EXHIBIT 10.12
August 5, 1996
Cheniere Energy Operating Co., Inc.
000 Xxxx Xxxxxx, Xxxxx 0000
Xxx Xxxx, XX 00000
Re: Second Amendment
Gentlemen:
I am writing with respect to that certain Exploration Agreement dated April
4, 1996, by and between FX Energy, Inc. and Zydeco Exploration, Inc., as amended
by that certain First Amendment dated May 15, 1996 (the "Agreement"). For
convenience, terms defined therein shall have the same meaning when used herein.
FX Energy, Inc. has changed its name to Cheniere Energy Operating Co., Inc.
("FX"). We desire to amend the Agreement as follows:
1. FX did not make the payment of $1,000,000 to the segregated account
which was due on June 30, 1996 under Section 2 of the Agreement. FX
shall make the $1,000,000 payment originally due June 30, 1996 to the
segregated account on or before August 9, 1996. A failure to make
such a payment by such date shall, notwithstanding anything in the
Agreement to the contrary, be treated as a Discontinuance under
Section 5.
2. FX did not make the payment of $1,000,000 to the segregated account
which was due on July 30, 1996. FX shall make the $1,000,000 payment
originally due July 30, 1996, to the segregated account on or before
October 31, 1996. A failure to made such a payment by such date
shall, notwithstanding anything in the Agreement to the contrary, be
treated as a Discontinuance under Section 5.
3. It is the intent of the parties that no grace period apply to the
payments required under this letter to be paid on August 9, 1996 and
October 31, 1996.
4. The parties agree that the agreements by Zydeco to defer payments
under Section 2 do not obligate Zydeco to grant further waivers nor
waive the right of Zydeco to have payments made at the times provided
in the Agreement, as modified hereby.
Cheniere Energy Operating Co., Inc.
August 5, 1996
Page 2
If I have correctly set forth our agreements, kindly so indicate by
executing one counterpart of this letter and returning it to the undersigned.
Yours very truly,
ZYDECO EXPLORATION, INC.
/s/ Xxx X. Xxxxx
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Xxx X. Xxxxx, Jr., President
ACCEPTED AND AGREED TO THIS
8TH DAY OF AUGUST, 1996.
CHENIERE ENERGY OPERATING CO., INC.
/s/ Xxxxxxx X. Xxxxxxx
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President