Common use of TRANSACTION NOTICE Clause in Contracts

TRANSACTION NOTICE. Ladies and Gentlemen: The purpose of this Transaction Notice is to propose certain terms of the Agency Transaction entered into with BMOCM under, and pursuant to, that certain Equity Distribution Agreement between the Partnership and BMOCM, dated May 10, 2013 (the “Agreement”). Please indicate your acceptance of the proposed terms below by acknowledgment included in a return electronic mail message. Upon acceptance, the particular Agency Transaction to which this Transaction Notice relates shall supplement, form a part of, and be subject to, the Agreement. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Agreement. The terms of the particular Agency Transaction to which this Transaction Notice relates are as follows: Trading Day(s) on which Units may be Sold: [ ], 20[ ], [ ], 20[ ] . . . [ ], 20[ ] Maximum Number of Units to be Sold in the Aggregate: [ ] Maximum Number of Units to be Sold on each Trading Day: [ ] Floor Price: USD[ . ] Compensation to BMOCM: [ ]% of the gross offering proceeds Very truly yours, CROSSTEX ENERGY, L.P. By: Crosstex Energy GP, LLC, its General Partner By: Name: Title: BMO Capital Markets Corp. 0 Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Ladies and Gentlemen: Crosstex Energy, L.P., a Delaware limited partnership (the “Partnership”), proposes, subject to the terms and conditions stated herein, in Schedule hereto and in the Equity Distribution Agreement, dated May 10, 2013 (the “Equity Distribution Agreement”), between the Partnership and BMO Capital Markets Corp. (“BMOCM”), to issue and sell to BMOCM [ ] common units representing limited partner interests in the Partnership (the “Purchased Common Units”)[, and, solely for the purpose of covering over-allotments, to grant to BMOCM the option to purchase an additional [ ] common units representing limited partner interests in the Partnership (the “Additional Common Units”)]. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Agreement. [BMOCM shall have the right to purchase from the Partnership all or a portion of the Additional Common Units as may be necessary to cover over-allotments made in connection with the offering of the Purchased Common Units at the same purchase price per share to be paid by BMOCM to the Partnership for the Purchased Common Units. This option may be exercised by BMOCM at any time (but not more than once) on or before the thirtieth day following the date of this Terms Agreement, by written notice to the Partnership. Such notice shall set forth the aggregate number of Additional Common Units as to which the option is being exercised, and the date and time when the Additional Common Units are to be delivered (such date, the “Option Settlement Date”); provided, however, that the Option Settlement Date shall not be earlier than the Settlement Date (as set forth in the Schedule hereto) nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Payment of the purchase price for the Additional Common Units shall be made at the Option Settlement Date in the same manner and at the same office as the payment for the Purchased Common Units.] Each of the provisions of the Equity Distribution Agreement not specifically related to the solicitation by BMOCM, as agent of the Partnership, of offers to purchase Units in Agency Transactions is incorporated herein by reference in its entirety, and shall be deemed to be part of this Terms Agreement to the same extent as if such provisions had been set forth in full herein. An amendment to the Registration Statement, or a supplement to the Prospectus, as the case may be, relating to the Purchased Common Units [and the Additional Common Units], in the form heretofore delivered to BMOCM is now proposed to be filed with the Securities and Exchange Commission. Subject to the terms and conditions set forth herein and in the Schedule hereto and subject the terms and conditions of the Equity Distribution Agreement incorporated herein as provided in the second immediately preceding paragraph, the Partnership agrees to issue and sell to BMOCM, and BMOCM agrees to purchase from the Partnership, the Purchased Common Units at the time and place and at the purchase price set forth in Schedule 1 hereto. If the foregoing is in accordance with your understanding, please sign and return to us a counterpart hereof, whereupon this Terms Agreement, including those provisions of the Equity Distribution Agreement incorporated herein by reference, shall constitute a binding agreement between BMOCM and the Partnership. CROSSTEX ENERGY, L.P. By: Crosstex Energy GP, LLC, its General Partner By: Name: Title: Accepted and agreed as of the date first above written: BMO CAPITAL MARKETS CORP. By: Name: Title: [Price to Public: USD[ . ] per unit] Purchase Price by BMOCM: USD[ . ] per unit Method of and Specified Funds for Payment of Purchase Price: [By wire transfer to a bank account specified by the Partnership in same day funds.] Method of Delivery: [To BMOCM’s account, or the account of BMOCM’s designee, at The Depository Trust Company via DWAC in return for payment of the purchase price.] Settlement Date: [ ], 20[ ] Closing Location: [ ] Documents to be Delivered: The following documents referred to in the Equity Distribution Agreement shall be delivered as a condition to the closing (which documents shall be dated on or as of the date of the Terms Agreement to which this Scheduled is annexed): · the officer’s certificate referred to in Section 4(d); · the legal opinions referred to in Section 4(e) and (f); · the “comfort letter” referred to in Section 4(g); and · such other documents as BMOCM shall reasonably request. [Indemnity: [ ]] [Lockup: In addition to, and without limiting the generality of, the covenant set forth in Section 3(m) of the Equity Distribution Agreement, [ ].]

