EX-101 INSTANCE DOCUMENT

EX-10.1 2 c23884exv10w1.htm EXHIBIT 10.1 Exhibit 10.1

Exhibit 10.1

AMENDMENT NO. 4

Product Sale and Purchase Contract
Dated July 1, 2007
By and between
Resolute Natural Resources Company, LLC
and

Kinder Morgan CO₂ Company, L.P.

THIS AMENDMENT is made and entered into effective the first day of January 2012, by and between Resolute Natural Resources Company, LLC (“Buyer”) and Kinder Morgan CO₂ Company, L.P. (“Seller”).

PREMISES:

WHEREAS, Buyer and Seller are parties to a Product Sale and Purchase Contract Dated July 1, 2007 (“Contract”); and

WHEREAS, Buyer and Seller have previously amended the Contract effective October 1, 2007, again effective January 1, 2009, and again effective September 1, 2010; and

WHEREAS, Buyer and Seller desire to modify the Daily Contract Quantities and the Annual Contract Quantities; and

NOW, THEREFORE, in consideration of the premises and mutual benefits and covenants herein contained, Buyer and Seller agree as follows:

Exhibit “A-3” shall be replaced in its entirety with Exhibit “A-4”, attached hereto, and any references in the Contract to Exhibit “A”, Exhibit “A-1, Exhibit “A-2”, Exhibit “A-3 and Exhibit “B” will now be referred to as Exhibit “A-4”.

All other terms and conditions contained in the Contract shall remain in full force and effect.

IN WITNESS WHEREOF, Buyer and Seller have caused this Amendment No. 4 to be executed by their duly authorized representatives effective as of January 1, 2012.


“Buyer”		“Seller”
Resolute Natural Resources Company, LLC		Kinder Morgan CO₂ Company, L.P.

By:	/s/ P. Flynn	By:	/s/ illegible

Title:	Vice President	Title:	Marketing Director

Date:	10/14/11	Date:	October 19, 2011

EXHIBIT A-4
TO THE
PRODUCT SALE AND PURCHASE CONTRACT
BY AND BETWEEN
RESOLUTE NATURAL RESOURCES COMPANY
AND
KINDER MORGAN CO2 COMPANY, L.P.


	Number		Daily Contract		Annual Contract		Annual Contract
Contract Year	of Days		Quantity in Mcf		Quantity in Mcf		Quantity in Bcf
Jul-07		31		6,000		186,000		0.186
Aug-07		31		5,497		170,407		0.170
Sep-07		30		11,344		340,320		0.340
Oct-07		31		25,200		781,200		0.781
Nov-07		30		24,889		746,670		0.747
Dec-07		31		24,445		757,795		0.758
2008		366		32,245		11,801,670		11.802
2009		365		50,000		18,250,000		18.250
Jan-Aug 2010		243		41,000		9,963,000		9.963
Sep-Dec 2010		122		45,000		5,490,000		5.490
2011		365		58,000		21,170,000		21.170
2012		366		48,000		17,568,000		17.568
2013		365		52,000		18,980,000		18.980
2014		365		51,000		18,615,000		18.615
2015		365		40,000		14,600,000		14.600
2016		366		40,000		14,640,000		14.640
2017		365		21,000		7,665,000		7.665
2018		365		16,000		5,840,000		5.840
2019		365		13,000		4,745,000		4.745
2020		366		11,500		4,209,000		4.209

			Total Contract Quantity			176,519,062		176.519