Attention: Mr. Kevin K. Nanke Chief Financial Officer Re: Second Amended and Restated Credit Agreement dated as of November 3, 2008 (as amended prior to the date hereof, including pursuant to that certain First Amendment to Second Amended and Restated...Credit Agreement • April 15th, 2009 • Delta Petroleum Corp/Co • Crude petroleum & natural gas
Reference is made to the First Amendment pursuant to which, among other things, the Administrative Agent (on behalf of the Banks) and the Banks agreed to forbear from exercising their rights and remedies arising as a result of the Specified Defaults. Pursuant to the terms and conditions of the First Amendment, (a) the Forbearance Period Termination Date is currently April 15, 2009, and (b) Borrower is required to consummate the Interim Issuance in order for the Forbearance Period Termination Date to be automatically extended to May 15, 2009. Borrower has not consummated the Interim Issuance and has requested that the Administrative Agent (on behalf of the Banks) and the Banks amend the definition of “Forbearance Period Termination Date” to extend the current Forbearance Period Termination Date from April 15, 2009 to May 1, 2009.
