EXH9IBIT 4.9
AMENDMENT TO ESCROW AGREEMENT
THIS AGREEMENT dated April 13, 1994.
AMONG:
PACIFIC CORPORATE TRUST COMPANY, a trust company duly
authorized to do business in British Columbia, having its
registered office at Suite 000 - 000 Xxxx Xxxxxx, Xxxxxxxxx,
X.X., X0X 0X0
AND:
ENERGAS RESOURCES INC., a corporation subsisting under the
laws of British Columbia, having its registered office at 2500
Three Bentall Centre, P.O. Box 49200, 000 Xxxxxxx Xxxxxx,
Xxxxxxxxx, Xxxxxxx Xxxxxxxx, X0X lLl
AND:
ENERGAS CORPORATION, a corporation subsisting under the laws
of Oklahoma
AND: ENERGAS PIPELINE COMPANY. a corporation subsisting under
the laws of Oklahoma
WHEREAS:
(A) The parties entered into an Escrow Agreement dated September 20, 1991
(the "Escrow Agreement");
(B) The parties wish to amend the terms and conditions of the Escrow
Agreement as set out herein.
NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the premises and
the covenants set forth herein, the parties hereby agree as follows:
1. The Schedule "A" attached to the Escrow Agreement be deleted and
replaced with the Schedule "A" attached hereto;
2. Except as set out in this Agreement, the Escrow Agreement as amended is
hereby confirmed;
3. This Agreement shall inure to the benefit and be binding upon the
parties hereto and their respective successors and permitted assigns;
4. This Agreement will in all respects be interpreted, construed and
governed by an in accordance with the laws of British Columbia and the laws of
Canada applicable therein;
5. This Agreement is subject to Energas Resources Inc. first obtaining the
written consent of the Vancouver Stock Exchange to the transactions contemplated
herein.
IN WITNESS WHEREOF the authorized signatory of each party has executed this
Agreement the day and year first above written.
PACIFIC CORPORATE TRUST COMPANY
Authorized Signatory
--------------------
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ENERGAS CORPORATION
Per: /s/ Xxxxxx Xxxx
-----------------------------------------------
Authorized Signatory
SCHEDULE "A"
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1. NAME OF SHAREHOLDER NUMBER OF SHARES
------------------- ----------------
Energas Corporation 1,955,200
0000 Xxxx Xxxx Xxxxxx
Xxxxxx, Xxxxxxxx 00000
Energas Pipeline Company 3,844,800
0000 Xxxx Xxxx Xxxxxx
Xxxxxx, Xxxxxxxx 00000
TOTAL: 5,800,000
NOTE: A further 633,353 shares of the Company will be added to the total of
shares held in escrow pursuant to the terms of this Agreement for the
accounting of Energas Corporation should the Company exercise its option to
acquire a further undivided 2% working interest from Energas Corporation by
the agreement to which this agreement is attached as Schedule "B".
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