0001047469-12-006023 Sample Contracts

AMENDMENT AGREEMENT dated as of May 11, 2012
Amendment Agreement • May 15th, 2012 • FS Energy & Power Fund • New York

Reference is made to the ISDA Master Agreement dated as of August 11, 2011, including the Schedule and Credit Support Annex thereto (collectively, the “Master Agreement”) between Citibank, N.A. (“Party A”) and EP Investments LLC (“Party B”), as the same may be amended, modified, supplemented or otherwise modified from time to time. The Master Agreement incorporates any Confirmation exchanged thereunder (each, a “Confirmation”). Capitalized terms used but not defined herein have the respective meanings given to such terms in the Master Agreement. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties have now agreed to amend the Master Agreement by this Amendment Agreement (this “Agreement”) and to enter into such other agreements set out herein.

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