MEMORANDUM OF UNDERSTANDINGMemorandum of Understanding • November 3rd, 2014 • Encana Corp • Crude petroleum & natural gas
WHEREAS, this Memorandum of Understanding (“MOU”) is entered into as of November 3, 2014, by and among the parties to the Actions (defined below) pending before the Court of Chancery of the State of Delaware (the “Court”) and the District Court of Tarrant County, Texas, to document their agreement-in-principle for the settlement of the Actions on the terms and subject to the conditions set forth herein;
ENCANA CORPORATION ALENCO ACQUISITION COMPANY INC. Suite 4400, 500 Centre Street SE Calgary, Alberta Canada T2P 2S5 November 3, 2014Tender Support Agreement • November 3rd, 2014 • Encana Corp • Crude petroleum & natural gas
Reference is made to that certain Tender Support Agreement, dated as of September 27, 2014 (the “Tender Support Agreement”), by and among you, Encana Corporation, a Canadian corporation (“Parent”), and Alenco Acquisition Company Inc., a Delaware corporation and a wholly owned subsidiary of Parent (“Acquisition Sub”).
AMENDMENT TO THE AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • November 3rd, 2014 • Encana Corp • Crude petroleum & natural gas
This Amendment (this “Amendment”) is made as of November 3, 2014 by and among Athlon Energy Inc., a Delaware corporation (the “Company”), Encana Corporation, a Canadian corporation (“Parent”), and Alenco Acquisition Company Inc., a Delaware corporation and indirect, wholly owned subsidiary of Parent (“Acquisition Sub”) to amend that certain Agreement and Plan of Merger (as amended, the “Merger Agreement”), dated as of September 27, 2014, by and among the Company, Parent and Acquisition Sub. Capitalized terms used herein and not otherwise defined herein have the meanings set forth in the Merger Agreement.
