By: /s/ Anthony Mandekic Anthony MandekicSecretary/Treasurer
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
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 |
Tracinda Corporation
January 24, 2008
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January 24, 2008
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| Cc: | Terry Christenson, Esq. Ronald R. Levine, II, Esq. Norman Brownstein, Esq. |
