Exhibit (e)(5)
November 6, 2014
Dune Energy, Inc.
777 Walker Street, Suite 2300
Houston, Texas 7702
Attention: James A. Watt
| Re: | Tender offer for the shares of Dune Energy, Inc. (“Dune”) |
Dear James:
This letter agreement is being entered into in connection with the Agreement and Plan of Merger among Eos Petro, Inc., Eos Merger Sub, Inc. and Dune, dated as of September 16, 2014 (the “Merger Agreement”). Any capitalized term used in this letter agreement without definition has the meaning ascribed to it in the Merger Agreement.
Notwithstanding anything to the contrary in the Merger Agreement, the Expiration Date, as set forth in Section 2.1(c) of the Merger Agreement, is extended to midnight, New York City time, on November 20, 2014. Except as amended and modified by this letter agreement, the Merger Agreement shall remain in full force and effect and is hereby ratified and confirmed.
If the foregoing correctly sets forth your understanding, please execute this letter agreement in the space provided below and a return a copy to me.
Very truly yours,
EOS PETRO, INC. | ||
| By: | /s/ Nikolas Konstant | |
| Nikolas Konstant, Chairman and CFO | ||
| EOS MERGER SUB, INC. | ||
| By: | /s/ Nikolas Konstant | |
| Nikolas Konstant, President and CEO | ||
ACCEPTED AND AGREED TO AS OF THE DATE FIRST WRITTEN ABOVE:
DUNE ENERGY, INC. | ||
| By: | /s/ James A Watt | |
| James A. Watt, President and CEO | ||
