0000950123-09-056989 Sample Contracts

AGREEMENT AND PLAN OF MERGER by and between ENCORE ACQUISITION COMPANY and DENBURY RESOURCES INC. Executed on October 31, 2009
Agreement and Plan of Merger • November 3rd, 2009 • Encore Acquisition Co • Crude petroleum & natural gas • Dorado

THIS AGREEMENT AND PLAN OF MERGER, executed this 31st day of October, 2009 (this “Agreement”), is by and between Encore Acquisition Company, a Delaware corporation (“Redfish”), and Denbury Resources Inc., a Delaware corporation (“Dorado”).

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Amendment to Rights Agreement
Rights Agreement • November 3rd, 2009 • Encore Acquisition Co • Crude petroleum & natural gas • New York

This Amendment to the Rights Agreement between Encore Acquisition Company, a Delaware corporation (the “Company”), and Mellon Investor Services LLC, a New Jersey limited liability company, as Rights Agent (the “Rights Agent”), dated as of October 28, 2008 (the “Rights Agreement”) is hereby adopted and dated as of October 31, 2009.

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