0000950123-09-042685 Sample Contracts

ENCORE ACQUISITION COMPANY Underwriting Agreement
Underwriting Agreement • September 11th, 2009 • Encore Acquisition Co • Crude petroleum & natural gas • New York

up letter agreement (including, without limitation, the restrictions set forth in the preceding sentence) to the same extent as if the transferee/donee were a party hereto, (ii) no filing by any party (donor, donee, transferor or transferee) under the Exchange Act, shall be required or shall be voluntarily made in connection with such transfer or distribution (other than a filing on a Form 5, Schedule 13D or Schedule 13G (or 13D-A or 13G-A) made after the expiration of the Lock-up Period referred to above), excluding a contribution to a family limited partnership or family limited liability company controlled by the transferor, (iii) each party (donor, donee, transferor or transferee) shall not be required by law (including without limitation the disclosure requirements of the Securities Act of 1933, as amended, and the Exchange Act) to make, and shall agree to not voluntarily make, any public announcement of the transfer or disposition, excluding a contribution to a family limited par

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