Contract
Exhibit 1.2
X.X. Xxxxxxx & Company, LLC
0000 Xxxxxxx Xxxx Xxxx, Xxxxx 000
Xxx Xxxxxxx, Xxxxxxxxxx 00000
April 7, 2022
Tellurian Inc.
0000 Xxxxxxxxx Xxxxxx, Xxxxx 0000
Xxxxxxx, XX 00000
Re: | Distribution Agency Agreement dated December 17, 2021 (the “Sales Agreement”), between X.X. Xxxxxxx & Company, LLC (“X.X. Xxxxxxx”) and Tellurian Inc. (the “Company”). |
Dear Sirs:
Section 1 of the Sales Agreement is hereby amended and restated in its entirety as follows:
“Introduction. Tellurian Inc., a Delaware corporation (the “Company”), agrees with X.X. Xxxxxxx & Company, LLC (the “Manager”) to issue and sell from time to time through the Manager, as sales agent, shares of its common stock, $0.01 par value (the “Common Stock”), having an aggregate offering price of up to $400,000,000 (the “Maximum Amount”) on the terms set forth herein. The shares of Common Stock to be issued and sold hereunder shall be referred to as the “Shares.””
This amendment and restatement will be deemed effective as of the date of this letter agreement.
Except as set forth above, the Sales Agreement shall remain in effect in all respects.
This letter agreement shall be governed by, and construed in accordance with, the internal laws of the State of New York without regard to the principles of conflicts of laws.
If the foregoing correctly sets forth the understanding between the Company and X.X. Xxxxxxx please so indicate in the space provided below for that purpose, whereupon this letter shall constitute a binding agreement between the Company and X.X. Xxxxxxx.
X.X. XXXXXXX & COMPANY, LLC. | ||
By: | /s/ Xxxxx Xxxx | |
Name: Xxxxx Xxxx | ||
Title: Partner |
Acknowledged and agreed:
TELLURIAN INC.
By: | /s/ L. Xxxx Xxxxxxxxx | |
Name: | L. Xxxx Xxxxxxxxx | |
Title: | Chief Financial Officer |