FORM OF NONQUALIFIED STOCK OPTION AGREEMENTNonqualified Stock Option Agreement • July 2nd, 2007 • Cano Petroleum, Inc • Crude petroleum & natural gas • Texas
STOCK VOTING AGREEMENTStock Voting Agreement • October 21st, 2009 • Cano Petroleum, Inc • Crude petroleum & natural gas • Delaware
SEPARATION AGREEMENT AND RELEASESeparation Agreement • October 1st, 2009 • Cano Petroleum, Inc • Crude petroleum & natural gas
This Separation Agreement and Release (this “Agreement”) is entered into by Cano Petroleum, Inc., a Delaware corporation (the “Company”), Resaca Exploitation, Inc., a Texas corporation (“Resaca”), and S. Jeffrey Johnson (“Executive”) as of September 29, 2009. The Company and Executive are collectively referred to herein as the “Parties” and Resaca joins in this Agreement solely for the purposes set forth in Section 3(b), Section 7, and Section 27 and shall not be considered a “Party” for any other purpose. This Agreement cancels and supersedes all prior agreements relating to Executive’s employment with the Company, except as provided in this Agreement.
EMPLOYMENT AGREEMENTEmployment Agreement • November 9th, 2006 • Cano Petroleum, Inc • Crude petroleum & natural gas • Texas
THIS EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into by and between Cano Petroleum Inc., a Delaware corporation with its principal executive offices in Fort Worth, Texas (the “Company”), and Patrick M. McKinney, an individual currently residing in Tarrant County, Texas (“Vice President”), as of the 1st day of June, 2006 (the “Effective Date”). The Company and Vice President may sometimes be referred to herein individually as “Party” and collectively as “Parties.”
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • August 31st, 2006 • Cano Petroleum, Inc • Crude petroleum & natural gas • New York
REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of August 25, 2006, by and among Cano Petroleum, Inc., a Delaware corporation, with headquarters located at 801 Cherry St., Suite 3200, Fort Worth, Texas 76102 (the ”Company”), and the undersigned buyers (each, a “Buyer”, and collectively, the “Buyers”).
AMENDED AND RESTATED CREDIT AGREEMENT Among CANO PETROLEUM, INC. as Borrower,Credit Agreement • February 9th, 2009 • Cano Petroleum, Inc • Crude petroleum & natural gas • Texas
This Amended and Restated Credit Agreement dated as of December 17, 2008 is among Cano Petroleum, Inc., a Delaware corporation (“Borrower”), the lenders party hereto from time to time (“Lenders”), and Union Bank of California, N.A., as administrative agent for such Lenders (in such capacity, the “Administrative Agent”) and as issuing lender for such Lenders (in such capacity, the “Issuing Lender”).
AMENDMENT NO. 1 TO AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • March 8th, 2010 • Cano Petroleum, Inc • Crude petroleum & natural gas
THIS AMENDMENT NO. 1 TO AGREEMENT AND PLAN OF MERGER (this “Amendment”) is made and entered into this 24th day of February, 2010, by and between Resaca Exploitation, Inc., a Texas corporation (“Parent”), Resaca Acquisition Sub, Inc., a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Sub”), and Cano Petroleum, Inc., a Delaware corporation (“Target”).
ContractGuaranty Agreement • May 15th, 2006 • Cano Petroleum, Inc • Crude petroleum & natural gas
SUPPLEMENT NO. 1 dated as of April 28, 2006 (the “Supplement”), to the Guaranty Agreement dated as of November 29, 2005 (as amended, supplemented or otherwise modified from time to time, the “Guaranty Agreement”), among each of the subsidiaries party thereto (each such subsidiary individually, a “Guarantor” and collectively, the “Guarantors”) of CANO PETROLEUM, INC., a Delaware corporation (the “Borrower”) in favor of UNION BANK OF CALIFORNIA, N.A., as Administrative Agent (the “Administrative Agent”) for the benefit of the Beneficiaries (as defined in the Guaranty Agreement).
SUBORDINATED PLEDGE AGREEMENTSubordinated Pledge Agreement • February 9th, 2009 • Cano Petroleum, Inc • Crude petroleum & natural gas • Texas
THIS SUBORDINATED PLEDGE AGREEMENT dated as of December 17, 2008 (this “Pledge Agreement”) is by and among CANO PETROLEUM, INC., a Delaware corporation (“Borrower”), each subsidiary of the Borrower signatory hereto (together with the Borrower, the “Pledgors” and individually, each a “Pledgor”) and UnionBanCal Equities, Inc. as Administrative Agent (in such capacity the “Administrative Agent”) under the Credit Agreement (as hereinafter defined), for its benefit and the benefit of the Lenders (as hereinafter defined).
