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EXHIBIT 10.44
AMENDMENT TO PURCHASE AND SALE AGREEMENT
This Amendment to Purchase and Sale Agreement ("Amendment") is dated
this 16th day of July, 1997, and is among HSRTW, Inc., a Delaware corporation,
with an office address of 0000 Xxxxxxxx, Xxxxx 0000, Xxxxxx, Xxxxxxxx 00000 and
Horizon Gas Partners, L.P., a Delaware limited partnership with an office
address of 0000-X Xxxx 00xx Xxxxxx, Xxxxx, Xxxxxxxx 00000-0000 (collectively
"Seller") and Gothic Energy Corporation, an Oklahoma corporation with an office
address of 0000 Xxxxx Xxxxx Xxxxxx, Xxxxx 000, Xxxxx, Xxxxxxxx 00000-0000
("Buyer").
Seller and Buyer have entered into a Purchase and Sale Agreement date
June 30, 1997 (the "Agreement") covering certain Interests (as defined in the
Agreement). The parties wish to amend the Agreement as set forth below.
Unless specifically defined in this Amendment, capitalized terms shall have the
meaning set forth in the Agreement.
In consideration of the mutual promises set forth below, and other
good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
1. The first sentence of Section 5.2(b) shall be amended to read
as follows:
Buyer shall give Seller written notice of Title Defects
immediately upon discovering such Title Defects, but in
no event after August 15, 1997.
2. Seller shall provide Exhibits A-2, B, C, D, and E to Buyer on
or before August 15, 1997.
3. Except as set forth in this Amendment, the terms of the
Agreement remain unchanged and in full force and effect.
SELLER:
HSRTW, INC.
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By: Xxxxxx X. Xxxxxx
Title: Vice President, Acquisitions
& Divestitures
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HORIZON GAS PARTNERS, L.P.
BY: HORIZON NATURAL RESOURCES, INC.
GENERAL PARTNER
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By: R. Xxxxxxx Xxxx
Title: Vice-President
BUYER:
GOTHIC ENERGY CORPORATION
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By: Xxxxxxx Xxxxx
Title: President
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