0001144204-11-055362 Sample Contracts

FIRST AMENDMENT TO AGREEMENT AND PLAN OF MERGER
Agreement and Plan of Merger • September 28th, 2011 • American Eagle Energy Inc. • Miscellaneous metal ores

THIS FIRST AMENDMENT TO AGREEMENT AND PLAN OF MERGER (this “First Amendment”), dated as of September 28, 2011, is by and among Eternal Energy Corp., a Nevada corporation (“Eternal”), Eternal Sub Corp., a Nevada corporation and a wholly-owned subsidiary of Eternal (the “Merger Sub”), and American Eagle Energy Inc., a Nevada corporation (“American Eagle”). Eternal, the Merger Sub and American Eagle are sometimes referred to herein, individually as a “Party,” and collectively, as the “Parties”.

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