RE: Amendment to Purchase and Sale Agreement by and between EXCO Operating Company, LP and EXCO Production Company, LP, as Seller, and BG US Production Company, LLC, as Buyer, dated June 29, 2009 (the “Purchase Agreement”).
Exhibit 2.6
July 13, 2009
EXCO Operating Company, LP
EXCO Production Company, LP
00000 Xxxxx Xxxxx, Xxxxx 0000
Xxxxxx, Xxxxx 00000
Attention: Xxxx Xxxxxx, Vice President of Land
| RE: | Amendment to Purchase and Sale Agreement by and between EXCO Operating |
| Company, LP and EXCO Production Company, LP, as Seller, and BG US Production |
| Company, LLC, as Buyer, dated June 29, 2009 (the “Purchase Agreement”). |
Dear Sirs:
In Section 6.4 of the Purchase Agreement, Seller and Buyer agreed within 10 Business Days following the execution of the Purchase Agreement to prepare and simultaneously file with the DOJ and the FTC the notification and report form required for the transactions contemplated by the Purchase Agreement under the HSR Act. That 10 Business Day period may expire on Monday, July 13, 2009.
In order to ensure that all work necessary to make the filings under the HSR Act is completed, Seller and Buyer agree to extend the deadline for filing under Section 6.10 of the Purchase Agreement until the end of Tuesday, July 14, 2009. Except as modified by this letter, the Purchase Agreement remains in full force and effect.
Capitalized terms used in this letter but not otherwise defined in this letter shall have the meaning given to such terms in the Purchase Agreement. The terms of Sections 15.15 and 15.16 of the Purchase Agreement are incorporated by reference as if set out in full herein.
If this letter correctly sets forth our understanding, please execute and return one copy to the undersigned at the address provided in the Purchase Agreement.
Very truly yours,
BG US PRODUCTION COMPANY
| By: | /s/ Xxxxx Xxxxxx | |
| Xxxxx Xxxxxx | ||
| Vice President | ||
Agreed and accepted this 13th day of July, 2009
EXCO OPERATING COMPANY, LP
| By: |
EXCO Partners OLP GP, LLC, its general partner | |
| By: | /s/ Xxxxxxx X. Boeing | |
| Vice President and General Counsel | ||
EXCO PRODUCTION COMPANY, LP
| By: |
Xxxxxxx DE, LLC, its general partner | |
| By: | /s/ Xxxxxxx X. Boeing | |
| Vice President and General Counsel | ||
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cc:
EXCO Operating Company, LP
EXCO Production Company, LP
00000 Xxxxx Xxxxx, Xxxxx 0000
Xxxxxx, Xxxxx 00000
Attention: Xxxxxxx X. Boeing, Vice President, General Counsel and Secretary
Xxxxxx & Xxxxxx L.L.P.
2500 First City Tower
0000 Xxxxxx Xxxxxx
Xxxxxxx, Xxxxx 00000-0000
Attention: Xxxxx X. Xxxxxxxxxxx
BG North America, LLC
0000 Xxxxxxxxxx, Xxxxx 0000
Xxxxxxx, Xxxxx 00000
Attention: Xxxxx Xxxxxx
Xxxxxx, Xxxxx & Xxxxxxx LLP
0000 Xxxxxxxxx, Xxxxx 0000
Xxxxxxx, Xxxxx 00000
Attention: Xxxxx X. Xxxxx
3
