LIMITED LIABILITY COMPANY AGREEMENT OF UTE ENERGY UPSTREAM HOLDINGS LLC A DELAWARE LIMITED LIABILITY COMPANY April 28, 2008 PREAMBLELimited Liability Company Agreement • January 5th, 2012 • Ute Energy Upstream Holdings LLC • Delaware
Ute Energy Upstream Holdings LLC, a Delaware limited liability company (the “Company”), was formed pursuant to and in accordance with the Act (defined below) on April 15, 2008.
STAKEHOLDERS’ AGREEMENTStakeholders’ Agreement • January 5th, 2012 • Ute Energy Upstream Holdings LLC • Delaware
This STAKEHOLDERS’ AGREEMENT (this “Agreement”) is dated as of January 4, 2012, and is made by and among UTE ENERGY LLC, a Delaware limited liability company (the “Parent”), UTE ENERGY UPSTREAM HOLDINGS LLC, a Delaware limited liability company and wholly-owned subsidiary of the Parent (the “Registrant”), UTE ENERGY HOLDINGS LLC, a Delaware limited liability company (“Tribal Company”), QEP UTE LLC, a Delaware limited liability company f/k/a QEP Ute Partners, a Delaware general partnership (“QEP Ute”), QR UTE PARTNERS, a Delaware general partnership (“QR Ute” and, together with QEP Ute “Quantum”), and certain members of management and other employees of the Parent (“Ute Management”). Tribal Company, QEP Ute and QR Ute are sometimes referred to in this Agreement collectively as the “Existing Members.” The Existing Members, together with Ute Management, are sometimes referred to in this Agreement as the “Current Interest Holders.”
FIRST AMENDMENT TO THE LIMITED LIABILITY COMPANY AGREEMENT OF UTE ENERGY UPSTREAM HOLDINGS LLCUte Energy Upstream Holdings LLC • January 5th, 2012
This FIRST AMENDMENT TO THE LIMITED LIABILITY COMPANY AGREEMENT OF UTE ENERGY UPSTREAM HOLDINGS LLC (this “Amendment”) by Ute Energy LLC, a Delaware limited liability company (the “Member”), acting as the sole member of Ute Energy Upstream Holdings LLC, a Delaware limited liability company (the “Company”) is dated to be effective as of January 4, 2012.
