ISDA® International Swaps and Derivatives Association, Inc. SCHEDULE to the
Exhibit
99.2
ISDA®
International
Swaps and Derivatives Association, Inc.
SCHEDULE
to
the
dated
as
of 30 August 2006
between
|
Macquarie
Bank Limited
|
and
|
Samson
Oil & Gas USA Inc.
|
|
(“Party
A”)
|
(“Party
B”)
|
|
|
established
as a company
with limited liability
with
Australian Business Number 46 000 000 000
under
the laws of Australia
acting
through its branches in Sydney and London
|
established
as a corporation
under
the laws of Colorado
|
| Part 1. |
Termination
Provisions.
|
| (a) |
“Specified
Entity” means
in
relation to Party A for the purpose
of:―
|
|
Section
5(a)(v),
|
Nil
|
|
Section
5(a)(vi),
|
Nil
|
|
Section
5(a)(vii),
|
Nil
|
|
Section
5(b)(v),
|
Nil
|
and
in
relation to Party B for the purpose of:―
|
Section
5(a)(v),
|
Affiliates.
|
|
Section
5(a)(vi),
|
Affiliates.
|
|
Section
5(a)(vii),
|
Affiliates.
|
|
Section
5(b)(v),
|
Affiliates.
|
| (b) | “Specified Transaction” will have the meaning specified in Section 14 of this Agreement. |
|
(c)
|
The
“Cross-Default”
provisions of Section 5(a)(vi) will apply to Party
B.
|
“Specified
Indebtedness”
means
any obligation (whether present or future, contingent or otherwise, as principal
or surety or otherwise) in respect of a repurchase transaction, money borrowed
or raised, any finance lease, redeemable preference share, letter of credit,
futures contract, guarantee, indemnity, or any obligation in respect of any
transaction in the nature of a transaction as described in (a)(i) and (ii),
(b)
and (c) of the definition of Specified Transaction
“Threshold
Amount”
means
[USD$50,000] or its equivalent in another currency (being the amount of that
other currency required to purchase [USD$50,000] at the rate equal to the spot
exchange rate of any foreign exchange agent selected in good faith by the party
asserting that a Cross Default has occurred)..
|
(d)
|
The
“Credit
Event Upon Merger”
provisions of Section 5(b)(v) will apply to Party
B.
|
| (e) |
The
“Automatic
Early Termination”
provision of Section 6(a) will not apply to Party A or Party
B.
|
|
(f)
|
“Termination
Currency”
means the currency selected by the party which is not the Defaulting
Party
or the Affected Party, as the case may be, or where there is more
than one
Affected Party, the currency agreed by Party A and Party B. However,
the
Termination Currency shall be one of the currencies in which payments
are
required to be made in respect of Transactions. If the currency selected
is not freely available, or where there are two Affected Parties
and they
cannot agree on a Termination Currency, the Termination Currency
shall be
United States Dollars.
|
| (g) |
Additional
Termination Event will
not apply to Party A. The following shall constitute Additional
Termination Events:
|
| (i) |
termination
of the Loan Facility Agreement between Party A and Party B dated
on or
about the date of this agreement (the “Credit Agreement”), for any reason;
|
| (ii) |
the
occurrence of a termination event, default or event of default under
the
Credit Agreement or the Transaction Documents, as that term is defined
in
the Credit Agreement;
|
For
all
such Additional Termination Events, the affected party is Party B.
2
| Part 2. |
Tax
Representations.
|
| (a) |
Payer
Representations. For
the purpose of Section 3(e) of this Agreement, Party A and Party
B each
make the following representation:―
|
|
It
is not required by any applicable law, as modified by the practice
of any
relevant governmental revenue authority, of any Relevant Jurisdiction
to
make any deduction or withholding for or on account of any Tax from
any
payment (other than interest under Section 9(h) of this Agreement) to
be made by it to the other party under this Agreement. In making
this
representation, it may rely on:
|
|
(i)
|
the
accuracy of any representations made by the other party pursuant
to
Section 3(f) of this Agreement;
|
|
(ii)
|
the
satisfaction of the agreement contained in Section 4(a)(i) or 4(a)(iii)
of
this Agreement and the accuracy and effectiveness of any document
provided
by the other party pursuant to Section 4(a)(i) or 4(a)(iii) of this
Agreement; and
|
|
(iii)
|
the
satisfaction of the agreement of the other party contained in Section
4(d)
of this Agreement, except that it will not be a breach of this
representation where reliance is placed on clause (ii) above and
the other
party does not deliver a form or document under Section 4(a)(iii) by
reason of material prejudice to its legal or commercial
position.
