DocuSign Envelope ID: 1F4BAF45-23C3-4EEE-827E-9CBD836D7DB0 FIRST AMENDMENT TO THE CONTRACT FOR SALE AND PURCHASE OF LIQUID HELIUM This FIRST AMENDMENT TO THE CONTRACT FOR SALE AND PURCHASE OF LIQUID HELIUM (“First Amendment”) is effective as of...
DocuSign Envelope ID: 1F4BAF45-23C3-4EEE-827E-9CBD836D7DB0 FIRST AMENDMENT TO THE CONTRACT FOR SALE AND PURCHASE OF LIQUID HELIUM This FIRST AMENDMENT TO THE CONTRACT FOR SALE AND PURCHASE OF LIQUID HELIUM (“First Amendment”) is effective as of October 1, 2023 and is made by and among NEH MIDSTREAM LLC (“Seller”), AIRLIFE GASES USA INC. (“Buyer”), and XXXXX PARTNERS, L.L.C. (“Pledgor”). WHEREAS, Seller and Buyer are Parties to the Contract for Sale and Purchase of Liquid Helium with an Effective Date of August 25, 2023 (the “Agreement”); WHEREAS, Seller desires to supply additional quantities of Liquid Helium to Buyer that were not included in the Agreement and Buyer desires to purchase such additional Liquid Helium (“Additional Helium”) from Seller; and WHEREAS, the Parties wish to amend the Agreement to incorporate the purchase and sale of the Additional Helium and to give effect to certain other changes to the Agreement, on the terms and conditions as set forth herein. NOW THEREFORE, in light of the foregoing, the mutual covenants and agreements stated herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: 1. Defined Terms. All capitalized terms used but not expressly defined herein which are defined in the Agreement shall have the meanings ascribed to such terms in the Agreement, unless the context requires otherwise. 2. The following definition shall be added to Article 1 of the Agreement: “BME Helium” means that certain crude Helium that Seller has agreed to purchase from Badger Midstream Energy (“BME”) for a term of forty-two (42) months commencing January 1, 2024. The quantity of contained Helium that Seller expects to purchase from BME and supply to Buyer as Additional Helium pursuant to the Agreement (as amended by this First Amendment) is estimated to range between 4.8 to 8.4 MMCF per year. 3. Section 3.1 of the Agreement is hereby amended and restated in its entirety and replaced by the following new Section 3.1: |
DocuSign Envelope ID: 1F4BAF45-23C3-4EEE-827E-9CBD836D7DB0 IN WITNESS WHEREOF, the Seller, Buyer and Pledgor have caused this First Amendment to be executed by their duly authorized representatives effective as of October 1, 2023. SELLER BUYER NEH MIDSTREAM LLC AIRLIFE GASES USA INC. Name: Name: Title: Title: Date: Date: The undersigned Xxxxxxx joins in the execution of this First Amendment for the limited purpose of ratifying the terms, conditions and covenants described in Section 7.3 of the Agreement, as hereby amended. PLEDGOR XXXXX PARTNERS, L.L.C. Signature: Name: Title: SIGNATURE PAGE TO FIRST AMENDMENT TO THE CONTRACT FOR SALE AND PURCHASE OF LIQUID HELIUM President October 12, 2023 Managing Member October 12, 2023 E. Will Gray II Managing Member |