0001104659-11-030002 Sample Contracts

TERMINATION AND TRANSFER AGREEMENT dated as of May 12, 2011 among Sempra Energy Trading LLC, MXenergy Inc. MXenergy Electric Inc. MXenergy Holdings Inc. and Constellation Energy Commodities Group, Inc.

Termination and Transfer Agreement • May 18th, 2011 • MxEnergy Holdings Inc • Natural gas distribution • New York

• Contract Type
  Termination and Transfer Agreement
• Filed
  May 18th, 2011
• Company
  MxEnergy Holdings Inc
• Industry
  Natural gas distribution
• Jurisdiction
  New York

Termination and Transfer Agreement, dated as of May 12, 2011 (this “Agreement”), among Sempra Energy Trading LLC, a Delaware limited liability company (“SET”), MXenergy Inc., a Delaware corporation (“MX”), MXenergy Electric Inc., a Delaware corporation (“MX Electric”), MXenergy Holdings Inc., a Delaware corporation (“MX Holdings”), and Constellation Energy Commodities Group, Inc., a Delaware corporation (“CECG”).

AGREEMENT AND PLAN OF MERGER among CONSTELLATION ENERGY RESOURCES, LLC, NUTMEG MERGER SUB, INC., and MXENERGY HOLDINGS INC. May 12, 2011

Agreement and Plan of Merger • May 18th, 2011 • MxEnergy Holdings Inc • Natural gas distribution • Delaware

• Contract Type
  Agreement and Plan of Merger
• Filed
  May 18th, 2011
• Company
  MxEnergy Holdings Inc
• Industry
  Natural gas distribution
• Jurisdiction
  Delaware

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) dated May 12, 2011, is being entered into by and among Constellation Energy Resources, LLC, a Delaware limited liability company (“Parent”), Nutmeg Merger Sub, Inc., a Delaware corporation (“Merger Sub”), MXenergy Holdings Inc., a Delaware corporation (the “Company”) and, for certain limited purposes, Mx SR LLC, a Delaware limited liability company. Parent, Merger Sub and the Company are referred to herein collectively as the “Parties” and individually as a “Party.”