Attached files
| file | filename |
|---|---|
| 8-K - FORM 8-K - FAR EAST ENERGY CORP | v411784_8k.htm |
Exhibit 10.1
AMENDMENT AGREEMENT
by and among
The Ashmore Funds named herein
as LENDERS
Far East Energy (Bermuda), Ltd.
as BORROWER
Dated 26 May 2015
| 1 |
THIS AMENDMENT AGREEMENT (this “Agreement”) is dated 26 May 2015 and made among:
| (1) | Far East Energy (Bermuda), Ltd. (the "Borrower"); and |
| (2) | The Ashmore Funds named herein (the “Lenders”) |
PREAMBLE
| (A) | The Term Loan Facility Agreement was originally made and dated 24 February 2015 between, amongst others, the Borrower and the Lenders (the "Original Term Loan Agreement"). |
| (B) | Pursuant to recent discussions, the Lenders and the Borrower wish to extend the repayment date set out in the Original Term Loan Agreement. |
IT IS AGREED as follows:
| 1. | DEFINITIONS AND INTERPRETATION |
| (a) | Unless a contrary indication appears, a term defined in the Original Term Loan Agreement has the same meaning in this Agreement |
| (b) | The principles of construction set out in the Original Term Loan Agreement shall have effect as if set out in this Agreement. |
| 1.2 | Third party rights |
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce or to enjoy the benefit of any term of this Agreement.
| 2. | AMENDMENTS |
Effective on and from 26 May 2015, the existing definition of “Repayment Date” in the Original Term Loan Agreement shall be deleted in its entirety and replaced with the following:
“"Repayment Date" means 26 June 2015.
| 3. | Governing Law |
This Agreement is, and all non-contractual obligations arising from or connected with it are, governed by and construed in accordance with the laws of English law.
| 4. | MISCELLANEOUS |
| 4.1 | Counterparts |
This
Agreement, and any non-contractual obligations arising out of or in relation thereto,
shall be governed by and construed in accordance with the laws of England.
| 2 |
| 4.2 | Acknowledgement |
By executing this Agreement, each party hereto acknowledges and accepts the amendment of the Original Term Loan Agreement to be effected pursuant to this Agreement.
| 3 |
IN WITNESS WHEREOF, the parties have caused this Agreement to be signed in their respective names as of the date first above written.
THE BORROWER
| FAR EAST ENERGY (BERMUDA), LTD. | ||
| By: | /s/ Michael R. McElwrath | |
| Name: | Michel R. McElwrath | |
| Title: | Chairman | |
THE ORIGINAL LENDERS
Northern Trust (Guernsey) Limited as depositary and agent for and on behalf of ASHMORE EMERGING MARKETS CORPORATE HIGH YIELD FUND LIMITED
| By: | /s/ Scott De La Mare | /s/ Lucy Mahy | ||
| Scott De La Mare | Lucy Mahy | |||
| Authorized Signatory | Authorized Signatory |
Northern Trust (Guernsey) Limited as depositary and agent for and on behalf of ASHMORE EMERGING MARKETS DEBT AND CURRENCY FUND LIMITED
| By: | /s/ Scott De La Mare | /s/ Lucy Mahy | ||
| Scott De La Mare | Lucy Mahy | |||
| Authorized Signatory | Authorized Signatory |
Northern Trust (Guernsey) Limited as custodian and agent for and on behalf of ASHMORE EMERGING MARKETS HIGH YIELD PLUS FUND LIMITED
| By: | /s/ Scott De La Mare | /s/ Lucy Mahy | ||
| Scott De La Mare | Lucy Mahy | |||
| Authorized Signatory | Authorized Signatory |
Northern Trust (Guernsey) Limited as custodian and agent for and on behalf of ASHMORE EMERGING MARKETS TRI ASSET FUND LIMITED
| By: | /s/ Scott De La Mare | /s/ Lucy Mahy | ||
| Scott De La Mare | Lucy Mahy | |||
| Authorized Signatory | Authorized Signatory |
| 4 |
Northern Trust (Guernsey) Limited as custodian and agent for and on behalf of ASHMORE GROWING MULTI STRATEGY FUND LIMITED
| By: | /s/ Scott De La Mare | /s/ Lucy Mahy | ||
| Scott De La Mare | Lucy Mahy | |||
| Authorized Signatory | Authorized Signatory |
Northern Trust (Guernsey) Limited as depositary and agent for and on behalf of ASSET HOLDER PCC LIMITED re ASHMORE EMERGING MARKETS LIQUID INVESTMENT PORTFOLIO
| By: | /s/ Scott De La Mare | /s/ Lucy Mahy | ||
| Scott De La Mare | Lucy Mahy | |||
| Authorized Signatory | Authorized Signatory |
The Northern Trust Company, London Branch as custodian and agent for and on behalf of ASHMORE EMERGING MARKETS DEBT FUND
| By: | /s/ Nick Heales | |
| Nick Heales | ||
| Authorized Signatory |
Ashmore Investment Management Limited as agent for and on behalf of ARIA CO PTY LTD as Trustee for ARIA ALTERNATIVE ASSETS TRUST
| By: | /s/ Alexandra Autrey | |
| Alexandra Autrey | ||
| Authorized Signatory |
Ashmore Investment Management Limited as agent for and on behalf of BT PENSION SCHEME TRUSTEES LIMITED AS TRUSTEE OF THE BT PENSION SCHEME
| By: | /s/ Alexandra Autrey | |
| Alexandra Autrey | ||
| Authorized Signatory |
Ashmore Investment Advisors Limited as agent for and on behalf of ASHMORE FUNDS, a Massachusetts Business Trust, ON BEHALF OF ASHMORE EMERGING MARKETS CORPORATE DEBT FUND
| By: | /s/ Alexandra Autrey | |
| Alexandra Autrey | ||
| Authorized Signatory |
Ashmore Investment Advisors Limited as agent for and on behalf of ASHMORE FUNDS, a Massachusetts Business Trust, on behalf of ASHMORE EMERGING MARKETS TOTAL RETURN FUND
| By: | /s/ Alexandra Autrey | |
| Alexandra Autrey | ||
| Authorized Signatory |
| 5 |