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Full title: Second Amended Chapter 11 Plan filed by David W. Parham for Debtor First River Energy, LLC. (Parham, David) (related document(s): 1003 Second Amended Disclosure Statement filed by David W. Parham for Debtor First River Energy, LLC. (Attachments: # 1 Exhibit Plan of Liquidation)(Parham, David) (related document(s): 319 Disclosure Statement filed by David W. Parham for Debtor First River Energy, LLC. (Attachments: # 1 Exhibit # 2 Exhibit), 320 Chapter 11 Plan filed by David W. Parham for Debtor First River Energy, LLC.))

Document posted on Jul 5, 2021 in the bankruptcy, 46 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

“Unsecured Claim” means any Claim which is not an Administrative Expense Claim, Fee Claim, 503(b)(9) Claim, Priority Claim, Subordinated Claim, Lenders Claim, Owners Claim, or Other Secured Claim, including (a) any Claim arising from the rejection of an executory contract or unexpired lease under Section 365 of the Bankruptcy Code, (b) any portion of a Claim to the extent the value of the Creditor’s interest in the applicable Estate’s interest in the Collateral securing such Claim is less than the amount of the Allowed Claim, or to the extent that the amount of the Claim subject to setoff is less than the amount of the Allowed Claim, as determined pursuant to Section 506(a) of the Bankruptcy Code, (c) any Claims arising from the provision of goods or services to the Debtor prior to the Petition Date, and (d) any Claim designated as an Unsecured Claim elsewhere in the Plan.For purposes of the Plan: (a) whenever from the context it is appropriate, each term, whether stated in the singular or the plural, shall include both the singular and the plural; (b) any reference in the Plan to a contract, instrument, release, indenture or other agreement or document being in a particular form or on particular terms and conditions means that such contract, instrument, release, indenture or other agreement or document shall be substantially in such form or substantially on such terms and conditions; (c) any reference in the Plan to an existing document or Exhibit means such document or Exhibit as it may have been or may be amended, modified or supplemented; (d) if the Plan’s description of the terms of an Exhibit is inconsistent with the terms of the Exhibit, the terms of the Exhibit shall control; (e) unless otherwise specified, all references in the Plan to Articles and Exhibits are references to Articles and Exhibits of or to the Plan; (f) unless the context requires otherwise, the words “herein,” “hereunder” and “hereto” refer to the Plan in its entirety rather than to a particular Article or section or subsection of the Plan; (g) any phrase containing the term “include” or “including” shall mean including without limitation; (h) all of the Exhibits referred to in the Plan shall be deemed incorporated herein by such reference and made a part hereof for all purposes; (i) any reference to an Entity as a Holder of a Claim or Equity Interest includes that Entity’s successors and assigns; and (j) the rules of construction set forth in Section 102 of the Bankruptcy Code shall apply in the construction of the Plan, to the extent such rules are not inconsistent with any other provision in this Article 2.2.If the Holder of an Allowed Claim fails to negotiate a check issued to such Holder within ninety (90) days of the date such check was issued, then the Plan Administrator shall provide written notice to such Holder stating that unless such Holder negotiates such check within ninety (90) days of the date of such notice, the amount of Cash attributable to such check

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IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION In re: § § Chapter 11 FIRST RIVER ENERGY, LLC,1 § § Bankruptcy Case No. 18-50085 Debtor. § § DEBTOR’S SECOND AMENDED PLAN OF LIQUIDATION David W. Parham, SBN: 15459500 Esther McKean, SBN: 24122145 AKERMAN LLP 2001 Ross Avenue, Suite 3600 Dallas, Texas 75201 Telephone: (214) 720-4300 Facsimile: (214) 981-9339 david.parham@akerman.com esther.mckean@akerman.com Attorneys for the Debtor and Debtor in Possession Dated: June 30, 2021 1 The Debtor in this chapter 11 case, along with the last four digits of the Debtor’s federal tax identification number, is: First River Energy, LLC (9656). The mailing address for the Debtor, solely for purposes of notices and communications, isP.O. Box 1718, Livingston, TX 77351.