TRANSACTION NOTICE. Ladies and Gentlemen: The purpose of this Transaction Notice is to propose certain terms of the Agency Transaction entered into with BMOCM under, and pursuant to, that certain Equity Distribution Agreement between the Partnership and BMOCM, dated May 10[ ], 2013 20[ ] (the “Agreement”). Please indicate your acceptance of the proposed terms below by acknowledgment included in a return electronic mail messagebelow. Upon acceptance, the particular Agency Transaction to which this Transaction Notice relates shall supplement, form a part of, and be subject to, the Agreement. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Agreement. The terms of the particular Agency Transaction to which this Transaction Notice relates are as follows: Trading Day(s) on which Common Units may be Sold: [ ], 20[ ], [ ], 20[ ] . . . [ ], 20[ ] Maximum Number of Common Units to be Sold in the Aggregate: [ ] Maximum Number of Common Units to be Sold on each Trading Day: [ ] Floor Price: USD[ . ] Compensation to BMOCM: [ ]% of the gross offering proceeds Very truly yours, CROSSTEX ENERGY, L.P. By: Crosstex New Source Energy GP, LLC, LLC its General Partner By: Name: Title: By: Name: Title: Accepted and agreed as of the date first above written: BMO CAPITAL MARKETS CORP. By: Name: Title: BMO Capital Markets Corp. 0 Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Ladies and Gentlemen: Crosstex Energy, New Source Energy Partners L.P., a Delaware limited partnership (the “Partnership”), proposes, subject to the terms and conditions stated herein, in Schedule hereto and in the Equity Distribution Agreement, dated May 10October [ ], 2013 2014 (the “Equity Distribution Agreement”), between the Partnership and BMO Capital Markets Corp. (“BMOCM”), to issue and sell to BMOCM [ ] common units representing limited partner interests in the Partnership (the “Purchased Common Units”)[, and, solely for the purpose of covering over-allotments, to grant to BMOCM the option to purchase an additional [ ] Units of such common units representing limited partner interests in the Partnership stock (the “Additional Common Units”)]. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Agreement. [BMOCM shall have the right to purchase from the Partnership all or a portion of the Additional Common Units as may be necessary to cover over-allotments made in connection with the offering of the Purchased Common Units at the same purchase price per share to be paid by BMOCM to the Partnership for the Purchased Common Units. This option may be exercised by BMOCM at any time (but not more than once) on or before the thirtieth day following the date of this Terms Agreement, by written notice to the Partnership. Such notice shall set forth the aggregate number of Additional Common Units as to which the option is being exercised, and the date and time when the Additional Common Units are to be delivered (such date, the “Option Settlement Date”); provided, however, that the Option Settlement Date shall not be earlier than the Settlement Date (as set forth in the Schedule hereto) nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Payment of the purchase price for the Additional Common Units shall be made at the Option Settlement Date in the same manner and at the same office as the payment for the Purchased Common Units.] Each of the provisions of the Equity Distribution Agreement not specifically related to the solicitation by BMOCM, as agent of the Partnership, of offers to purchase Common Units in Agency Transactions is incorporated herein by reference in its entirety, and shall be deemed to be part of this Terms Agreement to the same extent as if such provisions had been set forth in full herein. An amendment to the Registration Statement, or a supplement to the Prospectus, as the case may be, relating to the Purchased Common Units [and the Additional Common Units], in the form heretofore delivered to BMOCM is now proposed to be filed with the Securities and Exchange Commission. Subject to the terms and conditions set forth herein and in the Schedule hereto and subject the terms and conditions of the Equity Distribution Agreement incorporated herein as provided in the second immediately preceding paragraph, the Partnership agrees to issue and sell to BMOCM, and BMOCM agrees to purchase from the Partnership, the Purchased Common Units at the time and place and at the purchase price set forth in Schedule 1 hereto. If the foregoing is in accordance with your understanding, please sign and return to us a counterpart hereof, whereupon this Terms Agreement, including those provisions of the Equity Distribution Agreement incorporated herein by reference, shall constitute a binding agreement between BMOCM and the Partnership. CROSSTEX ENERGY, L.P. By: Crosstex New Source Energy GP, LLC, LLC its General Partner By: Name: Title: By: Name: Title: Accepted and agreed as of the date first above written: BMO CAPITAL MARKETS CORP. By: Name: Title: [Price to Public: USD[ . ] per unit] Purchase Price by BMOCM: USD[ . ] per unit Method of and Specified Funds for Payment of Purchase Price: [By wire transfer to a bank account specified by the Partnership in same day funds.] Method of Delivery: [To BMOCM’s account, or the account of BMOCM’s designee, at The Depository Trust Company Partnership via DWAC in return for payment of the purchase price.] Settlement Date: [ ], 20[ ] Closing Location: [ ] Documents to be Delivered: The following documents referred to in the Equity Distribution Agreement shall be delivered as a condition to the closing (which documents shall be dated on or as of the date of the Terms Agreement to which this Scheduled is annexed): · • the officer’s certificate referred to in Section 4(d4(c); · • the legal opinions referred to in Section 4(e4(d) and (fe); · • the “comfort letter” referred to in Section 4(f); • the reserve engineer letter referred to in Section 4(g); and · • such other documents as BMOCM shall reasonably request. [Indemnity: [ ]] [Lockup: In addition to, and without limiting the generality of, the covenant set forth in Section 3(m3(p) of the Equity Distribution Agreement, [ ].]

