FORM OF STOCK AWARD AGREEMENT FOR EMPLOYEES WITH EMPLOYMENT AGREEMENTS UNDER THE XTO ENERGY INC. 2004 STOCK INCENTIVE PLAN, AS AMENDED AND RESTATED AS OF MAY 20, 2008Stock Award Agreement • July 30th, 2008 • Xto Energy Inc • Crude petroleum & natural gas
THIS AGREEMENT is entered into this day of , 200_, between XTO Energy Inc., a Delaware corporation (the “Company”), and (“Grantee”), pursuant to the provisions of the XTO Energy Inc. 2004 Stock Incentive Plan, as Amended and Restated as of May 20, 2008 (the “Plan”). The Compensation Committee of the Board of Directors of the Company (the “Committee”) has determined that Grantee is eligible to be a participant in the Plan and, to carry out its purposes, has this day authorized the grant, pursuant to the Plan, of the stock award set forth below to Grantee.
COMMITMENT INCREASE AND ACCESSION AGREEMENTCommitment Increase and Accession Agreement • July 30th, 2008 • Xto Energy Inc • Crude petroleum & natural gas • Texas
THIS COMMITMENT INCREASE AND ACCESSION AGREEMENT (this “Agreement”) dated as of July 17, 2008, is among DNB NOR BANK ASA (“DnB NOR”) and MERRILL LYNCH BANK USA (“Merrill” and, together with DnB Nor, each a “New Lender” and collectively, the “New Lenders”); EXPORT DEVELOPMENT CANADA (“EDC”) and COMPASS BANK (“Compass” and, together with EDC, each an “Existing Lender” and collectively, the “Existing Lenders”); XTO ENERGY INC., a Delaware corporation (the “Borrower”); and JPMORGAN CHASE BANK, N.A., as administrative agent (in such capacity, together with its successors in such capacity, the “Administrative Agent”) for the lenders party to the Credit Agreement referred to below. Each capitalized term used herein but not otherwise defined herein has the meaning given such term in the Credit Agreement.