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TABLE OF CONTENTS Page ARTICLE 1 INTRODUCTION ......................................................................................................1ARTICLE 2 DEFINED TERMS; RULES OF CONSTRUCTION ................................................22.1 Defined Terms. ...................................................................................................22.2 Rules of Construction. ......................................................................................13ARTICLE 3 TREATMENT OF ADMINISTRATIVE EXPENSE CLAIMS AND 503(B)(9) CLAIMS .......................................................................................................................143.1 Administrative Claims. .....................................................................................143.2 Fee Claims. .......................................................................................................15ARTICLE 4 DESIGNATION OF CLASSES OF CLAIMS AND EQUITY INTERESTS .........15ARTICLE 5 CLASSIFICATION OF CLAIMS AND INTERESTS ............................................165.1 Classification in General. .................................................................................165.2 Summary of Classification. ..............................................................................165.3 Special Provision Governing Unimpaired Claims............................................175.4 Elimination of Vacant Classes. .........................................................................175.5 Voting Classes; Presumed Acceptance by Non-Voting Classes. .....................175.6 Confirmation Pursuant to Sections 1129(a)(10) and 1129(b) of the Bankruptcy Code. ............................................................................................17ARTICLE 6 TREATMENT OF CLASSIFIED CLAIMS AND EQUITY INTERESTS .............176.1 Unclassified Claims. .........................................................................................176.2 Priority Claims: Class 1. ...................................................................................176.3 Oklahoma Owner Secured Claim: Class 2. ......................................................186.4 503(b)(9) Claim: Class 3. .................................................................................186.5 Oil General Unsecured Claims: Class 4. ..........................................................186.6 Non-Oil General Unsecured Claims: Class 5. ..................................................186.7 De Minimis Claims: Class 6. ............................................................................196.8 Lenders’ Secured Claim: Class 7......................................................................196.9 Equity Interests: Class 8. ..................................................................................196.10 Comprehensive Settlement of Claims and Controversies. ...............................19ARTICLE 7 ACCEPTANCE OR REJECTION OF THE PLAN .................................................207.1 Each Impaired Class Entitled to Vote Separately. ............................................207.2 Acceptance by Impaired Classes. .....................................................................207.3 Presumed Acceptance or Rejection of Plan by Unimpaired Classes. ...............217.4 Impairment Controversies. ...............................................................................21ARTICLE 8 TREATMENT OF EXECUTORY CONTRACTS AND UNEXPIRED LEASES .........................................................................................................................................218.1 Rejection of Executory Contracts and Unexpired Leases. ...............................218.2 Approval of Rejection of Executory Contracts and Unexpired Leases. ...........21

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8.3 Claims under Rejected Executory Contracts and Unexpired Leases. ..............228.4 Disallowed Claims. ...........................................................................................228.5 Insurance. ..........................................................................................................23ARTICLE 9 MEANS OF IMPLEMENTATION OF THE PLAN ...............................................239.1 General Overview of Plan. ...............................................................................239.2 Plan Administrator. ...........................................................................................239.3 Continued Corporate Existence; Dissolution. ..................................................279.4 Corporate Action. .............................................................................................279.5 Selection and Compensation of the Plan Administrator. ..................................279.6 Section 1146 Exemption. ..................................................................................289.7 Effectuating Documents; Further Transactions. ...............................................289.8 Pursuit of Causes of Action. .............................................................................28ARTICLE 10 PROVISIONS GOVERNING DISTRIBUTIONS WITH RESPECT TO CLAIMS ........................................................................................................................................2910.1 Determination of Claims. .................................................................................2910.2 De Minimis Distributions as to Allowed Class 3 and General Unsecured Claims. ...........................................................................................2910.3 Unclaimed Distributions. ..................................................................................3010.4 Transfer of Claim. .............................................................................................3010.5 One Distribution Per Holder. ............................................................................3010.6 Effect of Pre-Confirmation Distributions. ........................................................3110.7 No Interest on Claims or Equity Interests. .......................................................3110.8 Compliance with Tax Requirements. ...............................................................31ARTICLE 11 CONDITIONS PRECEDENT ................................................................................3111.1 Conditions Precedent to Confirmation of the Plan. ..........................................3111.2 Conditions Precedent to the Effective Date. .....................................................3111.3 Waiver of Federal Rule of Civil Procedure 62(a)U. .........................................3211.4 Waiver of Condition Precedent to Confirmation or the Effective Date. ..........32ARTICLE 12 INJUNCTIONS, EXCULPATION FROM LIABILITY AND RELEASES ........3212.1 Exculpation from Liability. ..............................................................................3212.2 No Liability for Tax Claims. ............................................................................3312.3 Injunctions. .......................................................................................................33ARTICLE 13 RETENTION OF JURISDICTION ........................................................................3313.1 General Retention. ............................................................................................3313.2 Specific Purposes. .............................................................................................3313.3 Closing of the Chapter 11 Case. .......................................................................36ARTICLE 14 MODIFICATION OF PLAN AND CONFIRMATION OVER OBJECTIONS................................................................................................................................3614.1 Modification of Plan. ........................................................................................3614.2 Confirmation Over Objections. ........................................................................36ARTICLE 15 MISCELLANEOUS PROVISIONS .......................................................................37