TRANSACTION NOTICE. Ladies and Gentlemen: The purpose of this Transaction Notice is to propose certain terms of the Agency Transaction entered into with BMOCM a Manager under, and pursuant to, that certain Equity Distribution Agreement between the Partnership Company and BMOCMthe Managers, dated May 10March 18, 2013 2015 (the “Agreement”). Please indicate your acceptance of the proposed terms below by acknowledgment included in a return electronic mail messagebelow. Upon acceptance, the particular Agency Transaction to which this Transaction Notice relates shall supplement, form a part of, and be subject to, the Agreement. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Agreement. The terms of the particular Agency Transaction to which this Transaction Notice relates are as follows: Trading Day(s) on which Units Shares may be Sold: [ ], 20[ ], [ ], 20[ ] . . . [ ], 20[ ] Maximum Number of Units Shares to be Sold in the Aggregate: [ ] Maximum Number of Units Shares to be Sold on each Trading Day: [ ] Floor Price: USD[ . ] Compensation to BMOCM: [ ]% of the gross offering proceeds Very truly yours, CROSSTEX ENERGY, L.P. By: Crosstex Energy GP, LLC, its General Partner By: Name: Title: BMO Capital Markets Corp. 0 Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Accepted and agreed as of the date first above written: [·] By: Name: Title: [·] Ladies and Gentlemen: Crosstex Energy, L.P.Halcón Resources Corporation, a Delaware limited partnership corporation (the “PartnershipCompany”), proposes, subject to the terms and conditions stated herein, in Schedule hereto and in the Equity Distribution Agreement, dated May 10March 18, 2013 2015 (the “Equity Distribution Agreement”), between the Partnership Company and BMO Capital Markets Corp. Corp., Xxxxxxxxx LLC and MLV & Co. LLC (“BMOCMthe Managers” and each a “Manager”), to issue and sell to BMOCM the undersigned Manager [ ] shares of the Company’s common units representing limited partner interests in the Partnership stock, par value $[ . ] per share (the “Purchased Common UnitsShares”)[, and, solely for the purpose of covering over-allotments, to grant to BMOCM the Manager the option to purchase an additional [ ] shares of such common units representing limited partner interests in the Partnership stock (the “Additional Common UnitsShares”)]. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Agreement. [BMOCM The Manager shall have the right to purchase from the Partnership Company all or a portion of the Additional Common Units Shares as may be necessary to cover over-allotments made in connection with the offering of the Purchased Common Units Shares at the same purchase price per share to be paid by BMOCM the Manager to the Partnership Company for the Purchased Common UnitsShares. This option may be exercised by BMOCM the Manager at any time (but not more than once) on or before the thirtieth day following the date of this Terms Agreement, by written notice to the PartnershipCompany. Such notice shall set forth the aggregate number of Additional Common Units Shares as to which the option is being exercised, and the date and time when the Additional Common Units Shares are to be delivered (such date, the “Option Settlement Date”); provided, however, that the Option Settlement Date shall not be earlier than the Settlement Date (as set forth in the Schedule hereto) nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Payment of the purchase price for the Additional Common Units Shares shall be made at the Option Settlement Date in the same manner and at the same office as the payment for the Purchased Common UnitsShares.] Each of the provisions of the Equity Distribution Agreement not specifically related to the solicitation by BMOCMthe Manager, as agent agents of the PartnershipCompany, of offers to purchase Units Shares in Agency Transactions is incorporated herein by reference in its entirety, and shall be deemed to be part of this Terms Agreement to the same extent as if such provisions had been set forth in full herein. An amendment to the Registration Statement, or a supplement to the Prospectus, as the case may be, relating to the Purchased Common Units Shares [and the Additional Common UnitsShares], in the form heretofore delivered to BMOCM the Manager is now proposed to be filed with the Securities and Exchange Commission. Subject to the terms and conditions set forth herein and in the Schedule hereto and subject the terms and conditions of the Equity Distribution Agreement incorporated herein as provided in the second immediately preceding paragraph, the Partnership Company agrees to issue and sell to BMOCMthe Manager, and BMOCM the Manager agrees to purchase from the PartnershipCompany, the Purchased Common Units Shares at the time and place and at the purchase price set forth in Schedule 1 hereto. If the foregoing is in accordance with your understanding, please