PURCHASE AGREEMENTPurchase Agreement • February 1st, 2011 • SM Energy Co • Crude petroleum & natural gas • New York
The Securities will be issued pursuant to an indenture, to be dated as of February 7, 2011 (the “Indenture”), between the Company and U.S. Bank National Association, as trustee (the “Trustee”). The Securities will be issued only in book-entry form in the name of Cede & Co., as nominee of The Depository Trust Company (the “Depositary”), pursuant to a letter of representations, to be dated on or before the Closing Date (as defined in Section 2 hereof) (the “DTC Agreement”), between the Company and the Depositary.