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15.1 No Admissions. ................................................................................................3715.2 Revocation or Withdrawal of the Plan. ............................................................3715.3 Standard for Approval of the Bankruptcy Court. .............................................3715.4 Further Assurances. ..........................................................................................3715.5 Headings. ..........................................................................................................3715.6 Notices. .............................................................................................................3815.7 Plan Supplement ...............................................................................................3815.8 Governing Law. ................................................................................................3915.9 Limitation on Allowance. .................................................................................3915.10 Estimated Claims. .............................................................................................3915.11 Consent to Jurisdiction. ....................................................................................3915.12 Setoffs. ..............................................................................................................3915.13 Successors and Assigns. ...................................................................................4015.14 Modification of Payment Terms. ......................................................................4015.15 Entire Agreement. .............................................................................................4015.16 Severability of Plan Provisions. ........................................................................4015.17 Confirmation Order and Plan Control. .............................................................4015.18 Plan Documents. ...............................................................................................4115.19 Computation of Time........................................................................................4115.20 Substantial Consummation. ..............................................................................41

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ARTICLE 1 INTRODUCTION First River Energy, LLC (“Debtor”) hereby proposes the following Plan of Liquidation under Chapter 11 of the United States Bankruptcy Code (the “Plan”) for the liquidation of the Debtor and the resolution of the outstanding Claims against the Debtor, and requests Confirmation of the Plan pursuant to Section 1129 of the Bankruptcy Code. The Debtor is the proponent of the Plan within the meaning of Section 1129 of the Bankruptcy Code. Capitalized terms used in the Plan shall have the meanings ascribed to such terms in Article 2.1 of the Plan or as otherwise defined herein. Under Section 1125(b) of the Bankruptcy Code, a vote to accept or reject the Plan cannot be solicited from the Holder of a Claim until such time as the Debtor’s Disclosure Statement (the “Disclosure Statement”) has been approved by the Bankruptcy Court and distributed to Holders of Claims. The Disclosure Statement was conditionally approved by the Bankruptcy Court through the entry of the Disclosure Statement Approval Order and has been distributed simultaneously with the Plan to all parties whose votes are being solicited. The Disclosure Statement contains, among other things, (a) a discussion of the Debtor’s history, businesses, assets, and operations, (b) a summary of significant events which have occurred to date in this case, (c) a summary of the means of implementing and funding the Plan, and (d) the procedures for voting on the Plan. No materials, other than the accompanying Disclosure Statement and any exhibits and schedules and documents attached thereto or referenced therein, have been approved by the Debtor for use in soliciting acceptances or rejections of the Plan. ALL HOLDERS OF CLAIMS AGAINST THE DEBTOR ENTITLED TO VOTE ON THE PLAN ARE ENCOURAGED TO READ THE PLAN AND THE DISCLOSURE STATEMENT IN THEIR ENTIRETY BEFORE VOTING TO ACCEPT OR REJECT THE PLAN. Subject to certain restrictions and requirements set forth in Section 1127 of the Bankruptcy Code and Bankruptcy Rule 3019, and those restrictions or modifications set forth in Article 14 of the Plan, the Debtor expressly reserves the right to alter, amend, modify, revoke or withdraw the Plan, one or more times, prior to the Plan’s substantial consummation. THE PLAN AND THE DISCLOSURE STATEMENT HAVE NOT BEEN REQUIRED TO BE PREPARED IN ACCORDANCE WITH FEDERAL OR STATE SECURITIES LAWS OR OTHER APPLICABLE NON-BANKRUPTCY LAW. PERSONS OR ENTITIES SHOULD EVALUATE THE PLAN AND THE DISCLOSURE STATEMENT IN LIGHT OF THE PURPOSES FOR WHICH THEY WERE PREPARED. SUMMARY AND OVERVIEW OF THE PLAN2 The Plan provides a mechanism for the expeditious and orderly liquidation of the Debtor and its remaining assets, and the distribution of funds to creditors. The Debtor’s allowed Administrative Expense Claims, Fee Claims, Priority Claims, and Oklahoma Owner Secured 2 The entire Plan and the accompanying Disclosure Statement contain important information that should be read in addition to this Summary and Overview.