PURCHASE AND SALE AGREEMENT AMONG UHC NEW MEXICO CORPORATION as Seller, CANO PETRO OF NEW MEXICO, INC., as Buyer, and CANO PETROLEUM, INC., for Certain Limited Purposes March 30, 2007Purchase and Sale Agreement • April 4th, 2007 • Cano Petroleum, Inc • Crude petroleum & natural gas • Texas
THIS ASSET PURCHASE AND SALE AGREEMENT (“Agreement”) is executed as of this 30th day of March 2007, by UHC NEW MEXICO CORPORATION, a New Mexico CORPORATION (“Seller”), CANO PETRO OF NEW MEXICO, INC., a Texas corporation, or its designated Affiliate (“Buyer”) and CANO PETROLEUM, INC., a Delaware corporation, the parent of Buyer (“Parent”).
EMPLOYMENT AGREEMENTEmployment Agreement • June 24th, 2008 • Cano Petroleum, Inc • Crude petroleum & natural gas • Texas
THIS EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into by and between Cano Petroleum Inc., a Delaware corporation with its principal executive offices in Fort Worth, Texas (the “Company”), and Ben Daitch, an individual currently residing in Dallas County, Texas (“Employee”), as of the 23rd day of June, 2008 (the “Effective Date”). The Company and Employee may sometimes be referred to herein individually as “Party” and collectively as “Parties.”
AMENDMENT NO. 4 TO AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • May 20th, 2010 • Cano Petroleum, Inc • Crude petroleum & natural gas
THIS AMENDMENT NO. 4 TO AGREEMENT AND PLAN OF MERGER (this “Amendment”) is made and entered into this 19th day of May, 2010 by and among Resaca Exploitation, Inc., a Texas corporation (“Parent”), Resaca Acquisition Sub, Inc., a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Sub”), and Cano Petroleum, Inc., a Delaware corporation (“Target”).
EMPLOYMENT AGREEMENTEmployment Agreement • August 11th, 2004 • Cano Petroleum, Inc • Non-operating establishments • Texas
THIS EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into by and between Huron Ventures, Inc., a Delaware corporation with its principal executive offices in Fort Worth, Texas (the “Company”), and Thomas Cochrane, an individual currently residing in League City, Texas (“Employee”), this 28th day of May 2004, but effective on the 9th day of June, 2004 (the “Effective Date”).
Canaccord Adams, Inc. Wells Fargo Plaza 1000 Louisiana Street, 71st Floor Houston, TX 77002 T: 713-331-9901Equity Financing Agreement • June 26th, 2008 • Cano Petroleum, Inc • Crude petroleum & natural gas • Massachusetts
Canaccord Adams, Inc. (hereinafter referred to as the “Lead Underwriter” or “Canaccord”) and Canaccord Capital Corporation, on behalf of a syndicate of underwriters (collectively, the “Underwriters”), hereby offer, subject to the further terms and conditions herein set forth, to purchase from Cano Petroleum, Inc. (“Cano” or the “Corporation”) 7,000,000 common shares, $0.0001 par value (the “Common Shares”), and, at the election of the Lead Underwriter, up to an additional 1,050,000 Common Shares, at a price to be determined in accordance with the term sheet (“Term Sheet”) attached as Appendix “A.” The 7,000,000 Common Shares are referred to as the “Firm Shares” and the 1,050,000 Common Shares are referred to as the “Optional Shares,” and together are referred to as the “Shares.” The obligation of the Underwriters to purchase the Shares is subject to Cano obtaining all necessary regulatory approvals and is subject to the terms outlined in the attached Term Sheet and the following terms
SECOND AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • February 9th, 2009 • Cano Petroleum, Inc • Crude petroleum & natural gas
THIS SECOND AMENDMENT TO EMPLOYMENT AGREEMENT (“Amendment”) is made and entered into by and between Cano Petroleum, Inc., a Delaware corporation with its principal executive offices in Fort Worth, Texas (the “Company”), and Phillip Feiner, an individual currently residing in Collin County, Texas (“Employee”), effective as of the 31st day of December, 2008 (the “Amendment Effective Date”).
FIRST AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • November 10th, 2008 • Cano Petroleum, Inc • Crude petroleum & natural gas
THIS FIRST AMENDMENT TO EMPLOYMENT AGREEMENT (this “Amendment”) is made and entered into by and between Cano Petroleum Inc., a Delaware corporation with its principal executive offices in Fort Worth, Texas (the “Company”), and Phillip Feiner, an individual currently residing in Collin County, Texas (“Employee” collectively, the “Parties”), effective as of the 8th day of September, 2008 (the “Amendment Effective Date”).
