Exhibit 4.1
FIRST SUPPLEMENTAL
INDENTURE
First Supplemental Indenture, dated
as of December 30, 2008 (this “ Supplemental Indenture
”), by and among Dune Energy, Inc., a Delaware corporation
(the “ Company ”), the Guarantors (as defined
below) and The Bank of New York Mellon, as Trustee (in such
capacity, the “ Trustee ”) and Collateral Agent
(in such capacity, the “ Collateral Agent ”)
under the Indenture referenced below.
WITNESSETH
WHEREAS, the
Company, the Guarantors listed therein (the “
Guarantors ”) and the Trustee have heretofore executed
and delivered the Indenture, dated as of May 15, 2007 (the
“ Indenture ”), providing for the issuance of
10 1
/
2 % Senior Secured Notes due 2012
of the Company (the “ Notes ”);
WHEREAS, Section 9.01(4) of the
Indenture provides, among other things, that from time to time the
Company, the Guarantors and the Trustee without the consent of the
Holders, may amend, modify or supplement the Indenture to make any
change that would provide any additional rights or benefits to the
Holders or that does not adversely affect the legal rights of any
such Holder under the Indenture, the Notes, the Guarantees or the
Collateral Agreements;
WHEREAS, the amendments contained
herein (i) provide additional benefits to the Holders and
(ii) do not adversely affect the legal rights of any such
Holder under this Indenture;
WHEREAS, all things necessary to
make this Supplemental Indenture a valid and legally binding
agreement of each of the Company and the Guarantors have been
done;
NOW THEREFORE, in
consider
