AGREEMENT AND PLAN OF MERGER BY AND AMONG ORLEN UPSTREAM SP. Z O.O. KIWI ACQUISITION CORP. AND FX ENERGY, INC. OCTOBER 13, 2015 CET (OCTOBER 12, 2015 MST)Merger Agreement • October 14th, 2015 • Fx Energy Inc • Crude petroleum & natural gas • Nevada
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of October 13, 2015 CET (October 12, 2015 MST) by and among Orlen Upstream sp. z o.o., a Polish private limited company (“Parent”), Kiwi Acquisition Corp., a Nevada corporation and a wholly-owned Subsidiary of Parent (“Merger Sub”), and FX Energy, Inc., a Nevada corporation (the “Company”). All capitalized terms that are used in this Agreement but not otherwise defined herein shall have the respective meanings ascribed thereto in Annex A unless the context clearly indicates otherwise.
