0001038838-10-000416 Sample Contracts

FX ENERGY, INC. Common Stock (par value $0.001 per share) At-The-Market Issuance Sales Agreement
At-the-Market Issuance Sales Agreement • December 23rd, 2010 • Fx Energy Inc • Crude petroleum & natural gas • New York

FX Energy, Inc., a Nevada corporation (the “Company”), confirms its agreement (this “Agreement”) with McNicoll, Lewis & Vlak LLC (“MLV”), as follows:

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