Common use of Peer Companies and Custom Index Clause in Contracts

Peer Companies and Custom Index. The “Peer Companies” to be reflected in the Custom Index shall consist of the constituents of the Oil & Gas Exploration & Production GIC Sub-Industry Group in the S&P SmallCap 600 Index and the S&P MidCap 400 Index, excluding the Company. The Custom Index will be equally weighted, and will be adjusted to include the dividend payments of the constituents of the Custom Index. The Custom Index will be rebalanced on a quarterly basis, and will also be rebalanced whenever there are additions and deletions to the S&P SmallCap 600 and the S&P MidCap 400 indices. The Custom Index is the exclusive property of S&P. The Company has contracted with S&P to maintain and calculate the Custom Index. S&P shall have no liability for any errors or omissions in calculating the Custom Index.

Peer Companies and Custom Index. The “Peer Companies” to be reflected in the Custom Index shall consist of the constituents of the Oil & Gas Exploration & Production GIC Sub-Industry Group in the S&P SmallCap 600 Index and the S&P MidCap 400 Index, excluding the Company. The Custom Index will be equally equal weighted, and will be adjusted to include the dividend payments of the constituents of the Custom Index. The Custom Index will be rebalanced on a quarterly basis, and will also be rebalanced whenever there are additions and deletions to the S&P SmallCap 600 and the S&P MidCap 400 indices. The Custom Index is the exclusive property of S&P. The Company has contracted with S&P to maintain and calculate the Custom Index. S&P shall have no liability for any errors or omissions in calculating the Custom Index.