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Claims will be paid in full. In addition, pursuant to Court order, the Lenders’ Claim have been paid in full. Claimants holding Allowed Oil General Unsecured Claims and Non-oil General Unsecured Claims will be paid will receive distributions, to the extent they are entitled to distributions, pursuant to this Plan within thirty (30) days after the Effective Date. The Allowed 503(b)(9) Claimants will receive a pro rata share of the remaining Cash after all other claims are paid pursuant to the terms of the Plan or at such other time as the Plan Administrator determines to make distributions. The Plan contemplates that the Court will appoint a Plan Administrator. ARTICLE 2 DEFINED TERMS; RULES OF CONSTRUCTION 2.1 Defined Terms. 2.1.1 As used in the Plan, the following terms shall have the meanings set forth below: “503(b)(9) Claim” means any Claim for or request for allowance of an administrative expense arising under 11 U.S.C. § 503(b)(9) and as identified in the Plan Supplement. “503(b)(9) Claim Bar Date” means April 30, 2018, the deadline set for filing 503(b)(9) Claims established by Court order dated March 14, 2018. “503(b)(9) Claims List” means the list of Vendors whom the Debtor believed was entitled to assert a 503(b)(9) Claim and was prepared pursuant to the 503(b)(9) Order entered in this Chapter 11 Case. “503(b)(9) Order” means the order dated March 14, 2018. “503(b)(9) Procedures Motion” means Debtor’s Motion for Entry of Order Pursuant to 11 U.S.C. §§ 105(a) and 503(b)(9) Establishing Procedures for the Assertion, Resolution, and Satisfaction of Claims Asserted Pursuant to 11 U.S.C. § 503(b)(9) filed on February 26, 2018 and any amendments thereto [Dkt. No. 227]. “Administrative Expense” means (a) any cost or expense of administration of the Liquidating Case that is allowed under Section 503(b) or 507(a)(1) of the Bankruptcy Code, to the extent the party claiming any such Administrative Expense files an application, motion, request or other Bankruptcy Court-approved pleading seeking such expense in the Liquidating Case on or before the applicable Administrative Claims Bar Date, including (i) any actual and necessary costs and expenses of preserving the Estate or liquidating the businesses of the Debtor (including wages, salaries, or commissions for services rendered) incurred on or after the Petition Date, (ii) any Post-petition cost, indebtedness or contractual obligation duly and validly incurred or assumed by the Debtor in Possession, (iii) any Claim granted administrative priority status by a Final Order of the Bankruptcy Court, (iv) any Claim by a Governmental Authority for taxes (and for interest and/or

