EXHIBIT 4.3 FORM OF SECURITY CROSS TIMBERS OIL COMPANY 8 3/4% SERIES B SENIOR SUBORDINATED NOTE DUE 2009 [FORM OF FACE]Cross Timbers Oil Co • October 30th, 1997 • Crude petroleum & natural gas
WITNESSETH: -----------Xto Energy Inc • November 8th, 2001 • Crude petroleum & natural gas • Texas
EXHIBIT 2.1 PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • April 21st, 1998 • Cross Timbers Oil Co • Crude petroleum & natural gas
FOURTH AMENDMENT TO REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • March 31st, 2003 • Xto Energy Inc • Crude petroleum & natural gas • Texas
EXHIBIT 10.1 FIFTH AMENDMENT TO REVOLVING CREDIT AGREEMENT THIS FIFTH AMENDMENT TO REVOLVING CREDIT AGREEMENT (the "Amendment") is made and entered into as of the 30th day of April, 2003 (the "Effective Date"), by and among XTO ENERGY INC. (successor...Credit Agreement • May 7th, 2003 • Xto Energy Inc • Crude petroleum & natural gas • Texas
EXHIBIT 99.2 STOCKHOLDERS AGREEMENT ---------------------- THIS STOCKHOLDERS AGREEMENT, dated as of September 15, 1999 (this "Agreement"), is entered into among Whitewine Holding Company, a Texas corporation (the "Company"), LB I Group Inc., a...Stockholders Agreement • November 29th, 1999 • Cross Timbers Oil Co • Crude petroleum & natural gas • Texas
EXHIBIT 4.3.2 FIRST SUPPLEMENTAL INDENTUREXto Energy Inc • January 16th, 2004 • Crude petroleum & natural gas • New York
Exhibit 1.1 XTO ENERGY INC. $350,000,000 7 1/2% Senior Notes due 2012 UNDERWRITING AGREEMENT ----------------------Underwriting Agreement • April 18th, 2002 • Xto Energy Inc • Crude petroleum & natural gas • New York
INDEMNIFICATION AGREEMENTIndemnification Agreement • November 18th, 2005 • Xto Energy Inc • Crude petroleum & natural gas • Delaware
This Indemnification Agreement ("Agreement") is made as of ________ __, 2005, by and between XTO Energy Inc., a Delaware corporation (the "Company"), and ______________ ("Indemnitee").
RECITALS --------Employment Agreement • August 14th, 2000 • Cross Timbers Oil Co • Crude petroleum & natural gas • Texas
EXHIBIT 10.1 REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • May 15th, 2000 • Cross Timbers Oil Co • Crude petroleum & natural gas • Texas
EXHIBIT 4.2 FIRST SUPPLEMENTAL INDENTUREXto Energy Inc • March 31st, 2003 • Crude petroleum & natural gas • New York
EXHIBIT 10.2 REGISTRATION RIGHTS AGREEMENT THIS REGISTRATION RIGHTS AGREEMENT (this "Agreement") is made and entered as of April 2, 1997, among CROSS TIMBERS OIL COMPANY, a Delaware corporation (the "Company"), and MERRILL LYNCH & CO., MERRILL LYNCH,...Registration Rights Agreement • May 15th, 1997 • Cross Timbers Oil Co • Crude petroleum & natural gas • New York
October 21, 1997 LEHMAN BROTHERS INC. MORGAN STANLEY & CO. INCORPORATED J.P. MORGAN SECURITIES INC. NATIONSBANC MONTGOMERY SECURITIES, INC. as Representatives of the several Initial Purchasers c/o LEHMAN BROTHERS INC. Three World Financial Center New...Purchase Agreement • November 14th, 1997 • Cross Timbers Oil Co • Crude petroleum & natural gas • New York
ANDCross Timbers Oil Co • October 30th, 1997 • Crude petroleum & natural gas • New York
andRights Agreement • September 8th, 1998 • Cross Timbers Oil Co • Crude petroleum & natural gas • Delaware
EXHIBIT 10.2Registration Rights Agreement • November 14th, 1997 • Cross Timbers Oil Co • Crude petroleum & natural gas • New York
EXHIBIT 10.11 WARRANT AGREEMENT dated as of December 1, 1997 by and between CROSS TIMBERS OIL COMPANYWarrant Agreement • March 31st, 1998 • Cross Timbers Oil Co • Crude petroleum & natural gas
XTO ENERGY INC. REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • December 13th, 2004 • Xto Energy Inc • Crude petroleum & natural gas • New York
