AMENDMENT TO CONFIRMATION
Exhibit 10.9
AMENDMENT TO CONFIRMATION
THIS AMENDMENT TO CONFIRMATION (this “Amendment”) is made as of this 29th day of June 2007,
between Xxxxxx Drilling Company (“Issuer”) and Xxxxxx Brothers OTC Derivatives Inc. (“Xxxxxx”).
WHEREAS, Xxxxxx and Issuer are parties to a Confirmation dated as of June 28, 2007 (the
“Confirmation”) relating to Warrants on shares of Issuer;
WHEREAS, the parties wish to amend the Confirmation on the terms and conditions set forth in
this Amendment;
NOW, THEREFORE, in consideration of their mutual covenants herein contained and for other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties hereto hereby agree as follows:
Section 1. Terms Used but Not Defined Herein. Capitalized terms used but not defined herein
shall have the respective meanings given to them in the Confirmation.
Section 2. Amendments to the Confirmation. The Confirmation is, effective as of the date
hereof, hereby amended as follows:
(a) The “Premium” under the Confirmation shall be USD $2,025,000.00. For the avoidance
of doubt, the Premium per Warrant set forth in the Confirmation shall remain unchanged.
(b) The “Number of Warrants” under Annex A of the Confirmation shall be 10,031 for Components 1
through 89 and 10,012 for Component 90.
Section 3. Representations and Warranties. Issuer represents and warrants to Xxxxxx that the representations and warranties of Issuer set forth in Section 3 of the Agreement and Section 7
of the Confirmation are true and correct and are hereby deemed to be repeated to Xxxxxx as if set
forth herein.
Section 4. Effectiveness. This Amendment shall become effective upon execution by the
parties hereto.
Section 5. Counterparts. This Amendment may be signed in any number of counterparts, each of
which shall be an original, with the same effect as if all of the signatures thereto and hereto
were upon the same instrument.
Section 6. Governing Law. This Amendment shall be governed by and construed in accordance
with the laws of the State of New York.
Section 7. Effectiveness of Confirmation. Except as amended hereby, all the terms of the
Confirmation shall remain and continue in full force and effect and are hereby confirmed in all
respects.
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Exhibit 10.9
Please confirm your agreement with the foregoing by executing this Amendment and returning such
Amendment, in its entirety, to us at facsimile number 000-000-0000 (United States of America),
Attention: Documentation.
Yours sincerely,
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Accepted and agreed to: | |
Xxxxxx Brothers OTC Derivatives Inc.
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Xxxxxx Drilling Company |
By:
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By: | |||||||
Name:
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Name: | |||||||
Title:
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Title: |
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