FORM OF EXCHANGE AGENT AGREEMENTExchange Agent Agreement • August 31st, 2009 • Ecopetrol S.A. • Crude petroleum & natural gas • New York
Ecopetrol S.A., a mixed economy company organized and existing under the laws of the Republic of Colombia (the “Company”), proposes to make an offer (the “Exchange Offer”) to exchange up to US$1,500,000,000 aggregate principal amount of its registered 7.625% Notes due 2017 (the “New Notes”), for a like principal amount of its outstanding unregistered 7.625% Notes due 2017 (the “Old Notes”). The Old Notes were issued and the New Notes will be issued under an indenture dated as of July 23, 2009, among the Company and The Bank of New York Mellon, as Trustee. The terms and conditions of the Exchange Offers as currently contemplated are set forth in a prospectus dated [•], 2008 (the “Prospectus”), forming a part of the registration statement of the Company on Form F-4 (File No. 333-160965), as amended, (the “Registration Statement”) filed with the Securities and Exchange Commission (the “SEC”) which is proposed to be distributed to all record holders of the Old Notes who acquired such Old N
