20,750,000 SHARES XTO ENERGY INC. COMMON STOCK UNDERWRITING AGREEMENTUnderwriting Agreement • May 20th, 2004 • Xto Energy Inc • Crude petroleum & natural gas • New York
Contract Type FiledMay 20th, 2004 Company Industry JurisdictionXTO Energy Inc., a Delaware corporation (the “Company”), proposes to issue and sell 20,750,000 shares (the “Firm Stock”) of the Company’s Common Stock, par value $0.01 per share (the “Common Stock”). In addition, the Company proposes to grant to the Underwriters named in Schedule I hereto (the “Underwriters”), for whom Lehman Brothers Inc. and Morgan Stanley & Co. Incorporated are acting as representatives (the “Representatives”), an option to purchase up to an additional 3,031,212 shares of the Common Stock on the terms and for the purposes set forth in Section 2 (the “Option Stock”). The Firm Stock and the Option Stock, if purchased, are hereinafter collectively called the “Stock.” This agreement (this “Agreement”) is to confirm the agreement concerning the purchase of the Stock from the Company by the Underwriters.