SUPPLEMENT TO CONVEYANCE OF NET PROFITS INTERESTProfits Interest • August 3rd, 2011 • Enduro Royalty Trust • Crude petroleum & natural gas
This Supplement to Conveyance of Net Profits Interest (this “Supplement”) is made effective as of [•], 2011 (the “Supplement Effective Date”) by and between Enduro Operating LLC, a Delaware limited liability company (“Grantor”), and The Bank of New York Mellon Trust Company, N.A., with offices at 919 Congress Avenue, Suite 500, Austin, Texas 78701, Attention: Michael J. Ulrich, as trustee (the “Trustee”), acting not in its individual capacity but solely as trustee of Enduro Royalty Trust (the “Trust”), a Delaware statutory trust created under the Delaware Statutory Trust Act as of May 3, 2011. Grantor and the Trustee, acting as trustee of the Trust, are sometimes referred to herein individually as a “Party” and collectively as the “Parties.” Capitalized terms used but not defined in this Supplement shall have the meanings ascribed to them in that certain Conveyance of Net Profits Interest dated [•], 2011 (the “Conveyance”) between Grantor and Enduro Texas LLC, a Texas limited liability
FORM OF AGREEMENT AND PLAN OF MERGER OF ENDURO OPERATING LLC AND ENDURO TEXAS LLCForm of Agreement and Plan of Merger • August 3rd, 2011 • Enduro Royalty Trust • Crude petroleum & natural gas
This Agreement and Plan of Merger (this “Plan of Merger”) made as of the [•] day of [•], 2011, pursuant to Chapter 10 of the Texas Business Organizations Code (the “TBOC”), by and between Enduro Operating LLC, a Texas limited liability company (“Enduro Operating”), and Enduro Texas LLC, a Texas limited liability company (“Enduro Texas”), said entities being hereinafter sometimes collectively called the “Constituent Entities” or “Surviving Entities.”