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penalties related to such taxes) due for any Post-petition tax year or period, and (v) compensation for reimbursement of expenses of Professionals awarded or allowed pursuant to an order of the Bankruptcy Court under Section 330(a) or 331 of the Bankruptcy Code; (b) any Super-priority Claim; (c) all fees and charges assessed against the Estate under Chapter 123 of title 28, United States Code, 28 U.S.C. §§ 1911-1930; and (d) any and all other costs or expenses of administration of the Liquidating Case that are allowed by Final Order of the Bankruptcy Court; provided, however, that, when used in the Plan, the term “Administrative Expense” shall not include any Disallowed Claim, or, unless otherwise expressly provided in the Plan, any of the Claims in Classes 1 through 8. In no event shall any Claim set out in a Proof of Claim be deemed to be an Administrative Expense (except for any Claim by a Governmental Authority for taxes (and for interest and/or penalties related to such taxes) due for any Post-petition tax year or period). “Administrative Expense Claim” means any Claim for the payment of an Administrative Expense. “Administrative Claims Bar Date” means first business day that is thirty (30) days after the Effective Date as established by an order or orders of the Bankruptcy Court as the deadline for the filing by any Creditor or other party in interest of an application, motion, request or other Bankruptcy Court-approved pleading for allowance of any Administrative Expense Claim that arose or is deemed to have arisen on or after the Petition Date. Holders of Administrative Expense Claims (including Holders of any Claims for Post-petition federal, state or local taxes) that do not file an application, motion, request or other Bankruptcy Court-approved pleading by the Administrative Claims Bar Date shall be forever barred, estopped and enjoined from ever asserting such Administrative Expense Claims against the Debtor, or any of its Assets, or against the Estate, and such Holders shall not be entitled to participate in any distribution under the Plan on account of any such Administrative Expense Claims. “Allowed 503(b)(9) Claim” means those claims identified in the Plan Supplement. “Allowed Amount” means the dollar amount in which a Claim is allowed. “Allowed Claim” means a Claim or that portion of a Claim which is not a Disputed Claim or a Disallowed Claim and (a) as to which a Proof of Claim was filed on or before the Bar Date, or, by order of the Bankruptcy Court, was not required to be filed, or (b) as to which no Proof of Claim was filed on or before the Bar Date, but which has been or hereafter is listed by the Debtor in its Schedules as liquidated in amount and not disputed or contingent, and, in the case of subparagraph (a) or (b) above, as to which either (i) no objection to the allowance thereof has been filed within the time allowed for the making of objections as fixed by the Plan, the Bankruptcy Code, the Bankruptcy Rules or the Bankruptcy Court, or (ii) any objection as to its allowance has been settled or withdrawn or has been denied by a Final Order. “Allowed Claim” shall also include a Claim that is allowed by the Bankruptcy Court (a) in any contract, instrument or other agreement or document entered into in connection with the Plan; (b) in a Final Order; or (c) pursuant to the terms of the Plan. “Allowed,” when used as an adjective herein (such as Allowed Administrative Expense Claim, Allowed Priority Claim, Allowed Oklahoma Owner Secured Claim, and Allowed Oil General Unsecured Claim, Allowed Non-Oil General Unsecured Claim), has a corresponding meaning.

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“Allowed Class ... Claim” means an Allowed Claim in the particular Class described. “Assets” means all Property of the Debtor and its Estate of any nature whatsoever as of the Effective Date, including but not limited to all accounts receivable, assumed contracts, Cash, and the Causes of Action. “Avoidance Actions” means any Causes of Action for the recovery of avoidable transfers arising under chapter 5 of the Bankruptcy Code or applicable federal or state law and the proceeds thereof. “Ballot” means the ballot(s) accompanying the Disclosure Statement upon which Holders of Impaired Claims entitled to vote on the Plan shall indicate their acceptance or rejection of the Plan in accordance with the Voting Instructions. “Bankruptcy Code” means Title 11 of the United States Code, 11 U.S.C. §§ 101 et seq., as in effect on the Petition Date, together with all amendments and modifications thereto that were subsequently made applicable to the Liquidating Case. “Bankruptcy Court” means the United States Bankruptcy Court for the Western District of Texas, San Antonio Division, or, as the context requires, any other court of competent jurisdiction exercising jurisdiction over the Liquidating Case. “Bankruptcy Rules” means the Federal Rules of Bankruptcy Procedure and the Local Rules, as in effect on the Petition Date, together with all amendments and modifications thereto that were subsequently made applicable to the Liquidating Case. “Bar Date” means the bar date(s) established by the Bankruptcy Court from time to time as the last day for filing Proofs of Claim against or proofs of Equity Interest in the Debtor, including with respect to executory contracts and unexpired leases that are rejected pursuant to the Plan, pursuant to a Final Order of the Bankruptcy Court or otherwise pursuant to Section 365 of the Bankruptcy Code; provided however, that, when used in the Plan, the term “Bar Date” shall not include the Administrative Claims Bar Date. “Business Day” means any day other than a Saturday, Sunday or “legal holiday” (as “legal holiday” is defined in Bankruptcy Rule 9006(a)). “Cash” means cash, cash equivalents and other readily marketable direct obligations of the United States, as determined in accordance with generally accepted accounting principles, including bank deposits, certificates of deposit, checks and similar items. When used in the Plan with respect to a distribution under the Plan, the term “Cash” means lawful currency of the United States, a certified check, a cashier’s check, a wire transfer of immediately available funds from any source, or a check drawn on a domestic bank. “Causes of Action” means any and all of the Debtor’s or the Debtor’s Estate’s actions, claims, demands, rights, defenses, counterclaims, suits, and causes of action, whether known or unknown, in law, equity or otherwise, including but not limited to (a) all avoidance actions and rights to recover transfers avoidable or recoverable under Sections 502, 542, 543, 544, 545, 547, 548, 549, 550, 551 and 553 of the Bankruptcy Code, including but not limited to causes of action

