0000950123-11-000404 Sample Contracts

AMENDMENT TO EMPLOYMENT AGREEMENT AND CHANGE-IN-CONTROL EXECUTIVE SEVERANCE AGREEMENT
Employment Agreement and Change-in-Control Executive Severance Agreement • January 5th, 2011 • Delta Petroleum Corp/Co • Crude petroleum & natural gas

This Amendment (“Amendment”) to the Employment Agreement made and entered into as of May 5, 2005 (the “Employment Agreement”) and the Change-in-Control Executive Severance Agreement executed and effective on April 30, 2007 (the “Change-in-Control Agreement”), in both cases by and between Delta Petroleum Corporation (the “Company”) and Kevin N. Nanke (the “Executive”), is effective as of December 29, 2010 (the “Amendment Effective Date”), except as otherwise provided herein, by and between the Company and the Executive.

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THIRD AMENDED AND RESTATED CREDIT AGREEMENT among DELTA PETROLEUM CORPORATION as Borrower, THE LENDERS PARTY HERETO from time to time as Lenders, and MACQUARIE BANK LIMITED, as Administrative Agent and Issuing Lender December 29, 2010
Credit Agreement • January 5th, 2011 • Delta Petroleum Corp/Co • Crude petroleum & natural gas • Texas

This Third Amended and Restated Credit Agreement dated as of December 29, 2010, is among Delta Petroleum Corporation, a Delaware corporation (“Borrower”), the lenders party hereto from time to time (the “Lenders”), and Macquarie Bank Limited, as administrative agent for such Lenders (in such capacity, the “Administrative Agent”) and as issuing lender for such Lenders (in such capacity, the “Issuing Lender”).

AMENDMENT TO AMENDED AND RESTATED EMPLOYMENT AGREEMENT AND CHANGE-IN-CONTROL EMPLOYEE SEVERANCE AGREEMENT
Employment Agreement • January 5th, 2011 • Delta Petroleum Corp/Co • Crude petroleum & natural gas

This Amendment (“Amendment”) to the Amended and Restated Employment Agreement effective July 6, 2010 (the “Employment Agreement”) and the Change-in-Control Employee Severance Agreement effective as of October 1, 2009 (the “Change-in-Control Agreement”), in both cases by and between Delta Petroleum Corporation (the “Company”) and Carl Lakey (the “Employee”), is effective as of December 29, 2010 (the “Amendment Effective Date”), except as otherwise provided herein, by and between the Company and the Employee.

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