ContractAssumption Agreement • November 6th, 2009 • Cheniere Energy Inc • Crude petroleum & natural gas • New York
ASSUMPTION AGREEMENT, dated as of September 17, 2009, made by Cheniere Marketing, LLC (formerly Cheniere Marketing, Inc.), a Delaware limited liability company, in favor of The Bank of New York Mellon, (“BNY”) as collateral agent (in such capacity, the “Collateral Agent”) for (i) the banks and other financial institutions and entities (the “Lenders”) parties to the Credit Agreement referred to below, and (ii) the other Secured Parties (as defined in the Guarantee and Collateral Agreement (as hereinafter defined)). All capitalized terms not defined herein shall have the meaning ascribed to them in such Credit Agreement.
FIFTH AMENDMENT TO CREDIT AGREEMENT AND CONSENTCredit Agreement • November 6th, 2009 • Cheniere Energy Inc • Crude petroleum & natural gas • New York
This FIFTH AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is entered into, as of September 17, 2009, by Cheniere Common Units Holding, LLC, a Delaware limited liability company (the “Borrower”), the Loan Parties, the Lenders party hereto and The Bank Of New York Mellon, as administrative agent (in such capacity and together with its successors, the “Administrative Agent”) and as collateral agent (in such capacity and together with its successors, the “Collateral Agent”).
SCHEDULE D-1 CHANGE ORDERChange Order • November 6th, 2009 • Cheniere Energy Inc • Crude petroleum & natural gas
Owner and Contractor agree to implement the following changes in connection with the Agreement. To the extent the changes set forth herein conflict with any of the terms and conditions set forth in the Agreement, the changes herein shall be controlling.
THIRD AMENDMENT TO GUARANTEE AND COLLATERAL AGREEMENT (CREST ENTITIES) AND FOURTH AMENDMENT TO GUARANTEE AND COLLATERAL AGREEMENT (NON-CREST ENTITIES)Guarantee and Collateral Agreement • November 6th, 2009 • Cheniere Energy Inc • Crude petroleum & natural gas • New York
(CREST ENTITIES) AND FOURTH AMENDMENT TO GUARANTEE AND COLLATERAL AGREEMENT (NON-CREST ENTITIES) (collectively, this “Amendment”) is entered into, as of September 17, 2009, by Cheniere Common Units Holding, LLC, a Delaware limited liability company (the “Borrower”), the Guarantors and the Grantors (as defined in the applicable Guarantee and Collateral Agreement, as each is referenced below), and The Bank Of New York Mellon, as collateral agent (in such capacity and together with its successors, the “Collateral Agent”). All capitalized terms used in this Amendment and not otherwise defined herein have the meanings ascribed to such terms in the Guarantee and Collateral Agreements (as defined below).
CHANGE ORDER FORM (for use when the Parties execute the Change Order pursuant to Section 32 of the General Conditions)Change Order • November 6th, 2009 • Cheniere Energy Inc • Crude petroleum & natural gas
PROJECT NAME: Sabine Pass LNG Project (Phase 2) CHANGE ORDER NUMBER: 013 DATE OF CHANGE ORDER: July 7, 2009 PURCHASER: Sabine Pass LNG, L.P. SOIL CONTRACTOR: Remedial Construction Services, L.P. CONTRACT NO. 25279-004-OC2-C000-00001 DATE OF AGREEMENT: July 21, 2006
SCHEDULE D-1 CHANGE ORDERChange Order • November 6th, 2009 • Cheniere Energy Inc • Crude petroleum & natural gas
Owner and Contractor agree to implement the following changes in connection with the Louisiana Sales and Use Tax Allowance and the Insurance Allowance relating to the Work performed by Contractor. To the extent the changes set forth herein conflict with any of the terms and conditions set forth in the Agreement, the changes herein shall be controlling.
