PURCHASE AND SALE AGREEMENT BY AND BETWEEN EXCO RESOURCES, INC. AS SELLER AND ENCORE OPERATING, LP AS BUYER EXECUTED ON JUNE 28, 2009 EFFECTIVE DATE: APRIL 1, 2009Purchase and Sale Agreement • August 6th, 2009 • Exco Resources Inc • Crude petroleum & natural gas • Texas
This Purchase and Sale Agreement (this “Agreement”), dated June 28, 2009, is by and between EXCO Resources, Inc., a Texas corporation (“EXCO” or “Seller”), and Encore Operating, LP, a Texas limited partnership (“Buyer”). Capitalized terms used but not otherwise defined herein shall have the meanings set forth in Appendix A attached hereto.
JOINT DEVELOPMENT AGREEMENT BY AND AMONG BG US PRODUCTION COMPANY, LLC, EXCO OPERATING COMPANY, LP AND EXCO PRODUCTION COMPANY, LP DATED , 2009Joint Development Agreement • August 6th, 2009 • Exco Resources Inc • Crude petroleum & natural gas • Texas
THIS JOINT DEVELOPMENT AGREEMENT is made this day of , 2009 (the “Closing Date”) by and among BG US Production Company, LLC, a limited liability company organized and existing under the Laws of Delaware (“BG”), EXCO Production Company, LP, a limited partnership organized and existing under the Laws of Texas (“EPC”), and EXCO Operating Company, LP, a limited partnership organized and existing under the Laws of the State of Delaware (“EOC” and together with EPC, “EXCO”). BG and EXCO shall sometimes be referred to herein together as the “Parties”, and individually as a “Party”. The Parties shall sometimes be referred to herein together in their capacities as working interest owners in the Subject Oil and Gas Assets as the “Development Parties”, and individually as a “Development Party”. Capitalized terms used herein and not otherwise defined shall have the meanings given such terms in Appendix I.
PURCHASE AND SALE AGREEMENT BY AND BETWEEN EXCO OPERATING COMPANY, LP EXCO PRODUCTION COMPANY, LP as Seller and BG US PRODUCTION COMPANY, LLC as Buyer EXECUTED ON June 29, 2009 EFFECTIVE DATE: January 1, 2009Purchase and Sale Agreement • August 6th, 2009 • Exco Resources Inc • Crude petroleum & natural gas • Texas
THIS PURCHASE AND SALE AGREEMENT (as may be amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) is entered into the 29th day of June, 2009, among EXCO OPERATING COMPANY, LP, a Delaware limited partnership (“EOC”), and EXCO PRODUCTION COMPANY, LP, a Texas limited partnership (“EPC” and collectively, with EOC, “EXCO” or “Seller”) and BG US PRODUCTION COMPANY, LLC, a Delaware limited liability company (“Buyer”). Buyer and Seller may be referred to collectively as the “Parties” or individually as a “Party”.
RE: Amendment to Purchase and Sale Agreement by and between EXCO Operating Company, LP and EXCO Production Company, LP, as Seller, and BG US Production Company, LLC, as Buyer, dated June 29, 2009 (the “Purchase Agreement”).Purchase and Sale Agreement • August 6th, 2009 • Exco Resources Inc • Crude petroleum & natural gas
In Section 6.4 of the Purchase Agreement, Seller and Buyer agreed within 10 Business Days following the execution of the Purchase Agreement to prepare and simultaneously file with the DOJ and the FTC the notification and report form required for the transactions contemplated by the Purchase Agreement under the HSR Act. That 10 Business Day period may expire on Monday, July 13, 2009.