|
|
(b)
|
Payee
Representations. For
the purpose of Section 3(f)
of
this Agreement, Party A and Party B each make the following
representation:―
|
It
is
fully eligible for the benefits of the “Business Profits” or “Industrial and
Commercial Profits” provision (or equivalent provision whether or not actually
so named), as the case may be, the “Interest” provision or the “Other Income”
provision (if any) of the Specified Treaty with respect to any payment described
in such provisions and received or to be received by it in connection with
this
Agreement and no such payment is attributable to a trade or business carried
on
by it through a permanent establishment in the Specified
Jurisdiction.
For
the
purpose of this part of the Schedule:
“Specified
Jurisdiction”
of
Party A means:
|
(a)
|
the
country in which is located the office identified in the applicable
Confirmation as the office through which Party B is acting for the
purpose
of the Transaction;
|
|
(b)
|
if
no office is expressly identified in the applicable Confirmation,
the
country in which is located the office from which the applicable
Confirmation originated.
|
“Specified
Jurisdiction”
of
Party B means:
|
(a)
|
the
country in which is located the office identified in the applicable
Confirmation as the office through which Party A is acting for the
purpose
of the Transaction;
|
|
(b)
|
if
no office is expressly identified in the applicable Confirmation,
the
country in which is located the office from which the applicable
Confirmation originated.
|
“Specified
Treaty”
means
the income tax convention, if any, between the Specified Jurisdiction of Party
A
and the Specified Jurisdiction of Party B.
3
| Part 3. |
Agreement
to Deliver Documents.
|
For
the
purpose of Sections 4(a)(i) and (ii) of this Agreement, each party agrees to
deliver the following documents, as
applicable:―
| (a) |
Tax
forms, documents or certificates to be delivered are
:―
|
|
Party
required to deliver document
|
Form/Document/
Certificate
|
Date
by which
to
be delivered
|
|
Parties
A and B
|
Any
form or document reasonably requested by the other party to permit
payments without (or with minimum) deduction or withholding of
Tax.
|
As
soon as possible after request
|
|
Party
required to deliver document
|
Form/Document/
Certificate
|
Date
by which
to
be delivered
|
Covered
by Section 3(d) Representation
|
|
Parties
A & B
|
A
list of authorised signatories for the party and evidence of the
authority
of the authorised signatories of the party to execute this Agreement
and
any Confirmation on behalf of the party
|
At
the execution of this Agreement
|
Yes
|
|
Party
B
|
A
copy of its annual audited consolidated financial
statements.
|
Within
120 days from Party’s financial year end.
|
No
|
4
| Part 4. |
Miscellaneous.
|
| (a) |
Addresses
for Notices. For
the purpose of Section 12(a) of this
Agreement:―
|
Address
for notices or
communications to Party A:―
| Address: |
Macquarie
Bank Limited
|
||
|
0
Xxxxxx Xxxxx
Xxxxxx
XXX 0000
Xxxxxxxxx
|
|||
|
Attention:
|
Executive Director, Legal Risk Management Division, Treasury and Commodities Group and Equity Markets Group | ||
| Telex No.: | 122246 | Answerback: | |
| Facsimile No.: | (000) 0000 0000 | Telephone No.: | (000) 0000 0000 |
| E-mail: | for Section 5 and 6 Notices only: ‘xxx.xxxx.xxxxxxx@xxxxxxxxx.xxx’. | ||
| With a copy to: | |||
| Address: |
Macquarie
Bank Limited
Xxxxx
00, Xxxxxxxxx
0
Xxxxxxxxx Xxxxxx, Xxxxxx XX0X 0XX
|
||
| Attention: | Head of Legal | ||
| Facsimile No.: | (00) 00 0000 0000 | Telephone No.: | (00) 00 0000 0000 |
| Address for notices or communications to Party B:― | |||
| Address: | Samson
Oil and Gas USA Inc
0000
Xxxx Xxxx, Xxxxx 000
Xxxxxxxx
XX 00000
|
||
| Attention: |
Xxxxx
Xxxxxx
Chief
Financial Officer
|
||
|
Facsimile
No.:+ 0 000 000 1961Telephone
No.: + 0 000 000 0000
E-mail:
|
|||
| (b) |
Process
Agent. For
the purpose of Section 13(c) of this
Agreement:―
|
Party
A
appoints as its Process Agent:
Macquarie
Securities (USA) Inc.
