EXHIBIT 10.40 [COMPASS BANK LETTERHEAD] September 30, 1999 Mr. Steven H. Mikel President & CEO Southern Mineral Corporation 1201 Louisiana Street, Suite 3350 Houston, Texas 77002-5609 RE: Amended and Restated Credit Agreement dated June 19, 1998, by and between Southern Mineral Corporation, SMC Ecuador, Inc., SMC Production Co., BEC Energy, Inc., Amerac Energy Corporation, Compass Bank and First Union National Bank (as subsequently amended, restated, and/or supplemented, the "Credit Agreement") Dear Steve: Section 2.5 (a) of the Credit Agreement shall be amended to change the date of September 30, 1999 to October 8, 1999. Except as expressly provided herein, the Credit Agreement and the other Loan Documents shall remain in full force and effect in accordance with their respective terms and this letter shall not be construed to: (i) impair the validity, perfection or priority of any lien or security interest securing the Obligations; (ii) waive or impair any rights, powers or remedies of the Agent and the Lenders under the Credit Agreement and the other Loan Documents; or (iii) grant any forbearance periods or extend the term of the Credit Agreement or the time for payment of any of the Obligations, except as expressly provided herein. No Event of Default and no Default is waived or remedied by the execution of this letter by the Lenders, and any such Default or Event of Default heretofore arising and currently continuing shall continue after the execution and delivery hereof. Nothing contained in this letter, nor any past indulgence by the Lenders, nor any prior waiver or consents or any waivers or consents which may hereafter be granted nor any other action or inaction on behalf of the Lenders (i) shall constitute or be deemed to constitute a waiver of any Defaults or Events of Default which exist or may exist under the Credit Agreement or any other Loan Document, or (ii) shall constitute or be deemed to constitute an election of remedies by the Lenders or a waiver of any of the rights or remedies of the Lenders provided in the Credit Agreement or the other Loan Documents or otherwise afforded at law or in equity. Mr. Steven H. Mikel September 30, 1999 Page 2 THIS LETTER, THE AGREEMENT AND THE OTHER WRITTEN LOAN DOCUMENTS REPRESENT, COLLECTIVELY, THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. Sincerely, COMPASS BANK By:/s/ Dorothy Marchand Wilson --------------------------- Dorothy Marchand Wilson Senior Vice President FIRST UNION NATIONAL BANK By: __________________________ Its: __________________________ ACKNOWLEDGED AND AGREED: SOUTHERN MINERAL CORPORATION /s/ Michael. E. Luttrell - ------------------------ Michael E. Luttrell Vice President & CFO