CHENIERE ENERGY, INC. 5,000,000 Shares of Common Stock Underwriting AgreementUnderwriting Agreement • December 6th, 2004 • Cheniere Energy Inc • Crude petroleum & natural gas • New York
Contract Type FiledDecember 6th, 2004 Company Industry JurisdictionCheniere Energy, Inc., a Delaware corporation (the "Company"), proposes to issue and sell to the several Underwriters listed in Schedule 1 hereto (the "Underwriters"), for whom you are acting as representatives (the "Representatives"), an aggregate of 5,000,000 shares (the "Underwritten Shares") of Common Stock, par value $ 0.003 per share, of the Company (the "Common Stock") and, at the option of the Underwriters, up to an additional 750,000 shares (the "Option Shares") of Common Stock. The Underwritten Shares and the Option Shares are herein referred to as the "Shares". The shares of Common Stock of the Company to be outstanding after giving effect to the sale of the Shares are herein referred to as the "Stock." The Stock, including the Shares, will have attached thereto rights (the "Rights") to purchase one one-thousandth of a share of Series A Preferred Stock, par value $0.0001 per share, of the Company (the "Preferred Stock"). The Rights are to be issued pursuant to a Rights Agree