published, on April 4, 2016, in the Wall Street Journal (National Edition) and the Dallas Morning News, as evidenced by the Affidavit of Publication [Docket No. 159], (together with the Confirmation Hearing Notice Affidavit (as defined below), the “Affidavits”), the Confirmation Hearing Notice, consistent with the Order # Scheduling a Combined Disclosure Statement Approval and Plan Confirmation Hearing, # Establishing a Plan and Disclosure Statement Objection Deadline and Related Procedures, # Approving the Confirmation Hearing Notice, and # Contingently Shortening the Notice Requirements Related Thereto [Docket No. 75] (the “Scheduling Order”);

Seller is not a "foreign person", as defined in recent amendments to the Internal Revenue Code and, at Closing the, agrees to provide to Title Company, if applicable, an affidavit to that effect.

duly executed title closing statement prepared the Title Insurer showing all credits and offsets to the Purchase Price; (b)duly executed Affidavit of Consideration for Use by Buyer (Form RTF-1EE) if required;

the assigning Lender shall deliver any Notes or, in lieu thereof, a lost note affidavit and indemnity reasonably acceptable to the Borrower evidencing such Loans to the Borrower or the Administrative Agent; and

Affidavit re: Waste Disposal by Shell Oil Company to Public recorded in Volume 705, Page 58, Deed Records, Ector County, Texas. (Tract 18 and Tract 26, Parcel A and part of Parcels B and C)

Evidence. Evidence required of anyone under the Plan may be by certificate, affidavit, document or other information which the person acting on it considers pertinent and reliable, and signed, made or presented by the proper party or parties.

Reliance on Documents; Counsel. The Administrative Agent shall be entitled to rely upon any notice, consent, certificate, affidavit, letter, telegram, statement, paper or document believed by it to be genuine and correct and to have been signed or sent by the proper person or persons, and, in respect to legal matters, upon the opinion of counsel selected by the Administrative Agent, which counsel may be employees of the Administrative Agent.

Lost or Stolen Promissory Note. If this Note is lost, stolen, mutilated or otherwise destroyed, the Maker shall execute and deliver to the Payee a new promissory note containing the same terms, and in the same form, as this Note. In such event, the Maker may require the Payee to deliver to the Maker an affidavit of lost instrument and customary indemnity in respect thereof as a condition to the delivery of any such new promissory note.

for payment to the Common Stockholders who have delivered a validly executed Letter of Transmittal and the Certificates of Common Stock or a duly executed Lost Stock Affidavit pursuant to [Section 2.4] as of the date that is two (2) Business Days prior to the Closing Date, an aggregate amount equal to the Per Share Common Consideration, as set forth on the Pre‑Closing Statement, multiplied by the number of shares of Common Stock held by such Stockholders;

Each Agent shall be entitled to rely, and shall be fully protected in relying, upon any writing, resolution, notice, consent, certificate, affidavit, letter, cablegram, telegram, telecopy, telex or teletype message, written statement, order or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the proper Person or Persons and upon advice and statements of legal counsel (including counsel to the Agent), independent accountants and other experts selected by such Agent.