0001193125-09-253100 Sample Contracts

AGREEMENT AND PLAN OF MERGER dated as of December 13, 2009 among XTO ENERGY INC., EXXON MOBIL CORPORATION and EXXONMOBIL INVESTMENT CORPORATION
Agreement 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”).

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AMENDMENT TO AGREEMENT OF GRANT
Agreement of Grant • December 15th, 2009 • Xto Energy Inc • Crude petroleum & natural gas • Texas

WHEREAS, XTO Energy Inc., a Delaware Corporation (the “Company”) and Louis G. Baldwin (the “Executive”) entered into an Agreement of Grant, dated as of November 18, 2008 (the “Agreement”);

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CONSULTING AGREEMENT
Consulting Agreement • December 15th, 2009 • Xto Energy Inc • Crude petroleum & natural gas • Texas

This Consulting Agreement (this “Agreement”), dated December 13, 2009, by and among XTO Energy Inc., a Delaware corporation (the “Company”), Exxon Mobil Corporation, a New Jersey corporation (“Parent”), and Keith A. Hutton (“Consultant”), shall be effective as of the Effective Date (as hereinafter defined).

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