CONFIDENTIALITY AGREEMENTConfidentiality Agreement • October 7th, 2015 • Freeport-McMoran Inc • Metal mining • Delaware
This letter agreement shall become effective upon the appointment of any Icahn Nominee to the Board of Directors (the “Board”) of Freeport-McMoRan Inc. (the “Company”). Capitalized terms used but not otherwise defined herein shall have the meanings given to such terms in the Nomination and Standstill Agreement (the “Nomination Agreement”), dated as of October 7, 2015, among the Company and the Icahn Group. Solely for purposes of this letter agreement, the individual appointed to the Board of Directors of FCX Oil & Gas Inc. pursuant to Section 1(j) of the Nomination Agreement shall be deemed to be an Icahn Nominee upon such individual’s execution and delivery to the Company of a signature page hereto (and, with respect to such individual, references herein to the “Board” shall be deemed to refer to the Board of Directors of FCX Oil & Gas Inc.). The Company understands and agrees that, subject to the terms of, and in accordance with, this letter agreement, the Icahn Nominee may, if and t
NOMINATION AND STANDSTILL AGREEMENTNomination and Standstill Agreement • October 7th, 2015 • Freeport-McMoran Inc • Metal mining • Delaware
This Nomination and Standstill Agreement, dated October 7, 2015 (this “Agreement”), is by and among the persons and entities listed on Schedule A hereto (collectively, the “Icahn Group”, and individually a “member” of the Icahn Group) and Freeport-McMoRan Inc. (the “Company”).
