Exhibit 10.2
Amendment No. 1 to Asset Purchase and Sale Agreement
AMENDMENT NO. 1
TO
ASSET PURCHASE AND SALE AGREEMENT
This Amendment No. 1 to the Asset Purchase and Sale Agreement dated October
26, 2004, between ONEOK Propane Distribution Company, a division of ONEOK
Propane Company, a Delaware corporation, as Seller, and Sonterra Energy
Corporation, a Texas corporation, as Buyer (the "Agreement"), is entered into
between Seller and Buyer as of October 29, 2004. Capitalized terms not otherwise
defined herein have the meanings given in the Agreement.
Recitals
--------
Section 7.2 of the Agreement provides that the Closing of the transactions
contemplated by the Agreement will occur on or before October 29, 2004. Section
7.3 of the Agreement defines the Effective Date. The Parties desire to close the
transactions on November 1, 2004, and set the Effective Date as October 1, 2004.
Agreements
----------
1. The first sentence of Section 7.2 of the Agreement, Time and Place of
Closing, is amended to read in its entirety as follows:
Closing shall occur on or before November 1, 2004, at 2:00 p.m. CST
(provided that all conditions to Closing contained within Section 7.1 above
have been met), unless a later date is mutually agreed to in writing by
both Parties.
2. The first sentence of Section 7.3 of the Agreement, Effective Date, is
amended to read in its entirety as follows:
The "Effective Date" of the transfer from Seller to Buyer hereunder shall
be October 1, 2004.
IN WITNESS WHEREOF, the Parties have set their hands by their duly
authorized officials.
BUYER:
Sonterra Energy Corporation, a Texas
corporation
By: ____________________________
▇▇▇▇▇▇▇ ▇. ▇▇▇▇, President
SELLER:
ONEOK Propane Distribution Company,
a division of ONEOK Propane Company,
a Delaware corporation
By: ___________________________
D. ▇▇▇▇▇ ▇▇▇▇▇▇,
Senior Vice President -
Financial Services
