Attached files
file | filename |
---|---|
8-K - 8-K - Harvest Oil & Gas Corp. | v206381_8k.htm |
EX-10.1 - EX-10.1 - Harvest Oil & Gas Corp. | v206381_ex10-1.htm |
OMNIBUS
AGREEMENT EXTENSION
This
Omnibus Agreement Extension (“Agreement”) is entered into on December 21, 2010,
and is by and between EnerVest, Ltd., (f/k/a EnerVest Management Partners, Ltd.)
a Texas limited partnership (“EnerVest”) and EV Energy GP, LP, a Delaware
limited partnership (the “General Partner”).
WHEREAS,
the Omnibus Agreement (the “First Omnibus Agreement”), was entered into on
September 29, 2006, by and among EnerVest, EV Management LLC, a Delaware limited
liability company (“EV Management”), the General Partner, EV Energy
Partners, LP, a Delaware limited partnership (the “Partnership”), and EV
Properties, L.P., a Delaware limited partnership (“OLP”). Any capitalized term
not defined herein shall have the meaning set forth therein;
WHEREAS,
pursuant to Section 3.3 of the First Omnibus Agreement, EnerVest and the General
Partner determine the amount of general and administrative expenses that will be
properly allocated to the Partnership after December 31, 2008;
WHEREAS,
the First Omnibus Agreement automatically renews each year if it is not
terminated by either EnerVest or the General Partner;
WHEREAS,
the First Omnibus Agreement was extended by the Omnibus Agreement Extensions
entered into on December 17, 2008 and December 10, 2009;
WHEREAS,
neither party has terminated the First Omnibus Agreement.
In
consideration of the premises and the covenants, conditions, and agreements
contained herein, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, EnerVest and the General Partner
hereby agree as follows:
1. The
First Omnibus Agreement shall continue in effect until December 31, 2011,
subject to termination or automatic renewal on such date as provided in the
First Omnibus Agreement.
2. The
Partnership shall pay EnerVest a fee of $916,666.67 per month, $11.0 million
annually, for the services described in the First Omnibus Agreement, subject to
adjustment as provided in Section 3.3 therein.
IN
WITNESS WHEREOF, the undersigned have executed this Agreement on, and effective
as of, the date first set forth above.
ENERVEST,
LTD.
|
|
By:
|
EnerVest
Management GP, L.C.,
|
its
general partner
|
|
By:
|
/s/ Mark A. Houser
|
Mark
A. Houser
|
|
Executive
Vice President and
|
|
Chief
Operating Officer
|
|
EV
ENERGY GP, L.P.
|
|
By:
|
EV
Management, L.L.C.,
|
a
Delaware limited liability company
|
|
its
General Partner
|
|
By:
|
/s/ Mark A. Houser
|
Mark
A. Houser
|
|
President
and Chief Operating Officer
|