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against any party listed on Attachment A to the Debtor’s Statement of Financial Affairs (Dkt. No. 192), (b) all causes of action listed in response to Question 7 on the Debtor’s Statement of Financial Affairs (Dkt. No. 192), (c) all causes of action listed in Section 11 of the Debtor’s Schedules of Assets and Liabilities (Dkt. No. 191), (d) all adversary proceedings and other civil actions commenced and proceeding as of the Effective Date to which the Debtor is a party, (e) all claims against directors and officers of the Debtor, and (f) any and all other claims or rights of the Debtor of any value whatsoever, at law or in equity, against any Creditor or other third party. “Chapter 11 Case” means the case commenced under chapter 11 of the Bankruptcy Code by the Debtor on the Petition Date and pending before the Bankruptcy Court. “Claim” has the meaning ascribed to such term in Section 101(5) of the Bankruptcy Code. Notwithstanding anything to the contrary contained herein, when used in the Plan, the term “Claim” shall be given the broadest possible meaning permitted by applicable law and shall include all manner and type of claim, whenever and wherever such claim may arise, including ad valorem tax claims. “Claims Agent” means Donlin Recano & Co., Inc. “Class” means a category of Claims or Equity Interests classified together as described in Articles 4, 5, and 6 of the Plan. “Class 4 Distribution” means a distribution in Cash of a pro rata share of $38,000 for Allowed Oil General Unsecured Claims. “Class 5 Distribution” means a distribution in Cash of a pro rata share of $675,000 for Allowed Non-Oil General Unsecured Claims. “Confirmation” means the approval by the Bankruptcy Court of the Plan in accordance with the provisions of chapter 11 of the Bankruptcy Code, as effectuated by the Confirmation Order. “Confirmation Date” means the date on which the clerk of the Bankruptcy Court enters the Confirmation Order on the docket of the Bankruptcy Court. “Confirmation Hearing” means the hearing(s) on Confirmation of the Plan, to be held on the date or dates established by the Bankruptcy Court pursuant to section 1129 of the Bankruptcy Code, as it may be adjourned or continued from time to time. “Confirmation Order” means the order entered by the Bankruptcy Court confirming the Plan in accordance with the provisions of chapter 11 of the Bankruptcy Code, in form and substance reasonably acceptable to the Debtor. “Court” means the United States Bankruptcy Court for the Western District of Texas, San Antonio Division, or, as the context requires, any other court of competent jurisdiction exercising jurisdiction over the Liquidating Case.