000
Xxxx
00xx
Xxxxxx,
00xx Xxxxx
Xxx
Xxxx,
XX 00000
United
States of America
In
the
event of service of process in any proceedings by Party B to Party A’s Process
Agent Party B must also send copies of that process immediately to Party A
in
Australia at the above address.
Party
B
appoints as its Process Agent:
Samson
Oil & Gas Limited
Xxxxx
00,
Xxxxxxxx
Xxxxx,
0
Xxx Xxxxxxxxx
Perth
WA
6000
5
| (c) |
Offices. The
provisions of Section 10(a) will apply to this
Agreement.
|
| (d) |
Multibranch
Party. For
the purpose
of Section 10(c) of this
Agreement:―
|
Party
A
is a Multibranch Party and may enter into a Transaction through any of the
following Offices:― London or Sydney
Party
B
is not a Multibranch Party.
| (e) |
Calculation
Agent. The
Calculation Agent is Party A, unless otherwise specified in a Confirmation
in relation to the relevant Transaction. If at any time an Event
of
Default is continuing with respect to Party A, then Party B or
an
independent third party selected by Party B will act as Calculation
Agent.
|
| (f) |
Credit
Support Document. Details
of any Credit
Support Document:― in relation to Party B, the Securit, as that term is
defined in the Credit Agreement.
|
| (g) |
Credit
Support Provider. Credit
Support Provider means in relation to Party A, none.
|
Credit
Support Provider means in relation to Party B, each
of
the parties to the Credit Support Documents referred to above as appropriate
are
Credit Support Providers in relation to Party B.
| (h) |
Governing
Law. This
Agreement will be governed by and construed in accordance with the
laws of
the State of New York (without reference to choice of law
doctrine).
|
Waiver
of Jury Trial.
Each
party waives, to the fullest extent permitted by applicable law, any right
it
may have to a trial by jury in respect of any suit, action or proceeding
relating to this Agreement or any Transaction. Each party (i) certifies that
no
representative, agent or attorney of the other party has represented, expressly
or otherwise, that such other party would not seek to enforce the foregoing
waiver in the event of any such suit, action or proceeding and (ii) acknowledges
that it and the other party have entered into this Agreement, in reliance on,
among other things, the mutual waivers and certifications in this
provision.
| (i) |
Netting
of Payments. ”Multiple
Transaction Payment Netting” will apply for the purpose of Section 2(c) of
this Agreement to any Transactions of the same type (in each case
starting
from the date of this Agreement.
|
| (j) |
“Affiliate”
will have the meaning specified in Section 14 of this
Agreement.
|
| (k) |
Absence
of Litigation.
For the purpose of Section 3(c):―
|
“Specified
Entity”
means in
relation to Party A, not applicable.
“Specified
Entity”
means in
relation to Party B, not applicable.
| (l) |
No
Agency. The
provisions of Section 3(g) will apply to this
Agreement.
|
| (m) |
Additional
Representation will
apply. For the purpose of Section 3 of this Agreement, the following
will
constitute an Additional
Representation:―
|
| (i) |
Relationship
Between Parties.
Each party will be deemed to represent to the other party on the
date on
which it enters into a Transaction that (absent a written agreement
between the parties that expressly imposes affirmative obligations
to the
contrary for that Transaction):―
|
| (A) |
Non-Reliance. It
is acting for its own account, and it has made its own independent
decisions to enter into that Transaction and as to whether that
Transaction is appropriate or proper for it based upon its own judgment
and upon advice from such advisers as it has deemed necessary. It
is not
relying on any communication (written or oral) of the other party
as
investment advice or as a recommendation to enter into that Transaction,
it being understood that information and explanations related to
the terms
and conditions of a Transaction will not be considered investment
advice
or a recommendation to enter into that Transaction. No communication
(written or oral) received from the other party will be deemed to
be an
assurance or guarantee as to the expected results of that
Transaction.
|
6
| (B) |
Assessment
and Understanding. It
is capable of assessing the merits of and understanding (on its own
behalf
or through independent professional advice), and understands and
accepts,
the terms, conditions and risks of that Transaction. It is also capable
of
assuming, and assumes, the risks of that
Transaction.
|
| (C) |
Status
of Parties. The
other party is not acting as a fiduciary for or an adviser to it
in
respect of that Transaction.
|
| (ii) |
Eligible
Contract Participant.
