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HomeMy WebLinkAbout973945STATE OF TEXAS COUNTY OF HARRIS US 20955251/2 AFFIDAVIT OF MERGER October 1, 2013 KNOW ALL MEN BY THESE PRESENTS: [Signature page follows] 0216 On this day personally appeared before me Kyle N. Roane, who, upon being by me first duly sworn, did depose and say as follows: 1. I am Kyle N. Roane, General Counsel and Corporate Secretary of Memorial Production Partners GP LLC, a Delaware limited liability company (the "General Partner acting for and on behalf of the General Partner in its capacity as general partner of Memorial Production Partners LP, a Delaware limited partnership, in its capacity as sole member of Memorial Production Operating LLC, a Delaware limited 1i.ability company, on behalf of Memorial Production Operating LLC. I am over the age of eighteen (18) years and have personal knowledge of all. of the matters set forth in this A.ffi.davit. 2. Effective on October 1, 2013, CROWN ENERGY PARTNERS, LLC, a Delaware limited liability company, merged. with and into MEMORIAL PRODUCTION OPERATING LLC in accordance with the provisions of Section 18 -209 of the Delaware Limited Liability Company Act, with MEMORIAL PRODUCTION OPERATING LLC being the surviving company following such merger. Attached hereto as Exhibit "A" is a true and correct copy of the Certificate of. Merger issued by the Secretary of State of Delaware evidencing the merger of CROWN ENERGY PARTNERS, LLC. with and into MEMORIAL PRODUCTION OPERATING LLC. 3. By virtue of the above recited merger, on October 1, 2013, MEMORIAL PRODUCTION OPERATING LLC has ownership of all the properties and assets, real, personal and mixed, of every kind and character, and all debts, liabilities and duties, of CROWN ENERGY PARTNERS, LLC. RECEIVED 11/1/2013 at 10:37 AM RECEIVING 973945 BOOK: 823 PAGE: 216 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY EXECUTED as of the first date written above. SUBSCRIBED AND SWORN TO before me by K N. Roane, this 1 day of October, 2013, to certify which witness my hand and seal of office. STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on October 1, 2013, by Kyle N. Roane, General Counsel and Corporate Secretary of Memorial Production Partners GP LLC, a Delaware limited lia bility company, in its capacity as general partner of Memorial Production Partners LP, a Delaware limited partnership, in its capacity as sole member of Memorial Production Operating LLC a Delaware limited liability company, on behalf of Memorial Production Operating LLC. 1 Notary Public, t. e of Texas Printed Name: We/ cl t M Co 1 My Commission Expires: rG{'j Wta. 01, 20 R SIGNATURE PAGE AFFIDAVIT OF MERGER Kyle N. Roane, Affiant 0217 Notary Public, S ate of Texas 1411.4 WENDI M. COLE Notary Public, State of Texas My Commission Expires February 09, 2016 EXHIBIT "A" TO AFFIDAVIT OF KYLE N. ROANE (See attached) 0218 are: CERTIFICATE OF MERGER OF MEMORIAL PRODUCTION OPERATING LLC Pursuant to Section 18 -209 of the Delaware Limited Liability Act, the undersigned limited liability company hereby certifies that: FIRST: The name and jurisdiction of formation of each of the entities party to the merger Name of Entity State of Formation and Type of Entity Crown Energy Partners, LLC Delaware limited liability company Memorial Production Operating LLC Delaware limited :liability company SECOND: An agreement and plan of merger has been approved and executed by each of the entities party to the merger in accordance with the requirements of Section 18 -209 of the Delaware Limited .L.iability Company Act. THIRD: The name of the surviving limited liability company is "Memorial Production Operating LLC," a Delaware limited liability company. FOURTH: The Certificate of Formation. of Memorial Production Operating LLC shall be the Certificate of Formation of the surviving limited liability company. FIFTH: The .merger is to become effective on. October 1, 20.13. SIXTH.: The executed agreement and plan of merger is on file at 1301 McKinney Street, Suite 2100, Houston, Texas 77010, the address of the principal place of business of the surviving limited liability company. SEVENTH: A copy of the agreement and plan of merger will be furnished by the surviving limited liability company, on request and without cost, to any member or any person holding an interest in any other entity party to the merger. (signature page follows) 0219 IN WITNESS WHEREOF, Memorial Production Operating LLC has caused this certificate to be signed by an authorized officer on October 1, 2013. MEMORIAL PRODUCTION OPERATING LLC By: Memorial Production Partners LP, its sole member By: Memorial Production Partners GP LLC, its general partner By: [Delaware Certificate of Merger] Kyle N. Roane General Counsel and Corporate Secretary 0220