sign and return to us a counterpart hereof, whereupon this Terms Agreement, including those provisions of the Equity Distribution Agreement incorporated herein by reference, shall constitute a binding agreement between BMOCM the Managers and the PartnershipCompany. CROSSTEX ENERGY, L.P. By: Crosstex Energy GP, LLC, its General Partner By: Name: Title: Accepted and agreed as of the date first above written: BMO CAPITAL MARKETS CORP. [·] By: Name: Title: [Price to Public: USD[ . ] per unitshare] Purchase Price by BMOCMthe Managers: USD[ . ] per unit share Method of and Specified Funds for Payment of Purchase Price: [By wire transfer to a bank account specified by the Partnership Company in same day funds.] Method of Delivery: [To BMOCM’s account, or the account of BMOCM’s designee, at The Depository Trust Company via DWAC in return for payment of the purchase price.] Settlement Date: [ ], 20[ ] Closing Location: [ ] Documents to be Delivered: The following documents referred to in the Equity Distribution Agreement shall be delivered as a condition to the closing (which documents shall be dated on or as of the date of the Terms Agreement to which this Scheduled is annexed): · the officer’s certificate referred to in Section 4(d); · the legal opinions referred to in Section 4(e) and (f); · the “comfort letter” referred to in Section 4(g); and · such other documents as BMOCM shall reasonably request. [Indemnity: [ ]] [Lockup: In addition to, and without limiting the generality of, the covenant set forth in Section 3(m) of the Equity Distribution Agreement, [ ].]

TRANSACTION NOTICE. Ladies and Gentlemen: The purpose of this Transaction Notice is to propose certain terms of the Agency Transaction entered into with BMOCM [Insert Applicable Manager] under, and pursuant to, that certain Equity Distribution Agreement between the Partnership Transaction Parties, the Managers and BMOCMForward Purchasers party thereto, dated May 10August 23, 2013 2021 (the “Agreement”). Please indicate your acceptance of the proposed terms below by acknowledgment included in a return electronic mail messagebelow. Upon acceptance, the particular Agency Transaction to which this Transaction Notice relates shall supplement, form a part of, and be subject to, the Agreement. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Agreement. The terms of the particular Agency Transaction to which this Transaction Notice relates are as follows: Trading Day(s) on which Units Shares may be Sold: [ [●], 20[ [●], [ [●], 20[ [●] . . . [ [●], 20[ [●] Maximum Number of Units Shares to be Sold in the Aggregate: [ [●] Maximum Number of Units Shares to be Sold on each Trading Day: [ [●] Floor Price: USD[ . [●] Compensation to BMOCM: [ ]% of the gross offering proceeds Very truly yours, CROSSTEX ENERGY, L.P. By: Crosstex Energy GP, LLC, its General Partner By: Name: Title: BMO Capital Markets Corp. 0 Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Accepted and agreed as of the date first above written: [INSERT APPLICABLE MANAGER] By: Name: Title: [Insert Applicable Manager] Ladies and Gentlemen: Crosstex EnergyBroadstone Net Lease, L.P.Inc., a Delaware limited partnership Maryland corporation (the “PartnershipCompany”), proposes, subject to the terms and conditions stated herein, in the Schedule hereto and in the Equity Distribution Agreement, dated May 10August 23, 2013 2021 (the “Equity Distribution Agreement”), between by and among the Partnership Company, the Managers and BMO Capital Markets Corp. (“BMOCM”)the Forward Purchasers, to issue and sell to BMOCM [ [Insert Applicable Manager] (the “UW Manager”) [●] shares of the Company’s common units representing limited partner interests in the Partnership stock, par value $0.00025 per share (the “Purchased Common UnitsShares”)[, and, solely for the purpose of covering over-allotments, to grant to BMOCM the UW Manager the option to purchase an additional [ [●] shares of such common units representing limited partner interests in the Partnership stock (the “Additional Common UnitsShares”)]. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Agreement. [BMOCM The UW Manager shall have the right to purchase from the Partnership Company all or a portion of the Additional Common Units Shares as may be necessary to cover over-allotments made in connection with the offering of the Purchased Common Units Shares at the same purchase price per share to be paid by BMOCM the UW Manager to the Partnership Company for the Purchased Common UnitsShares. This option may be exercised by BMOCM the UW Manager at any time (but not more than once) on or before the thirtieth day following the date of this Terms Agreement, by written notice to the PartnershipCompany. Such notice shall set forth the aggregate number of Additional Common Units Shares as to which the option is being exercised, and the date and time when the Additional Common Units Shares