Amendment to Company Stock Purchase Agreement between Delta Petroleum Corporation and Tracinda Corporation

Summary

Delta Petroleum Corporation and Tracinda Corporation have agreed to amend their existing Company Stock Purchase Agreement. The amendment changes the deadline for Tracinda Corporation to notify Delta Petroleum in writing about its satisfaction with due diligence results to 5:00 p.m. Mountain Time on February 11, 2008. All other terms of the original agreement remain unchanged. This amendment is effective as of January 24, 2008.

EX-1.1 2 d53321exv1w1.htm SIDE LETTER AGREEMENT exv1w1  

Exhibit 1.1
January 24, 2008
Tracinda Corporation
150 South Rodeo Drive
Suite 250
Beverly Hills, California 90212
Attn: Anthony Mandekic
     Re:      Amendment to Company Stock Purchase Agreement
Dear Tony:
Pursuant to our discussions and in consideration of your ongoing efforts, we hereby agree to amend the first sentence of Section 2.4(b)(iv) of the Company Stock Purchase Agreement, dated December 29, 2007, by and between us and Tracinda Corporation (the “Agreement”), as follows:
“Purchaser shall be satisfied, in its sole discretion, with the results of its due diligence investigation of the Company; provided, that Purchaser shall notify the Company in writing on or before 5:00 p.m. Mountain Time on February 11, 2008 as to whether it is satisfied with the results of its due diligence investigation.”
The remaining terms and conditions of the Agreement shall remain in full force and effect.
         
 
Very truly yours,

DELTA PETROLEUM CORPORATION
 
 
  By:   /s/ Stanley F. Freedman    
    Stanley F. Freedman   
    Executive Vice President and General Counsel   
 
Agreed and Accepted:
TRACINDA CORPORATION
         
By:
  /s/ Anthony Mandekic
 
Anthony Mandekic Secretary/Treasurer
   

 


 

Tracinda Corporation
January 24, 2008
Page 2 of 2
Cc:   Terry Christenson, Esq.
Ronald R. Levine, II, Esq.
Norman Brownstein, Esq.