1 EXHIBIT 4.1 AMENDMENT NO. 2 TO AMENDED AND RESTATED RIGHTS AGREEMENT This Amendment No. 2 to Amended and Restated Rights Agreement (this "Amendment") is made effective as of the 10th day of March 1999. This Amendment is an amendment to the Amended and Restated Rights Agreement, dated as of March 17, 1989, as amended effective June 13, 1992, as amended and restated as of December 12, 1997, and as amended effective November 24, 1998 (the "Rights Agreement"), between Seagull Energy Corporation, a Texas corporation (the "Company"), and BankBoston, N.A. (as successor to NCNB Texas National Bank) (the "Rights Agent"). RECITALS WHEREAS, pursuant to and in compliance with Section 26 of the Rights Agreement, the Company and the Rights Agent wish to amend the Rights Agreement as set forth herein; NOW THEREFORE, the parties hereto agree as follows: Section 1. Amendments. Section 7(a) of the Rights Agreement is amended to provide that the term "Final Expiration Date" shall mean May 21, 1999. Section 2. Remainder of Agreement Not Affected. Except set forth in Section 1 hereof, the terms and provisions of the Rights Agreement remain in full force and effect and are hereby ratified and confirmed. Section 3. Authority. Each party represents that such party has full power and authority to enter into this Amendment, and that this Amendment constitutes a legal, valid and binding obligation of such party, enforceable against such party in accordance with its terms. Section 4. Counterparts. This Amendment may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed and attested, all as of the day and year first above written. Attest: SEAGULL ENERGY CORPORATION By: /s/ WILLIAM L. TRANSIER By: /s/ JAMES T. HACKETT ------------------------------------- ------------------------------ William L. Transier James T. Hackett Executive Vice President & Chief President and Chief Financial Officer Executive Officer Attest: BANKBOSTON, N.A. By: /s/ JOCELYN J. TURNER By: /s/ CAROL MULREY-BORI ------------------------------------- ------------------------------ Name: Jocelyn J. Turner Name: Carol Mulrey-Bori Title: Account Manager Title: Administration Manager 2 3 OFFICER'S CERTIFICATE Reference is made to the Amended and Restated Rights Agreement, dated as of March 17, 1989, as amended effective June 13, 1992, amended and restated as of December 12, 1997, and as amended effective November 24, 1998 (the "Rights Agreement"), between Seagull Energy Corporation, a Texas Corporation (the "Company"), and BankBoston, N.A. (as successor of NCNB Texas National Bank)(the "Rights Agent"). The undersigned, being a duly elected officer of the Company, hereby certifies to the Rights Agent that the amendment attached hereto is in compliance with the terms of Section 26 of the Rights Agreement, and, on behalf of the Company, directs that the Rights Agent execute such amendment in accordance with Section 26 of the Rights Agreement. IN WITNESS WHEREOF, the undersigned has executed this certificate as of the 10th day of March 1999. /s/ JAMES T. HACKETT ------------------------------------- James T. Hackett President and Chief Executive Officer 3