: William L. Boeing, Vice President, General Counsel and Secretary
Vinson & Elkins L.L.P.
2500 First City Tower
1001 Fannin Street
Houston, Texas 77002-6760
Attention: Robin S. Fredrickson
BG North America, LLC
5444 Westheimer, Suite 1775
Houston, Texas 77056
Attention: Chris Migura
Morgan, Lewis & Bockius LLP
1000 Louisiana, Suite 4200
Houston, Texas 77002
Attention: David F. Asmus
3
