THIRD AMENDMENT TO BUSINESS COMBINATION AGREEMENTBusiness Combination Agreement • July 29th, 2020 • Pure Acquisition Corp. • Blank checks
This THIRD AMENDMENT TO BUSINESS COMBINATION AGREEMENT (this “Third Amendment”) is entered into as of July 24, 2020, by and among Pure Acquisition Corp., a Delaware corporation (“Parent”), HighPeak Energy, Inc., a Delaware corporation and wholly-owned subsidiary of Parent (the “Company”), Pure Acquisition Merger Sub, Inc., a Delaware corporation and wholly-owned subsidiary of the Company, HighPeak Energy, LP, a Delaware limited partnership, HighPeak Energy II, LP, a Delaware limited partnership, HighPeak Energy III, LP, a Delaware limited partnership, HPK Energy, LLC, a Delaware limited liability company, and solely for the limited purposes specified in the Agreement (as defined below), HighPeak Energy Management, LLC, a Delaware limited liability company. The parties hereto are collectively referred to herein as the “Parties.” Capitalized terms used but not defined herein shall have the meanings assigned to such terms in the Agreement.
AMENDED & RESTATED FORWARD PURCHASE AGREEMENTForward Purchase Agreement • July 29th, 2020 • Pure Acquisition Corp. • Blank checks • Delaware
This Amended & Restated Forward Purchase Agreement (this “Agreement”) is entered into as of _______(Date)_________, 2020 by and among HighPeak Energy, Inc., a Delaware corporation (“HighPeak Energy” or the “Company”), each party designated as a Purchaser on the signature page hereto (together with any other Person (as defined below) that becomes a Purchaser hereunder pursuant to the terms hereof, in each case, for so long as each such Person is a party to this Agreement, the “Purchasers” and each individually, a “Purchaser”), HighPeak Energy Partners, LP, a Delaware limited partnership (“HPEP I”) and, solely for purposes of providing the written consent to assignment contemplated by Sections 4(c) and 9(f) of the original Forward Purchase Agreement (the “Original Agreement”), dated April 12, 2018, between HPEP I and Pure Acquisition Corp., a Delaware corporation (“Pure” together with HPEP I, the “Original Parties”), Pure.