are to be delivered (such date, the “Option Settlement Date”); provided, however, that the Option Settlement Date shall not be earlier than the Settlement Date (as set forth in the Schedule hereto) nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Payment of the purchase price for the Additional Common Units Shares shall be made at the Option Settlement Date in the same manner and at the same office as the payment for the Purchased Common UnitsShares.] Each of the provisions of the Equity Distribution Agreement not specifically related to the solicitation by BMOCMthe UW Manager, as agent of the PartnershipCompany, of offers to purchase Units Shares in Agency Transactions is incorporated herein by reference in its entirety, and shall be deemed to be part of this Terms Agreement to the same extent as if such provisions had been set forth in full herein. An amendment to the Registration Statement, or a supplement to the Prospectus, as the case may be, relating to the Purchased Common Units Shares [and the Additional Common UnitsShares], in the form heretofore delivered to BMOCM the UW Manager is now proposed to be filed with the Securities and Exchange Commission. Subject to the terms and conditions set forth herein and in the Schedule hereto and subject the terms and conditions of the Equity Distribution Agreement incorporated herein as provided in the second immediately preceding paragraph, the Partnership Company agrees to issue and sell to BMOCMthe UW Manager, and BMOCM the UW Manager agrees to purchase from the PartnershipCompany, the Purchased Common Units Shares at the time and place and at the purchase price set forth in the Schedule 1 hereto. If the foregoing is in accordance with your understanding, please sign and return to us a counterpart hereof, whereupon this Terms Agreement, including those provisions of the Equity Distribution Agreement incorporated herein by reference, shall constitute a binding agreement between BMOCM the UW Manager and the PartnershipCompany. CROSSTEX ENERGYVery truly yours, L.P. By: Crosstex Energy GP, LLC, its General Partner By: Name: Title: Accepted and agreed as of the date first above written: BMO CAPITAL MARKETS CORP. [INSERT UW MANAGER] By: Name: Title: [Price to Public: USD[ . [●] per unitshare] Purchase Price by BMOCM[Insert Manager]: USD[ . [●] per unit share Method of and Specified Funds for Payment of Purchase Price: [By wire transfer to a bank account specified by the Partnership Company in same day funds.] Method of Delivery: [To BMOCM’s account, or the account of BMOCM’s designee, at The Depository Trust Company via DWAC in return for payment of the purchase price.] Settlement Date: [ ], 20[ ] Closing Location: [ ] Documents to be Delivered: The following documents referred to in the Equity Distribution Agreement shall be delivered as a condition to the closing (which documents shall be dated on or as of the date of the Terms Agreement to which this Scheduled is annexed): · the officer’s certificate referred to in Section 4(d); · the legal opinions referred to in Section 4(e) and (f); · the “comfort letter” referred to in Section 4(g); and · such other documents as BMOCM shall reasonably request. [Indemnity: [ ]] [Lockup: In addition to, and without limiting the generality of, the covenant set forth in Section 3(m) of the Equity Distribution Agreement, [ ].]

TRANSACTION NOTICE. Ladies and Gentlemen: The purpose of this Transaction Notice is to propose certain terms of the Agency Transaction entered into with BMOCM [BANK] under, and pursuant to, that certain Equity Distribution Agreement between among the Partnership Company and BMOCMthe sales agents party thereto, dated May 10February 18, 2013 2021 (the “Agreement”). Please indicate your acceptance of the proposed terms below by acknowledgment included in a return electronic mail messagebelow. Upon acceptance, the particular Agency Transaction to which this Transaction Notice relates shall supplement, form a part of, and be subject to, the Agreement. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Agreement. The terms of the particular Agency Transaction to which this Transaction Notice relates are as follows: Trading Day(s) on which Units Shares may be Sold: [ ], 20[ ], [ ], 20[ ] . . . ... [ ], 20[ ] Maximum Number of Units Shares to be Sold in the Aggregate: [ ] Maximum Number of Units Shares to be Sold on each Trading Day: [ ] Floor Price: USD[ . ] Compensation to BMOCM: [ ]% of the gross offering proceeds Very truly yours, CROSSTEX ENERGY, L.P. By: Crosstex Energy GP, LLC, its General Partner By: Name: Title: BMO Capital Markets Corp. 0 Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Accepted and agreed as of the date first above written: [BANK] By: Name: Title: [•] [•] [•] Ladies and Gentlemen: Crosstex Energy, L.P.Hecla Mining Company, a Delaware limited partnership corporation (the “PartnershipCompany”), proposes, subject