Common use of Methods of Voting Clause in Contracts

Methods of Voting. Cimarex stockholders, whether holding shares directly as stockholders of record or beneficially in “street name,” may vote by providing their proxies via the Internet by going to the web address provided on the enclosed proxy card and following the instructions for Internet voting, by phone using the toll-free phone number listed on the enclosed proxy card, or by completing, signing, dating and returning the enclosed proxy card in the postage-paid envelope provided. Cimarex stockholders of record may vote their shares via the Cimarex special meeting website at the Cimarex special meeting or by submitting their proxies: • by phone until 11:59 p.m. Eastern Daylight Time on September 28, 2021; • by the Internet until 11:59 p.m. Eastern Daylight Time on September 28, 2021; or • by completing, signing and returning your proxy or voting instruction card via mail. If you vote by mail, your proxy card must be received by September 28, 2021. Cimarex stockholders who hold their shares in “street name” by a broker, bank or other nominee should refer to the proxy card, voting instruction form or other information forwarded by their broker, bank or other nominee for instructions on how to vote their shares. Voting via the Cimarex Special Meeting Website Shxxxx xeld directly in your name as stockholder of record may be voted at the Cimarex special meeting via the Cimarex special meeting website. If you choose to virtually attend the Cimarex special meeting website and vote your shares at the meeting via the Cimarex special meeting website, you will need the 16-digit control number included on your proxy card. If you are a beneficial holder, you will need to obtain a specific control number from your broker, bank or other nominee holder of record giving you the right to vote the shares. Even if you plan to virtually attend the Cimarex special meeting, the Cimarex board recommends that you vote your shares in advance as described below so that your vote will be counted if you later decide not to attend the Cimarex special meeting.

Methods of Voting. Cimarex Diamondback stockholders, whether holding shares directly as stockholders of record or beneficially in “street name,” may vote by providing their proxies via on the Internet by going to the web address provided on the enclosed proxy card and following the instructions for Internet voting, by phone using the toll-free phone number listed on the enclosed proxy card, or by completing, signing, dating and returning the enclosed proxy card in the postage-paid envelope provided. Cimarex Diamondback stockholders of record may vote their shares via the Cimarex special meeting website in person by ballot at the Cimarex Diamondback special meeting or by submitting their proxies: • by phone until 11:59 p.m. Eastern Daylight Central Time on September 28November 26, 20212018; • by the Internet until 11:59 p.m. Eastern Daylight Central Time on September 28November 26, 20212018; or • by completing, signing and returning your proxy or voting instruction card via mail. If you vote by mail, your proxy card must be received by September 2811:59 p.m. Central Time on November 26, 20212018. Cimarex Diamondback stockholders who hold their shares in “street name” by a broker, bank or other nominee should refer to the proxy card, voting instruction form or other information forwarded by their broker, bank or other nominee for instructions on how to vote their shares. Voting via the Cimarex Special Meeting Website Shxxxx xeld in Person Xxxxxx held directly in your name as stockholder of record may be voted in person at the Cimarex Diamondback special meeting via the Cimarex special meeting websitemeeting. If you choose to virtually attend the Cimarex special meeting website and vote your shares in person at the meeting via the Cimarex Diamondback special meeting websitemeeting, you will need the 16-digit control number included on bring your enclosed proxy card. If you are a beneficial holder, you will need to obtain a specific control number from your broker, bank or other nominee holder card and proof of record giving you the right to vote the sharesidentification. Even if you plan to virtually attend the Cimarex Diamondback special meeting, the Cimarex Diamondback board recommends that you vote your shares in advance as described below so that your vote will be counted if you later decide not to attend the Cimarex Diamondback special meeting. If you are a beneficial holder, you will receive separate voting instructions from your broker, bank or other nominee explaining how to vote your shares. Please note that if your shares are held in “street name” by a broker, bank or other nominee and you wish to vote at the Diamondback special meeting, you will not be permitted to vote in person unless you first obtain a legal proxy issued in your name from the record owner. You are encouraged to request a legal proxy from your broker, bank or other nominee promptly as the process can be lengthy.