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“Credit Agreement” means the Credit Agreement dated as of July 23, 2015 (as amended by a Forbearance Agreement and Amendment No. 1 to Credit Agreement, dated as of June 7, 2016, and an Amendment No. 2 to Credit Agreement and Limited Waiver, dated as of July 22, 2016, and as otherwise amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among (i) First River Energy Holdings, LLC f/k/a First River Energy, LLC as borrower (ii) the Debtor as a guarantor, (iii) Deutsche Bank AG, New York Branch as Lender, Issuing Lender, Swing Line Lender, and Collateral Agent, Deutsche Bank Trust Company Americas as Administrative Agent (the “Agent”), and (iv) the several banks and other financial institutions or entities from time to time parties to the Credit Agreement. “Clerk” means the Clerk of the Bankruptcy Court. “Clerk’s Office” means the Office of the Clerk of the Bankruptcy Court located at the Hipolito F. Garcia Federal Building and United States Courthouse, 615 East Houston Street, Room 957, San Antonio, Texas 78205. “Collateral” means Property in which an Estate has an interest and that secures, in whole or part, whether by agreement, statute, or judicial decree, the payment of a Claim. “Confirmation” or “Confirmation of the Plan” means the approval of the Plan by the Bankruptcy Court at the Confirmation Hearing. “Confirmation Date” means the date on which the Confirmation Order is entered on the Docket pursuant to Bankruptcy Rule 5003(a). “Confirmation Hearing” means the hearing which will be held before the Bankruptcy Court to consider Confirmation of the Plan and related matters pursuant to Section 1128(a) of the Bankruptcy Code, as such hearing may be adjourned or continued from time to time. “Confirmation Order” means the order of the Bankruptcy Court in the Liquidating Case confirming the Plan pursuant to Section 1129 and other applicable sections of the Bankruptcy Code. “Consummation” means the occurrence of the Effective Date of the Plan. “Creditor” means the Holder of a Claim, within the meaning of Section 101(10) of the Bankruptcy Code, including Creditors with Administrative Expenses, Priority Claims, Bank Group Claim, Other Secured Claim, and Unsecured Claims. “De Minimis Claim” means any creditor that has an aggregate Allowed claim in total of $684.00 or less, which based on 3% distribution would be less than a $25.00 distribution. “Debt” has the meaning ascribed to such term in Section 101(12) of the Bankruptcy Code. “Debtor” means First River Energy, LLC, the Debtor in this Chapter 11 Case. “Debtor in Possession” means First River Energy, LLC, as debtor in possession in the Liquidating Case.

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“Deutsche Claim” or “Lenders’ Claim” means collectively, claims of the banks or financial institutions that are parties to the Credit Agreement. “Disallowed Claim” means any Claim which has been disallowed by an order of the Bankruptcy Court, which order has not been stayed pending appeal. “Disclosure Statement” means the Debtor’s Second Amended Disclosure Statement for the Debtor’s Second Amended Plan of Liquidation under Chapter 11 of the United States Bankruptcy Code dated June 30, 2021, including all amendments, exhibits, appendices, and schedules attached thereto, as submitted and filed by the Debtor pursuant to Section 1125 of the Bankruptcy Code in respect of the Liquidating Case and approved by the Bankruptcy Court in the Disclosure Statement Approval Order, and as such Disclosure Statement may be amended, supplemented, modified or amended and restated from time to time. “Disclosure Statement Approval Order” means the Order Approving the Debtor’s Disclosure Statement and Fixing Time for Filing Acceptances or Rejections of the Debtor’s Plan, Combined with Notice of Hearing on Confirmation of Plan to be entered in the Liquidating Case. “Disputed Claim” means any Claim (other than a Disallowed Claim) that is not an Allowed Claim and (a) as to which a Proof of Claim has been filed or is deemed filed under applicable law or order of the Bankruptcy Court, or (b) as to which no Proof of Claim has been filed but which has been scheduled in the Schedules as disputed, contingent or unliquidated, and, as to which an objection has been or may be timely filed or deemed filed under the Plan, the Bankruptcy Code, the Bankruptcy Rules or an order of the Bankruptcy Court and any such objection has not been (i) withdrawn, (ii) overruled or denied by an order of the Bankruptcy Court, or (iii) sustained by an order of the Bankruptcy Court. To the extent an objection relates to the allowance of only a part of a Claim, such Claim shall be a Disputed Claim only to the extent of the objection. “Disputed Claim Reserve” means the reserve account established upon Confirmation to satisfy all Disputed Claims, to the extent that such claims become Allowed Claims pursuant to a Final Order of the Bankruptcy Court or upon written agreement between the Plan Administrator and the Claim holder. “Disbursing Agent” means Donlin Recano & Co., Inc. “Distribution Date” means, excepts as otherwise provided in this Plan, the date or dates on which the Plan Administrator determines to distribute of Cash to Holders of Allowed Claims. “Docket” means the docket in the Liquidating Case maintained by the Clerk. “Effective Date” means, and shall occur on, the first Business Day on which all of the conditions to the occurrence of the Effective Date contained in Article 11 of the Plan have been satisfied or waived (as provided in Article 11 of the Plan). “Entities Entitled to Notice” means (a) the Debtor and the Debtor’s counsel; (b) the Plan Administrator and his counsel; (c) the United States Trustee; (d) the Plan Administrator; and (e) all parties then set forth on the Master Service List.

