First Amendment to Purchase and Sale Agreement, dated as of September 10, 2019, by and between EV Properties, L.P. and BCE-Mach II LLC
FIRST AMENDMENT TO
PURCHASE AND SALE AGREEMENT
This First Amendment to Purchase and Sale Agreement (this “Amendment”) is made as of September 10, 2019, by and between EV Properties, L.P., a Delaware limited partnership (“Seller”) and BCE-Mach II LLC, a Delaware limited liability company (“Buyer”). Seller and Buyer are sometimes hereinafter referred to individually as a “Party” and collectively as the “Parties.” Capitalized terms used but not defined in this Amendment shall have the meanings given to such terms in the Purchase Agreement (as hereinafter defined).
WHEREAS, Seller and Buyer are parties to that certain Purchase and Sale Agreement dated July 12, 2019 (as amended by this Amendment, the “Purchase Agreement”); and
WHEREAS, the Parties desire to amend the Purchase Agreement and to memorialize certain mutual agreements relating to certain transactions contemplated by the Purchase Agreement, as more specifically set forth in this Amendment.
2. Amendment to Schedule 14(h) of the Purchase Agreement. Schedule 14(h) to the Purchase Agreement is hereby deleted in its entirety and replaced with the Schedule 14(h) attached hereto as Annex II.
[Signature pages follow.]
IN WITNESS WHEREOF, the Parties have executed and delivered this Amendment as of the date first written above.
EV PROPERTIES, L.P.
By: EV Properties GP, LLC, its general partner
By: /s/ MICHAEL E. MERCER_______________
Michael E. Mercer
President and Chief Executive Officer
BCE-MACH II LLC
By:BCE-Mach Holdings II LLC, its sole member
By:Bayou City Energy III, L.P., its sole member
By:Bayou City Energy GP III, L.P., its general partner
By:BCE Associates LLC, its general partner
By: /s/ WILLIAM MCMULLEN_______________
[Signature Page to the First Amendment to the Purchase and Sale Agreement]