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HomeMy WebLinkAbout949167Defaware PAGE 1 2~ie Mist Stu,te I, HARRIET SMITH WINDSOR, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF OWNERSHIP, WHICH MERGES: "NOBLE ENERGY PRODUCTION, INC.", A DELAWARE CORPORATION, WITH AND INTO "NOBLE ENERGY, INC." UNDER THE NAME OF "NOBLE ENERGY, INC.", A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF DELAWARE, AS RECEIVED AND FILED IN THIS OFFICE THE TWENTY-EIGHTH DAY OF AUGUST, A. D. 2007, AT 11:47 O'CLOCK A.M. AND I DO HEREBY FURTHER CERTIFY THAT THE EFFECTIVE DATE OF THE AFORESAID CERTIFICATE OF OWNERSHIP IS THE FIRST DAY OF SEPTEMBER, A.D. 2007, AT 12:03 O'CLOCK A.M. A FILED COPY OF THIS CERTIFICATE HAS BEEN FORWARDED TO THE NEW CASTLE COUNTY RECORDER OF DEEDS. 0738126 8100M 070963020 RECEIVED 8/31/2009 at 12:38 PM RECEIVING # 949167 BOOK: 730 PAGE: 712 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Harriet Smith Windsor, Secretary of State AUTHENTICATION: 5970323 DATE: 08-31-07 State of Delaware Secretary of State Division of Corporations Delivered 11:39 AM 0812812007 FILED 11:47 AM 0812812007 SRV 070963020 - 0738126 FILE CERTIFICATE OF OWNERSHIP ;k 04371 MERGING NOBLE ENERGY PRODUCnON, INC. (a Delaware corporation) WITH AND INTO NOBLE ENERGY, ]NC. (a Delaware corporation) Pursuant to Section 253 of the Delaware General Corporation Law, Noble Energy, Inc., a Delaware corporation (the "Corporation'), incorporated on December 29, 1969, hereby certifies the following: 1. The Corporation owns 100'/0 of the outstanding capital stock of Noble Energy Production, Inc., a Delaware corporation ("Noble Energy Production"), incorporated on December 15, 2004. 2. The Corporation, by resolutions of its Board of Directors attached hereto as Exhibit duly adopted by unanimous written consent dated August 17, 2007, determined to merge into itself said Noble Energy Production. 3. The merger is to become effective on September 1, 2007, at 12:03 am. IN WITNESS WHEREOF, the Corporation has caused this Certificate of Ownership to be executed by an authorized officer of the Corporation, the day of August, 2007. NOBLE ENERGY, INC. 1` By: Name: Chris Tong Title: Senior Vice President 060132 003224 HOUSTON 542MS-t Ex~t~ei Resolutions adopted by the Board of Directors of Noble Energy, Inc. August 17, 2007 Relating to the Approval of Merger of each of Noble Energy Production, Inc., Noble Energy LLC, and Noble Energy (Louisiana), LLC into the company WHEREAS, Noble Energy Production,, Inc., a Delaware corporation IVo le Ener cti is a wholly owned subsidiary of the Company, with the Company owning l W% of the outstanding capital stock of Noble Energy Production; WHEREAS, Noble Energy, LLC, a Delaware limited liability conPAY Q0, is a wholly owned subsidiary of the Company, with the Company owning 100% of the outstanding membership interests in Noble Energy LLC; WHEREAS, Noble Energy (Louisiana), LLC, a Delaware limited liability company ("Noblg Energy 14misiana 1, is a wholly owned subsidiary of the Company, with the Company owning 100/n of the outstanding membership interests in Noble Energy Louisiana; WHEREAS, it has been proposed that Noble Energy Production be merged with and into the Company, with the Company being the surviving business entity in such merger (the "Noble FngM Production Merger'); WHEREAS, it has been proposed that Noble Energy LLC be merged with and into the Company, with the Company being the surviving business entity in such merger (the "No le Energy LfC Menze?); WHEREAS, is has been proposed that Noble Energy Louisiana be merged with and into the Company, with the Company being the surviving business entity in such merger (the "Noble Energy Louisiana Merstpr"); WHEREAS, under the terms of the Noble Energy Production Merger, all of the outstanding shares of the capital stock of Noble Energy Production shall be converted into one share of the capital stock of the Company, which share shall subsequently be automatically cancelled with no compensation being paid therefor; WHEREAS, under the terms of the Noble Energy LLC Merger as more fully described in the Agreement of Merger by and between the Company and Noble Energy LLC, a copy of which has been distributed to the Board and is attached hereto as Ekbibit all of the outstanding membership interests of Noble Energy LLC shall be converted into one share of the capital stock of the Company, which share shall subsequently be automatically cancelled with no compensation being paid therefor, 060132 003 224 HOUSTON 542645.1 WHEREAS, under the terms of the Noble Energy Louisiana Merger as more frilly described in the Agreement of Merger by and between the Company and Noble Energy Louisiana, a copy of which has been distributed to the Board and is attached hereto as Exhibit B' all of the outstanding membership interests of Noble Energy Louisiana shall be converted into one share of the capital stock of the Company, which share shall subsequently be automatically cancelled with no compensation being paid therefor; WHEREAS, after careful review and consideration, the Board has determined, in its business judgment, that it would be advisable and in the best interests of the Company to effect .the Noble Energy Production Merger, the Noble Energy LLC Merger, and the Noble Energy Louisiana Merger. NOW, THEREFORE, BE IT RESOLVED, that the Board hereby authorizes and approves the Noble Energy Production Merger, the Noble Energy LLC Merger, and the Noble Energy Louisiana Merger, whereby each of Noble Energy Production, Noble Energy LLC, and Noble Energy Louisiana shall be merged with and into the Company and all of the outstanding shares of the capital stock of Noble Energy Production and the outstanding membership interests of Noble Energy LLC and Noble Energy Louisiana shall each be converted into one share of the capital stock of the Company, which share shall then be cancelled with no compensation being paid therefor, all in compliance with the provisions of Article 253 of the Delaware General Corporation Law; and fluther RESOLVED, that the Board hereby approves the form of and all the terms, provisions and conditions contained in each of the Agreements of Merger by and between the Company and Noble Energy LLC and Noble Energy Louisiana, respectively, and further RESOLVED, that the effective date of the Noble Energy Production Merger, the Noble Energy LLC Merger, and the Noble Energy Louisiana Merger shall be September 1, 2007 or on such other date as the proper officers of the Company deem necessary or appropriate; and fzlrther RESOLVED, that the officers of the Company are hereby authorized and directed to consummate the Noble Energy Production Merger, the Noble Energy LLC Merger, and the Noble Energy Louisiana Merger, and further RESOLVED, that the proper officers of the Company are severally authorized to provide such notifications and take such other action as is necessary or appropriate to carry out the intent and purpose of the foregoing resolution. 060132003224 HOUMN 5426451