to the terms and conditions stated herein, in the Schedule hereto and in the Equity Distribution Agreement, dated May 10February 18, 2013 (the 2021(the “Equity Distribution Agreement”), between among the Partnership Company and BMO Capital Markets Corp. (“BMOCM”)the sales agents party thereto, to issue and sell to BMOCM [ [BANK] [•] shares of the Company’s common units representing limited partner interests in the Partnership stock, par value $0.25 per share (the “Purchased Common UnitsShares”)[, and, solely for the purpose of covering over-allotments, to grant to BMOCM [BANK] the option to purchase an additional [ [•] shares of such common units representing limited partner interests in the Partnership stock (the “Additional Common UnitsShares”)]. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Agreement. [BMOCM [BANK] shall have the right to purchase from the Partnership Company all or a portion of the Additional Common Units Shares as may be necessary to cover over-allotments made in connection with the offering of the Purchased Common Units Shares at the same purchase price per share to be paid by BMOCM [BANK] to the Partnership Company for the Purchased Common UnitsShares. This option may be exercised by BMOCM [BANK] at any time (but not more than once) on or before the thirtieth day following the date of this Terms Agreement, by written notice to the PartnershipCompany. Such notice shall set forth the aggregate number of Additional Common Units Shares as to which the option is being exercised, and the date and time when the Additional Common Units Shares are to be delivered (such date, the “Option Settlement Date”); provided, however, that the Option Settlement Date shall not be earlier than the Settlement Date (as set forth in the Schedule hereto) nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Payment of the purchase price for the Additional Common Units Shares shall be made at the Option Settlement Date in the same manner and at the same office as the payment for the Purchased Common UnitsShares.] Each of the provisions of the Equity Distribution Agreement not specifically related to the solicitation by BMOCM[BANK], as agent of the PartnershipCompany, of offers to purchase Units Shares in Agency Transactions is incorporated herein by reference in its entirety, and shall be deemed to be part of this Terms Agreement to the same extent as if such provisions had been set forth in full herein. An amendment to the Registration Statement, or a supplement to the Prospectus, as the case may be, relating to the Purchased Common Units Shares [and the Additional Common UnitsShares], in the form heretofore delivered to BMOCM [BANK], is now proposed to be filed with the Securities and Exchange Commission. Subject to the terms and conditions set forth herein and in the Schedule hereto and subject the terms and conditions of the Equity Distribution Agreement incorporated herein as provided in the second immediately preceding paragraph, the Partnership Company agrees to issue and sell to BMOCM[BANK], and BMOCM [BANK] agrees to purchase from the PartnershipCompany, the Purchased Common Units Shares at the time and place and at the purchase price set forth in the Schedule 1 hereto. If the foregoing is in accordance with your understanding, please sign and return to us a counterpart hereof, whereupon this Terms Agreement, including those provisions of the Equity Distribution Agreement incorporated herein by reference, shall constitute a binding agreement between BMOCM [BANK] and the PartnershipCompany. CROSSTEX ENERGY, L.P. By: Crosstex Energy GP, LLC, its General Partner HECLA MINING COMPANY By: Name: Title: Accepted and agreed as of the date first above written: BMO CAPITAL MARKETS CORP. [BANK] By: Name: Title: [Price to Public: USD[ . ] per unitshare] Purchase Price by BMOCM[BANK]: USD[ . ] per unit share Method of and Specified Funds for Payment of Purchase Price: [By wire transfer to a bank account specified by the Partnership Company in same day funds.] Method of Delivery: [To BMOCM’s account, or the account of BMOCM’s designee, at The Depository Trust Company via DWAC in return for payment of the purchase price.] Settlement Date: [ ], 20[ ] Closing Location: [ ] Documents to be Delivered: The following documents referred to in the Equity Distribution Agreement shall be delivered as a condition to the closing (which documents shall be dated on or as of the date of the Terms Agreement to which this Scheduled is annexed): · the officer’s certificate referred to in Section 4(d); · the legal opinions referred to in Section 4(e) and (f); · the “comfort letter” referred to in Section 4(g); and · such other documents as BMOCM shall reasonably request. [Indemnity: [ ]] [Lockup: In addition to, and without limiting the generality of, the covenant set forth in Section 3(m) of the Equity Distribution Agreement, [ ].]

