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10-K/A - ERHC ENERGY 10-K A 9-30-2013 - ERHC Energy Incform10ka.htm
EX-32.1 - EXHIBIT 32.1 - ERHC Energy Incex32_1.htm
EX-10.24 - EXHIBIT 10.24 - ERHC Energy Incex10_24.htm
EX-32.2 - EXHIBIT 32.2 - ERHC Energy Incex32_2.htm
EX-32.1 - EXHIBIT 31.1 - ERHC Energy Incex31_1.htm
EX-31.2 - EXHIBIT 31.2 - ERHC Energy Incex31_2.htm

EXHIBIT 10.23
 
 
 

On July 6, 2011, ERHC Energy, Inc. (the “Company” or “ERHC”) announced that it had signed, through one of its subsidiaries, a Production Sharing Contract (PSC) on three oil blocks with the Government of Chad namely the Manga, Chari-Ouest and BDS 2008 Blocks. What follows below is a fair and accurate English summary of said PSC, pursuant to, and as permitted by, § 230.403(c)(3) or § 240.12b-12(d)(3) of the Securities Act of 1933, which “fairly and accurately summarize(s) the terms of each material provision of the foreign language document” and “fairly and accurately describe(s) the terms that have been omitted or abridged.”

SUMMARY OF ERHC CHAD PRODUCTION SHARING CONTRACT (PSC)
 
 
 
 
 
1.
PARTIES TO PSC
 
ERHC ENERGY (BVI) LTD.
 
-and-
 
THE REPUBLIC OF CHAD
 
 
 
 
2.
DATE OF EXECUTION
 
30 June 2011
 
 
 
 
3.
PSC ITEMS
PERIOD
WORK PROGRAM COMMITMENT
 
 
 
 
a.
Exclusive Exploration Authorization
 
 
 
Initial Period
5 years
USD15 Million + 50% Bank Guarantee
 
Renewal Period1
3 years
USD1Million + 50% Bank Guarantee
 
 
 
 
 
Signing Bonus
 
USD6 Million
 
Administrative Fee
 
USD480 Thousand
 
Recurring Yearly Fees
 
 
 
Annual Meeting
 
USD75 Thousand
 
Ministry Training
 
USD250 Thousand
 
Chadian ERHC Personnel and Training
 
Max USD 100 Thousand
 
Surface Royalty (Initial Period)
 
USD1/km2
 
Surface Royalty (Renewal Period)
 
USD5/km2
 
 
 
 
 
Drilling Obligations
 
One exploratory well during Exclusive Exploration Authorization
 
 
 
 
b.
Extension of Exclusive Exploration Authorization
2 years
Conditioned upon Feasibility Study
 
Recurring Yearly Fees
 
 
 
Surface Royalty
 
USD10/km2
 
 
 
 
 
Exclusive Exploitation Authorization2
25 years
 
 
Award Bonus
 
USD2 Million
 
 
 
 
 
Recurring Yearly Fees
 
 
 
Abandonment Work Reserve Fund
 
Production based formula
 
Ministry Training
 
USD500 Thousand
 
Chadian ERHC Personnel and Training
 
1% of Operator’s payroll
 
Surface Royalty
 
USD100/km2
 
 
 
 
c.
Renewal of Exclusive Exploitation Authorization
10 years
Conditioned upon commerciality
 
Recurring Yearly Fees
 
 
 
Surface Royalty
 
USD150/km2


1 Upon ERHC’s request and compliance with work program commitment for the Initial Period.
2 Upon ERHC’s request and Chad Ministry Approval.

Recent Developments
Recently, ERHC offered to novate the PSC by retaining only the BDS 2008 Block and voluntarily relinquishing the Manga and Chari Ouest III Blocks to the Chadian government for efficiency.  The novation of the PSC has been approved by the Chadian Ministry of Energy and Petroleum.  In April 2014 ERHC received the arrêté (decree) of the President of Chad giving presidential seal of approval to the Company's retention of oil exploration Block BDS 2008 and its voluntary relinquishment of the Manga and Chari-Ouest III Blocks. The BDS 2008 Block has an area of 16,360 square kilometers or 4,042,644 acres.

Cost Recovery and Production Sharing
In the event of a discovery and commercial production from the Company’s blocks, the Company and any partners that have participated in the exploration will be entitled to recover up to 70% of the net hydrocarbon production (less any production royalty) as cost of oil, until all the costs for exploration and development have been recovered. Production royalty is 14.25% in the case of crude oil and 5% in the case of natural gas.  No guarantee can be given that; there will be production in commercial quantities from the Company’s exploration acreage in Chad.

Transfer of Rights and Obligations
The Company may at any time transfer all or part of the rights and obligations deriving from its Exclusive Exploration Authorization and, if applicable, from any Exclusive Exploitation Authorizations as well as contractual rights pertaining to such Authorizations, subject to the State’s approval.

[END OF SUMMARY]