Common Contracts

PLAN SUPPORT AGREEMENT

Plan Support Agreement • December 11th, 2015 • New York

• Contract Type
  Plan Support Agreement
• Filed
  December 11th, 2015
• Jurisdiction
  New York

This Plan Support Agreement (this “Agreement”), dated as of December 10, 2015, is entered into by and among (i) Cubic Energy, Inc., a Texas corporation (“Cubic Energy”), Cubic Asset, LLC, a Delaware limited liability company (“CA LLC”), Cubic Asset Holding, LLC, a Delaware limited liability company (together with CA LLC, the “Cubic Asset Companies”), Cubic Louisiana, LLC, a Delaware limited liability company (“CL LLC”), and Cubic Louisiana Holding, LLC, a Delaware limited liability company (together with CL LLC, “Cubic Louisiana Companies”, and collectively with Cubic Energy and the Cubic Asset Companies, the “Cubic Parties”), (ii) each of the Prepetition Noteholders, (iii) BP Products North America, Inc., a Maryland corporation (“BPPNA”), and BP Energy Company, a Delaware corporation (“BPEC,”and together with BPPNA, “BP”), (iv) Wells Fargo Energy Capital, Inc., a Texas corporation (“Wells Fargo,” and together with the Prepetition Noteholders and BP, the “Supporting Creditors”), and (v