McMoRan EXPLORATION CO. 6,200,000 Shares of Common Stock (Par Value $0.01 Per Share) Underwriting AgreementUnderwriting Agreement • November 9th, 2004 • McMoran Exploration Co /De/ • Crude petroleum & natural gas • New York
McMoRan Exploration Co., a Delaware corporation (the “Company”), confirms its agreement with the several underwriters named in Schedule A hereto (the “Underwriters”), for whom Merrill Lynch & Co., Merrill Lynch, Pierce, Fenner & Smith Incorporated and J.P. Morgan Securities Inc. are acting as representatives (the “Representatives”), with respect to (i) the sale by the Company and the purchase by the Underwriters, acting severally and not jointly, of 6,200,000 shares of Common Stock, par value $0.01 per share, of the Company (“Common Stock”) and (ii) the grant by the Company to the Underwriters, acting severally and not jointly, of the option described in Section 1(a)(ii) hereof to purchase all or any part of 930,000 additional shares of Common Stock to cover overallotments, if any. As used in this Agreement, “Common Stock” shall refer to the Company’s common stock and the related preferred stock purchase rights (the “Rights”) issued pursuant to the rights agreement dated as of November
FM Services Letterhead]Consulting Agreement • November 9th, 2004 • McMoran Exploration Co /De/ • Crude petroleum & natural gas
