COMPANY STOCK PURCHASE AGREEMENTCompany Stock Purchase Agreement • February 26th, 2008 • Tracinda Corp • Delaware
THIS COMPANY STOCK PURCHASE AGREEMENT (this “Agreement”) is made as of December 29, 2007, by and between DELTA PETROLEUM CORPORATION, a Delaware corporation (the “Company”), and TRACINDA CORPORATION, a Nevada corporation (“Purchaser”).
February 20, 2008Stock Appreciation Right Agreement • February 26th, 2008 • Tracinda Corp • California
This letter sets forth the oral understanding we reached on December 29, 2007 regarding Christensen, Glaser, Fink, Jacobs, Weil & Shapiro, LLP (the “Firm”) sharing in a portion of the appreciation from the investment by Tracinda Corporation (“Tracinda”) in Delta Petroleum Corporation (“Delta Petroleum”). In consideration of the services provided to Tracinda in connection with the Delta Petroleum transaction, the Firm was awarded a Stock Appreciation Right (the “SAR”) by Tracinda to receive a right to compensation equal to the appreciation in value of 263,000 shares of the common stock of Delta Petroleum (“Delta Petroleum Common Stock”, approximately 35 percent of which outstanding common stock is currently owned by Tracinda) on the terms and conditions set forth herein.