FIFTH AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • February 9th, 2009 • Cano Petroleum, Inc • Crude petroleum & natural gas
THIS FIFTH AMENDMENT TO EMPLOYMENT AGREEMENT (“Amendment”) is made and entered into by and between Cano Petroleum, Inc., a Delaware corporation with its principal executive offices in Fort Worth, Texas (the “Company”), and Michael J. Ricketts, an individual currently residing in Tarrant County, Texas (“Vice President”), effective as of the 31st day of December, 2008 (the “Amendment Effective Date”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • August 31st, 2006 • Cano Petroleum, Inc • Crude petroleum & natural gas • New York
SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of August 25, 2006, by and among Cano Petroleum, Inc., a Delaware corporation, with headquarters located at 801 Cherry St., Suite 3200, Fort Worth, Texas 76102 (the ”Company”), and the investors listed on the Schedule of Buyers attached hereto (individually, a “Buyer” and collectively, the “Buyers”).
SUBORDINATED CREDIT AGREEMENT Among CANO PETROLEUM, INC. as Borrower,Subordinated Credit Agreement • February 9th, 2009 • Cano Petroleum, Inc • Crude petroleum & natural gas • Texas
This Subordinated Credit Agreement dated as of December 17, 2008 (the “Effective Date”) is among Cano Petroleum, Inc., a Delaware corporation (“Borrower”), the lenders party hereto from time to time (“Lenders”), and UnionBanCal Equities, Inc. as administrative agent for such Lenders (in such capacity, the “Administrative Agent”).
CONSENT AND FORBEARANCE AGREEMENTConsent and Forbearance Agreement • August 10th, 2010 • Cano Petroleum, Inc • Crude petroleum & natural gas • Texas
This CONSENT AND FORBEARANCE AGREEMENT (the “Agreement”) dated effective as of August 5, 2010 (“Effective Date”) is by and among Cano Petroleum, Inc., a Delaware corporation (the “Borrower”), the Guarantors (as defined below), the Lenders (as defined below), and Union Bank, N.A. (f/k/a Union Bank of California, N.A.), as administrative agent (in such capacity, the “Administrative Agent”) for the Lenders and as issuing lender for such Lenders (in such capacity, the “Issuing Lender”).
FIRST AMENDMENT TO THE CANO PETROLEUM, INC. NONQUALIFIED STOCK OPTION AGREEMENTNonqualified Stock Option Agreement • September 11th, 2007 • Cano Petroleum, Inc • Crude petroleum & natural gas
This FIRST AMENDMENT (the "Amendment") to the Nonqualified Stock Option Agreement (the "Agreement") dated December 28, 2006, is hereby made and entered as of the 28th day of June, 2007 by and between Cano Petroleum, Inc., a Delaware corporation (the "Company") and James Dale Underwood (the "Participant"). Terms used in this Amendment with initial capital letters that are not otherwise defined herein shall have the meanings ascribed to such terms in the Agreement.
SUBORDINATED GUARANTY AGREEMENTSubordinated Guaranty Agreement • February 9th, 2009 • Cano Petroleum, Inc • Crude petroleum & natural gas • Texas
This Subordinated Guaranty Agreement dated as of December 17, 2008 (this “Guaranty”) is executed by each of the undersigned (individually a “Guarantor” and collectively, the “Guarantors”), in favor of UnionBanCal Equities, Inc., as Administrative Agent for the ratable benefit of itself, the Lenders (as defined below) (together with the Administrative Agent and the Lenders, individually a “Beneficiary”, and collectively, the “Beneficiaries”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • December 5th, 2005 • Cano Petroleum, Inc • Crude petroleum & natural gas • Texas
REGISTRATION RIGHTS AGREEMENT (this “Agreement”) by and among Cano Petroleum, Inc., a Delaware corporation (the “Company”), and Scott White (the “Purchaser”).
ContractGas Purchase Contract • July 6th, 2009 • Cano Petroleum, Inc • Crude petroleum & natural gas • Texas
THE COMPANY HAS REQUESTED AN ORDER FROM THE SECURITIES AND EXCHANGE COMMISSION (THE “COMMISSION”) PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED, GRANTING CONFIDENTIAL TREATMENT TO SELECTED PORTIONS. ACCORDINGLY, THE CONFIDENTIAL PORTIONS HAVE BEEN OMITTED FROM THIS EXHIBIT, AND HAVE BEEN FILED SEPARATELY WITH THE COMMISSION. OMITTED PORTIONS ARE INDICATED IN THIS EXHIBIT WITH “*****”.
FOURTH AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • February 9th, 2009 • Cano Petroleum, Inc • Crude petroleum & natural gas
THIS FOURTH AMENDMENT TO EMPLOYMENT AGREEMENT (“Amendment”) is made and entered into by and between Cano Petroleum, Inc., a Delaware corporation with its principal executive offices in Fort Worth, Texas (the “Company”), and Patrick M. McKinney, an individual currently residing in Tarrant County, Texas (“Senior Vice President”), effective as of the 31st day of December, 2008 (the “Amendment Effective Date”).
