FORM OF INDEMNIFICATION AGREEMENTIndemnification Agreement • March 7th, 2012 • Cinco Resources, Inc. • Crude petroleum & natural gas • Delaware
INDEMNIFICATION AGREEMENT (this “Agreement”), made and executed as of , 2012, by and between Cinco Resources, Inc., a Delaware corporation (the “Company”), and , an individual resident of the State of (the “Indemnitee”) and, if applicable, any Affiliated Stockholder listed on the signature page hereto.
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • March 7th, 2012 • Cinco Resources, Inc. • Crude petroleum & natural gas • Delaware
This REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of [•], 2012, is by and among Cinco Resources, Inc., a Delaware corporation (the “Company”), and each of the other parties identified on the signature pages hereto (the “Stockholders”).
CINCO RESOURCES, INC. RESTRICTED STOCK AWARD AGREEMENTRestricted Stock Award Agreement • March 7th, 2012 • Cinco Resources, Inc. • Crude petroleum & natural gas • Texas
THIS AGREEMENT (this “Agreement”), made and entered into as of the day of , 20 , by and between Cinco Resources, Inc., a Delaware corporation (“Cinco”), and , an employee, outside director or other individual providing services to Cinco or one of its Affiliates (“Participant”).
EMPLOYMENT AGREEMENTEmployment Agreement • March 7th, 2012 • Cinco Resources, Inc. • Crude petroleum & natural gas • Texas
This Employment Agreement (this “Agreement”) is entered into to be effective as of immediately before the effectiveness of the initial public offering of Common Stock (the “Effective Date”) as specified on Exhibit A to this Agreement (“Ex. A”), which is incorporated herein by reference, by and between the company identified on Ex. A (the “Company”) and the employee identified on Ex. A. (“Employee”).
INTERCREDITOR AGREEMENT dated as of October 30, 2009, among CINCO RESOURCES, INC., as Borrower, the Subsidiaries of CINCO RESOURCES, INC. from time to time party hereto, WELLS FARGO BANK, N.A., as First Lien Agent and WELLS FARGO ENERGY CAPITAL, INC....Intercreditor Agreement • March 7th, 2012 • Cinco Resources, Inc. • Crude petroleum & natural gas • Texas
INTERCREDITOR AGREEMENT dated as of October 30, 2009 (this “Agreement”), among CINCO RESOURCES INC., a Delaware corporation (the “Borrower”), WELLS FARGO BANK, N.A., as agent for the First Lien Lenders (as defined below) (in such capacity, the “First Lien Agent”), and WELLS FARGO ENERGY CAPITAL, INC., as agent for the Second Lien Lenders (as defined below) (in such capacity, the “Second Lien Agent”).
FOURTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • March 7th, 2012 • Cinco Resources, Inc. • Crude petroleum & natural gas • Texas
This CREDIT AGREEMENT (the “Agreement”) is dated as of October 30, 2009, among CINCO RESOURCES, INC., a Delaware corporation (“Borrower”), CINCO NATURAL RESOURCES CORPORATION, a Delaware corporation, DERNICK RESOURCES, LLC, a Delaware limited liability company, CAMDEN RESOURCES, LLC, a Delaware limited liability company, CINCO LOGISTICS, LLC, a Texas limited liability company, PATHEX PETROLEUM, INC., a Delaware corporation, SEDNA ENERGY, INC., an Arkansas corporation and CIMA RESOURCES, INC., a Delaware corporation (individually a “Guarantor” and collectively the “Guarantors”), each of the banks which is or which may from time to time become a signatory hereto (individually, a “Bank” and collectively, the “Banks”), CITIBANK, N.A., as Syndication Agent, and WELLS FARGO BANK, N.A., a national banking association, as Issuing Bank (in such capacity, together with its successors in such capacity “Issuing Bank”) and Administrative Agent for the Banks (in such capacity, together with its succ
AGREEMENT AND PLAN OF MERGER by and among CIMA RESOURCES, INC. As the Company, CINCO RESOURCES, INC. As Parent, and CINCO MERGER, INC. As Merger Subsidiary Dated as of November 17, 2011Merger Agreement • March 7th, 2012 • Cinco Resources, Inc. • Crude petroleum & natural gas • Delaware
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of November 17, 2011, is made by and among Cima Resources, Inc., a Delaware corporation (the “Company”), Cinco Resources, Inc., a Delaware corporation (“Parent”), and Cinco Merger, Inc., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Subsidiary”).
BUSINESS OPPORTUNITIES AGREEMENTBusiness Opportunities Agreement • March 7th, 2012 • Cinco Resources, Inc. • Crude petroleum & natural gas • Delaware
THIS BUSINESS OPPORTUNITIES AGREEMENT (this “Agreement”), dated as of , 2012, is entered into by and among Cinco Resources, Inc., a Delaware corporation (the “Company”), and the parties to this Agreement listed on Exhibit A hereto (each a “Designated Party” and collectively the “Designated Parties”).
SECOND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • March 7th, 2012 • Cinco Resources, Inc. • Crude petroleum & natural gas • Texas
This SECOND LIEN CREDIT AGREEMENT (the “Agreement”) is dated as of October 30, 2009, among CINCO RESOURCES, INC., a Delaware corporation (“Borrower”), CINCO NATURAL RESOURCES CORPORATION, a Delaware corporation, DERNICK RESOURCES, LLC, a Delaware limited liability company, CAMDEN RESOURCES, LLC, a Delaware limited liability company, CINCO LOGISTICS, LLC, a Texas limited liability company, PATHEX PETROLEUM, INC., a Delaware corporation, SEDNA ENERGY, INC., an Arkansas corporation, and CIMA RESOURCES, INC., a Delaware corporation (individually a “Guarantor” and collectively the “Guarantors”), each of the lenders which is or which may from time to time become a signatory hereto (individually, a “Lender” and collectively, the “Lenders”) and WELLS FARGO ENERGY CAPITAL, INC., a Texas corporation, as Administrative Agent for the Lenders (in such capacity, together with its successors in such capacity “Administrative Agent”).
