Re: Notice of Termination of Underwriting AgreementNGAS Resources Inc • August 11th, 2009 • Crude petroleum & natural gas
Reference is made to that certain Underwriting Agreement dated as of August 5, 2009 (the “Underwriting Agreement”) by and between NGAS Resources, Inc., a corporation organized under the laws of the Province of British Columbia (the “Company”) and BMO Capital Markets Corp., a Delaware corporation (the “Underwriter”). The Underwriter and you hereby agree to terminate the Underwriting Agreement effective immediately; provided, however that the provisions of Sections 4(k), 4(l) and 6 of the Underwriting Agreement shall at all times be effective and shall survive such termination.
Underwriting AgreementUnderwriting Agreement • August 11th, 2009 • NGAS Resources Inc • Crude petroleum & natural gas • New York
NGAS Resources, Inc., a corporation organized under the laws of the Province of British Columbia (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell (i) an aggregate of 3,480,000 shares (the “Shares”) of the Company’s common stock, no par value per share (the “Common Stock”) and (ii) warrants (the “Warrants”) to purchase up to an aggregate of 1,740,000 shares of Common Stock (the “Warrant Shares” and collectively with the Shares and the Warrants, the “Securities”) in the form of Exhibit C attached hereto to BMO Capital Markets Corp., a Delaware corporation (the “Underwriter”). The Shares and Warrants shall be sold in units (the “Units”), each Unit consisting of one Share and 0.5 Warrants. The Shares and the Warrants shall be immediately separable and transferable upon issuance.
