EXHIBIT 2.2
AMENDMENT TO PURCHASE AND SALE AGREEMENT
This AMENDMENT TO PURCHASE AND SALE AGREEMENT (hereinafter "Amendment")
is executed this 17th day of May, 1999, but is effective for all purposes as
of March 31, 1999, by and between UNION OIL COMPANY OF CALIFORNIA, at 00000
Xxxxxxxxx Xxxxxxx, Xxxxx Xxxx, Xxxxx 00000 (hereinafter referred to as
"Unocal"), and QUICKSILVER RESOURCES INC., a Delaware corporation, whose
address is 0000 Xxxxxxxxxxxx Xxxxxx, Xxxx Xxxxx, Xxxxx 00000 (herein referred
to as "Buyer").
WHEREAS, reference is herein made to that certain PURCHASE AND SALE
AGREEMENT dated as of March 31, 1999, by and between Unocal and Buyer
(hereinafter "Purchase Agreement"). All capitalized terms used herein but
not otherwise defined shall have the meanings attributed to them in the
Purchase Agreement;
WHEREAS, Unocal and Buyer desire to make certain changes and amendments
to the Purchase Agreement, as set forth herein.
NOW, THEREFORE, for and in consideration of the mutual covenants
contained herein and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereby amend the
Purchase Agreement and agree as follows:
1. EXHIBIT A. Exhibit "A" attached to the Purchase Agreement is hereby
deleted and replaced for all purposes with FIRST AMENDED Exhibit "A" attached
hereto as ATTACHMENT 1.
2. SNOWPLOW. The leased snowplow described on Exhibit "B" to the Purchase
Agreement cannot be transferred without the lessor's consent and the lessor
has not yet agreed to provide such consent. The lessor of the snowplow has
quoted a price at which Unocal could terminate the existing lease and
purchase the snowplow. Buyer desires Unocal to purchase the snowplow on its
behalf. Therefore, the leased snowplow is hereby deleted from Exhibit "B" to
the Purchase Agreement, and the parties agree that as soon as reasonably
practicable after the closing, Unocal shall purchase the snowplow and
transfer the same to Buyer, and Buyer shall pay and reimburse Unocal, the
price Unocal pays therefor, not to exceed $60,000.00 (plus any applicable
sales and transfer taxes and registrations fees, to the extent not otherwise
included in this amount).
3. RATIFICATION. Except as expressly amended by this Amendment, the
Purchase Agreement, as amended by this Amendment, continues in full force and
effect on all of the terms and conditions provided therein.
4. ENTIRE AGREEMENT; AMENDMENTS: This Amendment, constitutes the entire
agreement between Unocal and Buyer with respect to the subject matter hereof,
and supersedes all prior oral or written agreements, commitments or
understandings with respect thereto. No amendment of this
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Amendment shall be binding on the Parties unless in writing and signed by the
authorized representatives of both Parties hereto. Any waiver of any breach
of any term or condition of this Amendment shall not operate as a waiver of
any other breach of such term or condition or of any other term or condition
of this Amendment.
5. COUNTERPARTS: This Amendment may be executed in one or more
counterparts, each of which shall be deemed an original, but all of which
shall constitute one and the same instrument.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the
date first above written.
Union Oil Company of California
By: /s/ Xxxxxx X. Xxxxx
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Name: Xxxxxx X. Xxxxx
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Title: Attorney-in-Fact
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QUICKSILVER RESOURCES INC.
By: /s/ Houston Xxxxxxxx
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Name: Houston Xxxxxxxx
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Title: Vice President
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