Methods of Voting. Cimarex Concho stockholders, whether holding shares directly as stockholders of record or beneficially in “street name,” may vote by providing their proxies via on the Internet by going to the web address provided on the enclosed proxy card and following the instructions for Internet voting, by phone using the toll-free phone number listed on the enclosed proxy card, or by completing, signing, dating and returning the enclosed proxy card in the postage-paid envelope provided. Cimarex Concho stockholders of record may vote their shares via the Cimarex special meeting website in person by ballot at the Cimarex Concho special meeting or by submitting their proxies: • by phone until 11:59 p.m. Eastern Daylight Time on September 28July 16, 20212018; • by the Internet until 11:59 p.m. Eastern Daylight Time on September 28July 16, 20212018; or • by completing, signing and returning your proxy or voting instruction card via mail. If you vote by mail, your proxy card must be received by September 2811:59 p.m. Eastern Time on July 16, 20212018. Cimarex Concho stockholders who hold their shares in “street name” by a broker, bank or other nominee should refer to the proxy card, voting instruction form or other information forwarded by their broker, bank or other nominee for instructions on how to vote their shares. Voting via the Cimarex Special Meeting Website Shxxxx xeld in Person Xxxxxx held directly in your name as stockholder of record may be voted in person at the Cimarex Concho special meeting via the Cimarex special meeting websitemeeting. If you choose to virtually attend the Cimarex special meeting website and vote your shares in person at the meeting via the Cimarex Concho special meeting websitemeeting, you will need the 16-digit control number included on bring your enclosed proxy card. If you are a beneficial holder, you will need to obtain a specific control number from your broker, bank or other nominee holder card and proof of record giving you the right to vote the sharesidentification. Even if you plan to virtually attend the Cimarex Concho special meeting, the Cimarex Concho board recommends that you vote your shares in advance as described below so that your vote will be counted if you later decide not to attend the Cimarex Concho special meeting. If you are a beneficial holder, you will receive separate voting instructions from your broker, bank or other nominee explaining how to vote your shares. Please note that if your shares are held in “street name” by a broker, bank or other nominee and you wish to vote at the Concho special meeting, you will not be permitted to vote in person unless you first obtain a legal proxy issued in your name from the record owner. You are encouraged to request a legal proxy from your broker, bank or other nominee promptly as the process can be lengthy.

Methods of Voting. Cimarex RSP stockholders, whether holding shares directly as stockholders of record or beneficially in “street name,” may vote by providing their proxies via on the Internet by going to the web address provided on the enclosed proxy card and following the instructions for Internet voting, by phone using the toll-free phone number listed on the enclosed proxy card, or by completing, signing, dating and returning the enclosed proxy card in the postage-paid envelope provided. Cimarex RSP stockholders of record may vote their shares via the Cimarex special meeting website in person by ballot at the Cimarex RSP special meeting or by submitting their proxies: • by phone until 11:59 p.m. Eastern Daylight Time on September 28July 16, 20212018; • by the Internet until 11:59 p.m. Eastern Daylight Time on September 28July 16, 20212018; or • by completing, signing and returning your proxy or voting instruction card via mail. If you vote by mail, your proxy card must be received by September 2811:59 p.m. Eastern Time on July 16, 20212018. Cimarex RSP stockholders who hold their shares in “street name” by a broker, bank or other nominee should refer to the proxy card, voting instruction form or other information forwarded by their broker, bank or other nominee for instructions on how to vote their shares. Voting via the Cimarex Special Meeting Website Shxxxx xeld in Person Shares held directly in your name as stockholder of record may be voted in person at the Cimarex RSP special meeting via the Cimarex special meeting websitemeeting. If you choose to virtually attend the Cimarex special meeting website and vote your shares in person at the meeting via the Cimarex RSP special meeting websitemeeting, you will need the 16-digit control number included on bring your enclosed proxy card. If you are a beneficial holder, you will need to obtain a specific control number from your broker, bank or other nominee holder card and proof of record giving you the right to vote the sharesidentification. Even if you plan to virtually attend the Cimarex RSP special meeting, the Cimarex RSP board recommends that you vote your shares in advance as described below so that your vote will be counted if you later decide not to attend the Cimarex RSP special meeting. If you are a beneficial holder, you will receive separate voting instructions from your broker, bank or other nominee explaining how to vote your shares. Please note that if your shares are held in “street name” by a broker, bank or other nominee and you wish to vote at the RSP special meeting, you will not be permitted to vote in person unless you first obtain a legal proxy issued in your name from the record owner. You are encouraged to request a legal proxy from your broker, bank or other nominee promptly as the process can be lengthy.