PURCHASE AND SALE AGREEMENT BETWEEN DUNE PROPERTIES, INC. (AS SELLER) AND TEXAS PETROLEUM INVESTMENT COMPANY (AS BUYER) DATED AS OF MAY 28, 2010Purchase and Sale Agreement • June 30th, 2010 • Dune Energy Inc • Oil & gas field services, nec • Texas
THIS PURCHASE AND SALE AGREEMENT (this “Agreement”), dated as of May 28, 2010, is by and between DUNE PROPERTIES, INC., a Texas corporation (“Seller”), whose address is 777 Walker Street, Suite 2300, Houston, Texas 77002 and TEXAS PETROLEUM INVESTMENT COMPANY, a Texas corporation, whose address is 5850 San Felipe, Suite 250, Houston, Texas 77057 (“Buyer”).
FIFTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • June 30th, 2010 • Dune Energy Inc • Oil & gas field services, nec • New York
FIFTH AMENDMENT, dated as of June 25, 2010 (this “Amendment”), to the Credit Agreement, dated as of May 15, 2007 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among the lenders identified on the signature pages thereof (such lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), Wells Fargo Capital Finance, Inc. (f/k/a Wells Fargo Foothill, Inc.), a California corporation, as the arranger and administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, “Agent”), Dune Energy, Inc., a Delaware corporation (“Parent”), and each of Parent’s Subsidiaries identified on the signature pages thereof as a Borrower (such Subsidiaries, together with Parent, are referred to hereinafter each individually as a “Borrower”, and individually and collectively, jointly and severally, as t