With respect to all Transactions in "excluded commodities" as that
term is
defined in section 1a(13) of the U.S. Commodity Exchange Act, as
amended
(the “CEA”) and all Transactions in "exempt commodities" as that term is
defined in Section 1a(14) of the CEA Party B represents and warrants
that
it is an "eligible contract participant" as such term is defined
in
Section 1a(12) of the CEA.
|
| (iii) |
Eligible
Commercial Entity.
With respect to all Transactions in "exempt commodities" as that
term is
defined in Section 1a(14) of the CEA, Party B represents and warrants
that
it is an “eligible commercial entity” within the meaning of section1a(11)
of the CEA.”
|
|
(n)
|
Recording
of Conversations.
Each Party:
|
|
(i)
|
consents
to the recording of telephone conversations between the trading,
marketing
and other relevant personnel of the parties in connection with this
Agreement or any potential
Transaction;
|
|
(ii)
|
agrees
to obtain any necessary consent of, and give any necessary notice
of such
recording to, its relevant personnel;
and
|
|
(iii)
|
agrees,
to the extent permitted by applicable law, that recordings may be
submitted in evidence in any
Proceedings.
|
7
| Part 5. |
Other
Provisions.
|
|
(1)
|
Definitions.
Unless otherwise specified in a Confirmation, this Agreement and
each
Transaction between the parties are subject to any set of ISDA Definitions
in existence from time to time which are specifically relevant to
the
Transaction (the “Definitions”)
each as published by either the International Swaps & Derivatives
Association, Inc., or the International Swap Dealers Association,
Inc., as
the case may be. Any amendment to such definitions subsequent to
their
initial publication will only be effective as to Transactions entered
into
on or after the date of amendment.
|
|
(2)
|
Inconsistency.
At the end of Section 1(b), the following sentence is
inserted:
|
“In
the event of any inconsistency between the Definitions and this Master Agreement
(including the Schedule), the Master Agreement will prevail.”
| (3) |
Amendment
of Section 2.
|
|
(a)
|
At
the end of Section 2(a)(i) the following sentence is
inserted:
|
|
“Each
payment or delivery will be by way of exchange for the corresponding
payment or payments payable by the other party.”
|
|
(b)
|
A
new Section 2(a)(iv) is inserted as
follows:
|
|
“(iv)
|
The
condition precedent in Section 2(a)(iii)(1) does not apply to a payment
or
delivery due to be made to a party if it has satisfied all its payment
and
delivery obligations under Section 2(a)(i) of this Agreement and
has no
future payment or delivery obligations, whether absolute or contingent
under Section 2(a)(i).”
|
|
(4)
|
Change
of Accounts.
For the purposes of Section 2(b) of this Agreement both parties agree
that such new account so designated shall be in the same tax jurisdiction
as the original account.
|
|
(5)
|
Tax
Events.
Section 5(b)(iii) is amended by deleting the words “,
or there is a substantial likelihood that it will,”
where they appear in that clause.
|
|
(6)
|
Procedures
for Confirming Transactions:
|
Section
9(e) of this Agreement is amended by the addition of the following
terms:
| “(iii) |
With
respect to each Transaction entered into pursuant to this Agreement
and
for the purposes of Section 9(e)(ii), Party A shall, on or
promptly after the relevant Trade Date, send Party B a Confirmation
confirming that Transaction and Party B shall promptly then confirm
the accuracy of or request the correction of such Confirmation. In
the
absence of manifest error, where Party B fails to confirm the
accuracy of or request the correction of a Confirmation within three
Local
Business Days after it was sent, the terms of a Confirmation will
be
binding on and conclusive against
Party B.
|
Delivery
of a Confirmation is effected whether a party uses facsimile, an electronic
messaging system or telex and irrespective of the form of delivery used by
the
other party to confirm the terms of the relevant Transaction. The requirement
of
this Agreement that the parties exchange Confirmations shall for all purposes
be
satisfied by following the procedure set out in this
paragraph.
Where
a Transaction is confirmed by means of a facsimile, an electronic messaging
system or telex, such message will constitute a Confirmation even where not
so
specified in that Confirmation.”
| (7) |
Notices.
Section
12 of the Agreement is amended in the following
manner:
|
|
(a)
|
Delete
the following words where they appear on lines 2 and 3 of Section
12(a):
|
|
“(except
that a notice or other communication under Section 5 or 6 may not
be given
by electronic messaging system or email).”
|
8
| (b) |
Delete
paragraph (iii) of Section 12(a) and insert
instead:
|
|
“(iii)
|
if
sent by facsimile, on production of a transmission report by the
machine
from which the facsimile was sent which indicates that the facsimile
was
sent in its entirety to the facsimile number of the recipient notified
for
the purpose of this Section unless the recipient notifies the sender
within one Local Business Day of the facsimile being sent that the
facsimile was not received in its entirety in legible
form;”
|
|
(8)
|
Close-out
Amount.