AMENDED AND RESTATED SECURITY AGREEMENTSecurity Agreement • February 9th, 2009 • Cano Petroleum, Inc • Crude petroleum & natural gas • Texas
THIS AMENDED AND RESTATED SECURITY AGREEMENT dated as of December 17, 2008 (this “Security Agreement”) is by and among CANO PETROLEUM, INC., a Delaware corporation (“Borrower”), each subsidiary of the Borrower signatory hereto (together with the Borrower, the “Grantors” and individually, each a “Grantor”) and Union Bank of California, N.A. as Administrative Agent (as hereinafter defined) for the ratable benefit of itself, the Issuing Lender (as hereinafter defined), the Lenders (as hereinafter defined), and the Swap Counterparties (as defined in the Credit Agreement referred to below, and together with the Administrative Agent, the Issuing Lender, and the Lenders collectively referred to herein as the “Secured Parties” and individually, a “Secured Party”).
NONQUALIFIED STOCK OPTION AGREEMENT CANO PETROLEUM, INC. 2005 LONG-TERM INCENTIVE PLANNonqualified Stock Option Agreement • August 17th, 2006 • Cano Petroleum, Inc • Crude petroleum & natural gas • Texas
GAS PURCHASE AGREEMENT By And Between Eagle Rock Field Services, L. P. and and Pantwist, LLC Dated: April 1, 2007Gas Purchase Agreement • July 6th, 2009 • Cano Petroleum, Inc • Crude petroleum & natural gas • Texas
This Gas Purchase Agreement (“Agreement”) is made and entered into and is effective as of April 1, 2007, by and between Eagle Rock Field Services, L. P., hereinafter referred to as “BUYER,” and WO Operating Company Ltd. and Pantwist, LLC, hereinafter referred to collectively and/or individually as “SELLER”, each individually referred to as a ‘Party” or together as “Parties”. Notwithstanding anything to the contrary herein contained, neither W.O. Operating Company, Ltd. nor Pantwist, LLC shall be responsible for the obligations of the other under the terms and provisions of this Agreement.
SECOND AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • June 6th, 2006 • Cano Petroleum, Inc • Crude petroleum & natural gas
THIS SECOND AMENDMENT TO EMPLOYMENT AGREEMENT (“Amendment”) is made and entered into by and between Cano Petroleum Inc., (formerly Huron Ventures, Inc.) a Delaware corporation with its principal executive offices in Fort Worth, Texas (the “Company”), and Michael J. Ricketts, an individual currently residing in Tarrant County, Texas (“Employee”), effective as of the 1st day of June, 2006 (the “Amendment Effective Date”). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the below described Agreement.
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • May 13th, 2011 • Cano Petroleum, Inc • Crude petroleum & natural gas • Texas
THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into by and between Cano Petroleum Inc., a Delaware corporation with its principal executive offices in Irving, Texas (the “Company”), and Michael J. Ricketts, an individual currently residing in Tarrant County, Texas (“Employee”), as of the 11th day of February, 2011 (the “Effective Date”). The Company and Employee may sometimes be referred to herein individually as “Party” and collectively as “Parties.”
CONSENT AND AMENDMENT NO. 1Subordinated Credit Agreement • September 11th, 2008 • Cano Petroleum, Inc • Crude petroleum & natural gas • Texas
This CONSENT AND AMENDMENT NO. 1 ("Amendment") entered into and made effective as of June 27, 2008 ("Effective Date") is among Cano Petroleum, Inc., a Delaware corporation ("Borrower"), the Guarantors (as defined below), the Lenders (as defined below), and UnionBanCal Equities, Inc. as administrative agent for such Lenders (in such capacity, the "Administrative Agent").
CONSULTING AGREEMENTConsulting Agreement • October 6th, 2008 • Cano Petroleum, Inc • Crude petroleum & natural gas • Texas
THIS CONSULTING AGREEMENT (this “Agreement”) is made and entered into as of October 1, 2008 (the “Effective Date”) by and between Cano Petroleum, Inc., a Delaware corporation (the “Company”), and Morris B. Smith (“Consultant”). The Company and Consultant are referred to in this Agreement as the “Parties.”
August 23 2006 Pampa, IX 79066 Attn: Mr. Miles O’LoughlinValero #01-0838 • July 6th, 2009 • Cano Petroleum, Inc • Crude petroleum & natural gas
Reference is made to the above captioned agreement and subsequent amendments thereto, if any, covering the above referenced contract.
GAS PURCHASE CONTRACT Between W.O. OPERATING COMPANY, LTD as Seller And DCP MIDSTREAM, LP as Buyer Dated July 1, 2009 INDEXGas Purchase Contract • November 13th, 2009 • Cano Petroleum, Inc • Crude petroleum & natural gas • Texas
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • November 6th, 2007 • Cano Petroleum, Inc • Crude petroleum & natural gas • New York
