Common use of XXXXEAS Clause in Contracts

XXXXEAS. the Company proposes to sell certain equity securities to Quantum Energy Partners, LP, EnCap Equity 1996 Limited Partnership, Energy Capital Investment Company PLC, V&C Energy Limited Partnership, Arthur L. Smith, Paul B. David, Thomas A. Reiser and Jerry M. Crews (xxxxxxxxxxxx, thx "Xxxxsxxxx"), xxx xxx Xxxxxxxrs prxxxxx xx xxxxxase certain equity securities of the Company pursuant to the terms and conditions of that certain Preferred Stock Purchase Agreement (the "Purchase Agreement") to be entered into by and among the Company and the Investors (the "Proposed Transaction");