At
the end of the definition of Close-out Amount in Section 14, the
following
sentence is inserted:
|
|
“A
Close-out Amount is not required to be the market value of the Terminated
Transaction or group of Terminated Transactions and, subject to Section
6(e)(ii)(3), the Determining Party is not obliged to use the mid-market
quotations or mid-market valuations in determining a Close-out
Amount.”
|
|
(9)
|
2002
Master Agreement Protocol. The
parties agree that, with effect from the date of this Agreement.
the terms
of each Annex to the 2002 Master Agreement Protocol published by
the
International Swaps and Derivatives Association Inc., (the “Protocol”)
shall apply to this Agreement as if the parties had adhered to the
Protocol without amendment.
|
|
(10)
|
Covenants
and Negative Covenants.
Party B hereby covenants and agrees to comply with the representations,
covenants and general undertakings applicable to Party B as set forth
in
the Transaction Documents all of which are incorporated herein by
reference.
|
|
(11)
|
Party
B hereby agrees to immediately notify Party A if any representation,
covenant, or general undertaking contained in this Agreement, or
the
Transaction Documents, ceases to be true, accurate and complete in
every
material respect, at any time during which there are outstanding
Transactions under this Agreement.
|
9
|
Part
6.
|
Commodity
Transactions
|
ELECTIONS
UNDER THE COMMODITY DEFINITIONS
|
(A)
|
Business
Day Convention:
For the purposes of Section 1.5 of the Commodity Definitions, the
parties agree that the “Modified Following” Business Day Convention shall
apply to Commodity Transactions;
|
|
(B)
|
Amendments
to the Commodities Derivatives Definitions:
The following amendments are made to the Commodities Derivatives
Definitions:
|
| (1) |
Article
1
|
Section
1.1 is deleted and replaced with the following:
Transaction.“Transaction”
means any transaction for the spot or forward sale of a Commodity, a Commodity
swap transaction, cross Commodity swap transaction, Commodity cap, collar or
floor transaction, Commodity option transaction or any other similar transaction
whether or not the Settlement Date is fixed, any combination of these
transactions and any other transactions that the parties agree to be a Commodity
Transaction.”
| (2) |
A
new Section
8.9
is
added to Article
8
as
follows:
|
|
“Certain
definitions relating to commodity
options
|
The
following definitions apply to any Transaction which is or is described in
its
confirmation as a commodity option and for which there is no “Physical
Settlement” procedure specified in this Article 8. Such a Transaction is also an
“Option” for the purposes of the Commodity Derivative
Definitions.
|
“Expiration
Time”
means the latest time on the Expiration Date at which the Seller
will
accept a Notice of Exercise.
|
|
“Fixed
Amount”
means, unless the parties otherwise specify in the Confirmation,
an amount
equal to the Quantity (expressed as a number) multiplied by the Strike
Price per Unit.
|
|
If
“Physical
Settlement”
is specified to be applicable to the Commodity Option, it means that
the
Seller grants to the Buyer the right to cause Seller to either, depending
on whether the Commodity Option is a Put or a Call, purchase or deliver
the Quantity on the Settlement Date in return for the Fixed Amount.
In
those circumstances, for the purpose of Section 8.3 the definition
of:
|
|
(a)
|
“Call”
is to be taken to mean an Option entitling, but not obligating, the
Buyer
to purchase from the Seller on the Settlement Date, the Quantity
in
exchange for the Fixed Amount;
and
|
|
(b)
|
“Put”
is to be taken to mean an Option entitling, but not obligating, the
Buyer
to sell to the Seller on the Settlement Date, the Quantity in exchange
for
the Fixed Amount.
|
|
“Quantity”
means the quantity (expressed in Units) of the Commodity the subject
of
the Transaction.”
|
10
| (3) |
Add
the following as a new Article
10:
|
“Certain
definitions and other provisions relating to spot and forward commodity
contracts
|
(a)
|
The
following definitions apply to any Transaction which is, or is described
in its confirmation as, a forward commodity contract or a spot commodity
contract (whether or not the Settlement Date is
fixed).
|
|
“Buyer”
means the party specified as buyer in the
Confirmation.
