AGREEMENT AND PLAN OF MERGER by and among BADLANDS ENERGY, LLC, THE SOLE MEMBER OF BADLANDS ENERGY, LLC, ROUGH RIDER ACQUISITION, LLC and HECKMANN CORPORATION Dated as of September 3, 2012Agreement and Plan of Merger • September 4th, 2012 • Heckmann Corp • Oil & gas field services, nec • Delaware
This AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made as of September , 2012, by and among Rough Rider Acquisition, LLC, a Delaware limited liability company (“Buyer”), Heckmann Corporation, a Delaware corporation (“Parent”), Badlands Energy, LLC, a North Dakota limited liability company (the “Company”), and Mark D. Johnsrud, an individual residing in the state of North Dakota and the sole member of the Company (“Seller”). Capitalized terms used and not otherwise defined herein have the meanings set forth in ARTICLE 10 below.