TRANSACTION NOTICE. Ladies and Gentlemen: The purpose of this Transaction Notice is to propose certain terms of the Agency Transaction entered into with BMOCM under, and pursuant to, that certain Equity Distribution Agreement between the Partnership and BMOCM, dated May 10March 1, 2013 (the “Agreement”). Please indicate your acceptance of the proposed terms below by acknowledgment included in a return electronic mail messagebelow. Upon acceptance, the particular Agency Transaction to which this Transaction Notice relates shall supplement, form a part of, and be subject to, the Agreement. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Agreement. The terms of the particular Agency Transaction to which this Transaction Notice relates are as follows: Trading Day(s) on which Units may be Sold: [ ], 20[ ], [ ], 20[ ] . . . [ ], 20[ ] Maximum Number of Units to be Sold in the Aggregate: [ ] Maximum Number of Units to be Sold on each Trading Day: [ ] Floor Price: USD[ . ] Compensation to BMOCM: [ ]% of the gross offering proceeds Very truly yours, CROSSTEX ENERGY, L.P. By: Crosstex Energy GP, LLC, its General Partner By: Name: Title: Accepted and agreed as of the date first above written: BMO CAPITAL MARKETS CORP. By: Name: Title: BMO Capital Markets Corp. 0 Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Ladies and Gentlemen: Crosstex Energy, L.P., a Delaware limited partnership (the “Partnership”), proposes, subject to the terms and conditions stated herein, in Schedule hereto and in the Equity Distribution Agreement, dated May 10March 1, 2013 (the “Equity Distribution Agreement”), between the Partnership and BMO Capital Markets Corp. (“BMOCM”), to issue and sell to BMOCM [ ] common units representing limited partner interests in the Partnership (the “Purchased Common Units”)[, and, solely for the purpose of covering over-allotments, to grant to BMOCM the option to purchase an additional [ ] common units representing limited partner interests in the Partnership (the “Additional Common Units”)]. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Agreement. [BMOCM shall have the right to purchase from the Partnership all or a portion of the Additional Common Units as may be necessary to cover over-allotments made in connection with the offering of the Purchased Common Units at the same purchase price per share to be paid by BMOCM to the Partnership for the Purchased Common Units. This option may be exercised by BMOCM at any time (but not more than once) on or before the thirtieth day following the date of this Terms Agreement, by written notice to the Partnership. Such notice shall set forth the aggregate number of Additional Common Units as to which the option is being exercised, and the date and time when the Additional Common Units are to be delivered (such date, the “Option Settlement Date”); provided, however, that the Option Settlement Date shall not be earlier than the Settlement Date (as set forth in the Schedule hereto) nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Payment of the purchase price for the Additional Common Units shall be made at the Option Settlement Date in the same manner and at the same office as the payment for the Purchased Common Units.] Each of the provisions of the Equity Distribution Agreement not specifically related to the solicitation by BMOCM, as agent of the Partnership, of offers to purchase Units in Agency Transactions is incorporated herein by reference in its entirety, and shall be deemed to be part of this Terms Agreement to the same extent as if such provisions had been set forth in full herein. An amendment to the Registration Statement, or a supplement to the Prospectus, as the case may be, relating to the Purchased Common Units [and the Additional Common Units], in the form heretofore delivered to BMOCM is now proposed to be filed with the Securities and Exchange Commission. Subject to the terms and conditions set forth herein and in the Schedule hereto and subject the terms and conditions of the Equity Distribution Agreement incorporated herein as provided in the second immediately preceding paragraph, the Partnership agrees to issue and sell to BMOCM, and BMOCM agrees to purchase from the Partnership, the Purchased Common Units at the time and place and at the purchase price set forth in Schedule 1 hereto. If the foregoing is in accordance with your understanding, please sign and return to us a counterpart hereof, whereupon this Terms Agreement, including those provisions of the Equity Distribution Agreement incorporated herein by reference, shall constitute a binding agreement between BMOCM and the Partnership. CROSSTEX ENERGY, L.P. By: Crosstex Energy GP, LLC, its General Partner By: Name: Title: Accepted and agreed as of the date first above written: BMO CAPITAL MARKETS CORP. By: Name: Title: [Price to Public: USD[ . ] per unit] Purchase Price by BMOCM: USD[ . ] per unit Method of and Specified Funds for Payment of Purchase Price: [By wire transfer to a bank account specified by the Partnership in same day funds.] Method of Delivery: [To BMOCM’s account, or the account of BMOCM’s designee, at The Depository Trust Company via DWAC in return for payment of the purchase price.] Settlement Date: [ ], 20[ ] Closing Location: [ ] Documents to be Delivered: The following documents referred to in the Equity Distribution Agreement shall be delivered as a condition to the closing (which documents shall be dated on or as of the date of the Terms Agreement to which this Scheduled is annexed): · the officer’s certificate referred to in Section 4(d4(c); · the legal opinions referred to in Section 4(e4(d) and (fe); · the “comfort letter” referred to in Section 4(g); and · such other documents as BMOCM shall reasonably request. [Indemnity: [ ]] [Lockup: In addition to, and without limiting the generality of, the covenant set forth in Section 3(m) of the Equity Distribution Agreement, [ ].]