|
If
“Cash
Settlement”
is
specified to be applicable, it means that:
|
(i)
|
the
Buyer must pay the Cash Settlement Amount to the Seller on the Settlement
Date, if the Final Settlement Price exceeds the Floating Price;
or
|
|
(ii)
|
the
Seller must pay the Cash Settlement Amount to the Buyer on the Settlement
Date, if the Floating Price exceeds the Final Settlement
Price.
|
|
“Cash
Settlement Amount”
means, unless the parties otherwise specify in the Confirmation,
the
absolute value of an amount calculated in accordance with the following
formula:
|
|
Quantity
(expressed as a number) times the difference between the Final Settlement
Price and the Floating Price.
|
|
“Final
Settlement Price”
means the price per Unit which the Seller would receive on the Settlement
Date in accordance with the agreement between the parties if the
Commodity
were to be physically
delivered.
|
|
“Fixed
Amount”
means, unless the parties otherwise specify in the Confirmation,
an amount
equal to the Quantity multiplied by the Final Settlement
Price.
|
|
If
“Physical
Settlement”
is specified to be applicable, it means the Seller must deliver the
Quantity to the Buyer on the Settlement Date and the Buyer must pay
the
Fixed Amount to the Seller on the Settlement
Date.
|
|
“Quantity”
means the quantity (expressed in Units) of the Commodity the subject
of
the Transaction.
|
|
“Seller”
means the party specified as seller in the
Confirmation.
|
|
“Spot
Price”
means the spot price for a Commodity agreed to be prevailing on the
Trade
Date, expressed as a price per relevant Unit for settlement within
two
Business Days after the Trade
Date.
|
|
(b)
|
When
a Commodity Transaction is, or is described in its confirmation as,
a
floating forward transaction, then the Settlement Date is to be a
Business
Day elected by the Seller (which election is to be made by giving
the
Buyer at least two Business Days’ notice)”.
|
11
| (4) |
Add
the following new Article
11:
|
|
“Physical
Settlement
|
|
When
“Physical
Settlement”
is specified to be applicable to a Commodity Transaction, the following
provisions apply:
|
|
(a)
|
Section
2(c) of this Agreement is amended
by:
|
|
(i)
|
adding
the words “or deliverable” after “payable” in lines 1, 6, 8, 10 and
11;
|
|
(ii)
|
adding
the words “or, in the case of delivery obligations, the same commodity”
after “in the same currency” in line 2 and 10;
and
|
|
(iii)
|
adding
the words “or delivery” after “payment” in line 4;
and
|
|
(iv)
|
adding
the words “or deliver” after “pay” in line
8;
|
|
(b)
|
in
addition to the representations contained in Section 3 of this Agreement,
each party will be deemed to have represented to the other party
at the
time it delivers any commodity to the other party pursuant to this
Agreement, that it has full legal and beneficial title to that commodity
and it delivers the same free and clear of any security interest,
claim,
lien or encumbrance of any
kind;
|
|
(c)
|
the
definition of “Tax”
in Section 14 of this Agreement is amended by adding “or delivery” after
“of any payment”‘
|
|
(d)
|
either
party may change the place nominated by it to receive delivery of
a
Commodity by giving notice to the other party at least five Business
Days
before the scheduled date for the delivery unless the other party
gives
timely notice of a reasonable objection to the change. The party
nominating the change must pay the other party any additional costs
incurred by the other party in changing the place of delivery;
and
|
| (e) |
subject
to the amendments herein, and to the extend the context does not
otherwise
require, all other references (if any) in this Agreement to “payment”,
“payments”, “pay”, “paid” and “payable” are deemed to include references
to “delivery”, “deliveries”, “deliver”, “delivered” and “deliverable”,
respectively.”
|
12
|
Macquarie
Bank Limited
|
Samson
Oil & Gas USA Inc.
|
|
By: /s/
Xxxxxxx
Xxxxxxxx
|
By:
/s/ Xxxxx
Xxxx
|
|
Name:
Xxxxxxx Xxxxxxxx
|
Name:
X.X. Xxxx
|
|
Title:
Associate Director
|
Title:
Managing Director
|
|
Date:
October 9, 2006
|
Date:
September 6, 2006
|
|
By: /s/
Xxxxxx
XxXxxxxx
|
By:
|
|
Name:
Xxxxxx XxXxxxxx
|
Name:
|
|
Title:
Associate Director
|
Title:
|
|
Date:
October 9, 2006
|
Date:
__, 2006
|
13