XTO Energy Inc., a Delaware corporation (the “Company”), proposes to issue and sell to you (the “Initial Purchasers”), upon the terms set forth in a purchase agreement dated September 20, 2004 (the “Purchase Agreement”), $350,000,000 aggregate principal amount of its 5.00% Senior Notes due 2015 (the “Initial Securities”). The Initial Securities will be issued pursuant to an Indenture, to be dated as of the date hereof (the “Indenture”), between the Company and The Bank of New York, as trustee (the “Trustee”). To satisfy a condition to the obligations of the Initial Purchasers under the Purchase Agreement, the Company agrees with the Initial Purchasers, for the benefit of the Initial Purchasers and the subsequent holders of the Securities (as defined below) (collectively the “Holders”), as follows:
RECITALS --------Employment Agreement • August 14th, 2000 • Cross Timbers Oil Co • Crude petroleum & natural gas • Texas
2,000,000 Shares of Common StockPurchase Agreement • July 12th, 1999 • Cross Timbers Oil Co • Crude petroleum & natural gas • New York
AND The Bank of New York, Trustee INDENTUREIndenture • January 16th, 2004 • Xto Energy Inc • Crude petroleum & natural gas • New York
EXHIBIT 4.2 XTO ENERGY INC. 6 1/4% Senior Notes due 2013 REGISTRATION RIGHTS AGREEMENTXto Energy Inc • May 7th, 2003 • Crude petroleum & natural gas • New York
AND THE BANK OF NEW YORK, Trustee INDENTUREXto Energy Inc • April 17th, 2002 • Crude petroleum & natural gas • New York
WITNESSETH: -----------Xto Energy Inc • November 8th, 2001 • Crude petroleum & natural gas • Texas
26,000,000 Shares XTO ENERGY INC. UNDERWRITING AGREEMENTUnderwriting Agreement • July 24th, 2008 • Xto Energy Inc • Crude petroleum & natural gas • New York
EXHIBIT 4.5B AWARD AGREEMENT UNDER CROSS TIMBERS OIL COMPANY 1998 STOCK INCENTIVE PLAN ------------------------- THIS AGREEMENT is entered into this ______ day of ______, 1998, between Cross Timbers Oil Company, a Delaware corporation (herein called...Award Agreement • December 30th, 1998 • Cross Timbers Oil Co • Crude petroleum & natural gas
COMMERCIAL PAPER DEALER AGREEMENT between XTO Energy Inc., as Issuer and ., as DealerCommercial Paper Dealer Agreement • November 2nd, 2006 • Xto Energy Inc • Crude petroleum & natural gas • New York
This agreement (the “Agreement”) sets forth the understandings between the Issuer and the Dealer, each named on the cover page hereof, in connection with the issuance and sale by the Issuer of its short-term promissory notes (the “Notes”) through the Dealer.
AND ----------------- Trustee INDENTUREXto Energy Inc • December 7th, 2001 • Crude petroleum & natural gas • New York
EXHIBIT 99.3 PUT AND CALL AGREEMENT ---------------------- THIS PUT AND CALL AGREEMENT (the "Agreement") dated as of September 15, 1999 is entered by and between Cross Timbers Oil Company, a Delaware corporation (the "Company") and LB I Group Inc., a...Put and Call Agreement • November 29th, 1999 • Cross Timbers Oil Co • Crude petroleum & natural gas • New York
WITNESSETH:Gas Purchase Agreement • April 27th, 1998 • Cross Timbers Oil Co • Crude petroleum & natural gas • Texas
XTO ENERGY INC. AND THE BANK OF NEW YORK TRUST COMPANY, N.A., TrusteeIndenture • July 16th, 2007 • Xto Energy Inc • Crude petroleum & natural gas • New York
INDENTURE, dated as of July 19, 2007 between XTO Energy Inc., a Delaware corporation (hereinafter called the “Company”), and The Bank of New York Trust Company, N.A., a national banking association, as trustee (hereinafter called the “Trustee”).
Exhibit 4.2 [FORM OF NOTE] [FORM OF FACE OF NOTE] CROSS TIMBERS OIL COMPANY 9 1/4% SERIES A SENIOR SUBORDINATED NOTE DUE 2007Cross Timbers Oil Co • May 7th, 1997 • Crude petroleum & natural gas
AGREEMENT AND PLAN OF MERGER dated as of December 13, 2009 among XTO ENERGY INC., EXXON MOBIL CORPORATION and EXXONMOBIL INVESTMENT CORPORATIONAgreement and Plan of Merger • December 15th, 2009 • Xto Energy Inc • Crude petroleum & natural gas • Delaware
AGREEMENT AND PLAN OF MERGER (this “Agreement”) dated as of December 13, 2009 among XTO Energy Inc., a Delaware corporation (the “Company”), Exxon Mobil Corporation, a New Jersey corporation (“Parent”), and ExxonMobil Investment Corporation, a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Subsidiary”).
EXHIBIT 4.1.1 HUGOTON ROYALTY TRUST ROYALTY TRUST INDENTURE (Amended and Restated as of March 24, 1999) December 1, 1998 TABLE OF CONTENTSCross Timbers Oil Co • April 8th, 1999 • Crude petroleum & natural gas • Texas