TRANSACTION NOTICE. Ladies and Gentlemen: The purpose of this Transaction Notice is to propose certain terms of the Agency Transaction entered into with BMOCM under, and pursuant to, that certain Equity Distribution Agreement between the Partnership and BMOCM, dated May 1029, 2013 2014 (the “Agreement”). Please indicate your acceptance of the proposed terms below by acknowledgment included in a return electronic mail message. Upon acceptance, the particular Agency Transaction to which this Transaction Notice relates shall supplement, form a part of, and be subject to, the Agreement. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Agreement. The terms of the particular Agency Transaction to which this Transaction Notice relates are as follows: Trading Day(s) on which Units may be Sold: [ ], 20[ ], ,[ ], 20[ ] . . . [ ], 20[ ] Maximum Number of Units to be Sold in the Aggregate: [ ] ], Maximum Number of Units to be Sold on each Trading Day: [ ] ], Floor Price: USD[ . ] Compensation to BMOCM: [ ]% of the gross offering proceeds Very truly yours, CROSSTEX ENERGY, L.P. By: Crosstex Energy EnLink Midstream GP, LLC, its General Partner By: Name: Title: BMO Capital Markets Corp. 0 Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Ladies and Gentlemen: Crosstex EnergyEnLink Midstream Partners, L.P.LP, a Delaware limited partnership (the “Partnership”), proposes, subject to the terms and conditions stated herein, in the Schedule hereto and in the Equity Distribution Agreement, dated May 1029, 2013 2014 (the “Equity Distribution Agreement”), between the Partnership and BMO Capital Markets Corp. (“BMOCM”), to issue and sell to BMOCM [ ] common units representing limited partner interests in the Partnership (the “Purchased Common Units”)[, and, solely for the purpose of covering over-allotments, to grant to BMOCM the option to purchase an additional [ ] common units representing limited partner interests in the Partnership (the “Additional Common Units”)]. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Agreement. [BMOCM shall have the right to purchase from the Partnership all or a portion of the Additional Common Units as may be necessary to cover over-allotments made in connection with the offering of the Purchased Common Units at the same purchase price per share to be paid by BMOCM to the Partnership for the Purchased Common Units. This option may be exercised by BMOCM at any time (but not more than once) on or before the thirtieth day following the date of this Terms Agreement, by written notice to the Partnership. Such notice shall set forth the aggregate number of Additional Common Units as to which the option is being exercised, and the date and time when the Additional Common Units are to be delivered (such date, the “Option Settlement Date”); provided, however, that the Option Settlement Date shall not be earlier than the Settlement Date (as set forth in the Schedule hereto) nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Payment of the purchase price for the Additional Common Units shall be made at the Option Settlement Date in the same manner and at the same office as the payment for the Purchased Common Units.] Each of the provisions of the Equity Distribution Agreement not specifically related to the solicitation by BMOCM, as agent of the Partnership, of offers to purchase Units in Agency Transactions is incorporated herein by reference in its entirety, and shall be deemed to be part of this Terms Agreement to the same extent as if such provisions had been set forth in full herein. An amendment to the Registration Statement, or a supplement to the Prospectus, as the case may be, relating to the Purchased Common Units [and the Additional Common Units], in the form heretofore delivered to BMOCM is now proposed to be filed with the Securities and Exchange Commission. Subject to the terms and conditions set forth herein and in the Schedule hereto and subject the terms and conditions of the Equity Distribution Agreement incorporated herein as provided in the second immediately preceding paragraph, the Partnership agrees to issue and sell to BMOCM, and BMOCM agrees to purchase from the Partnership, the Purchased Common Units at the time and place and at the purchase price set forth in the Schedule 1 hereto. If the foregoing is in accordance with your understanding, please sign and return to us a counterpart hereof, whereupon this Terms Agreement, including those provisions of the Equity Distribution Agreement incorporated herein by reference, shall constitute a binding agreement between BMOCM and the Partnership. CROSSTEX ENERGY, L.P. By: Crosstex Energy EnLink Midstream GP, LLC, its General Partner By: Name: Title: Accepted and agreed as of the date first above written: BMO CAPITAL MARKETS CORP. By: Name: Title: [Price to Public: USD[ . ] per unit] Purchase Price by BMOCM: USD[ . ] per unit Method of and Specified Funds for Payment of Purchase Price: [By wire transfer to a bank account specified by the Partnership in same day funds.] Method of Delivery: [To BMOCM’s account, or the account of BMOCM’s designee, at The Depository Trust Company via DWAC in return for payment of the purchase price.] Settlement Date: [ ], 20[ ] Closing Location: [ ] Documents to be Delivered: The following documents referred to in the Equity Distribution Agreement shall be delivered as a condition to the closing (which documents shall be dated on or as of the date of the Terms Agreement to which this Scheduled is annexed): · the officer’s certificate referred to in Section 4(d); · the legal opinions referred to in Section 4(e) and (f); · the “comfort letter” referred to in Section 4(g); and · such other documents as BMOCM shall reasonably request. [Indemnity: [ ]] [Lockup: In addition to, and without limiting the generality of, the covenant set forth in Section 3(m) of the Equity Distribution Agreement, [ ].]