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“Entity” has the meaning ascribed to such term in Section 101(15) of the Bankruptcy Code. “Equity Interests” means the ownership interests in the Debtor. “Estate” means the estate created for the Debtor by Section 541 of the Bankruptcy Code upon the filing of the voluntary petition by the Debtor. “Estimation Hearing” means a hearing for the estimation of Claims under Section 502(c) of the Bankruptcy Code. “Executory Contract” means a contract or lease to which the Debtor is a party that is subject to assumption or rejection under sections 365 or 1123 of the Bankruptcy Code. “Exhibit” means an exhibit annexed to the Plan or to the Disclosure Statement, as the context requires. “Fee Claims” means an Administrative Claim under section 330(a), 331 or 503 of the Bankruptcy Code for compensation of a Professional or other Person for services rendered or expenses incurred in the Chapter 11 Case on or prior to the Effective Date. “Final Decree Date” means the date on which a Final Order, obtained after a hearing on notice to all Entities Entitled to Notice and such other entities as the Bankruptcy Court may direct, has been entered determining that the Liquidating Case should be closed. “Final Order” means (a) an order, judgment, ruling or other decree (or any revision, modification or amendment thereto) issued and entered by the Bankruptcy Court or by any state or other federal court as may have jurisdiction over any proceeding in connection with the Liquidating Case for the purpose of such proceeding, which order, judgment, ruling or other decree has not been reversed, vacated, stayed, modified or amended and as to which (i) no appeal, petition for review, reargument, rehearing, reconsideration or certiorari has been taken and is pending and the time for the filing of such appeal, petition for review, reargument, rehearing, reconsideration or certiorari has expired, or (ii) such appeal or petition has been heard and dismissed or resolved and the time to further appeal or petition has expired with no further appeal or petition pending; or (b) a stipulation or other agreement entered into which has the effect of any such aforesaid order, judgment, ruling or other decree with like finality. “First Purchaser Collateral” means the proceeds of oil sold to the Debtor which are determined to be the Collateral for liens asserted pursuant to Okla. Stat. Ann. tit. 52 (the “Oklahoma Lien Act”) § 549. “FRE” means Debtor First River Energy, LLC. “General Unsecured Claim” means any unsecured pre-petition Claim against the Debtor that is not entitled to priority under the Bankruptcy Code or any order of the Bankruptcy Court. “Governmental Authority” means any agency, board, bureau, executive, court, commission, department, legislature, tribunal, instrumentality or administration of the United

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States, a foreign country or any state, or any provincial, territorial, municipal, state, local or other governmental Entity in the United States or a foreign country. “Holder” means (a) as to any Claim, (i) the owner or holder of such Claim as such is reflected on the Proof of Claim filed with respect to such Claim, or (ii) if no Proof of Claim has been filed with respect to such Claim, the owner or holder of such Claim as shown on the Schedules or books and records of the Debtor or as otherwise determined by order of the Bankruptcy Court, or (iii) if the owner or holder of such Claim has transferred the Claim to a third party and advised the Debtor in writing of such transfer and provided sufficient written evidence of such transfer, the transferee; and (b) as to any Equity Interest, the record owner or holder of such Equity Interest as of the Petition Date as shown on the stock register that is maintained by the Debtor, or as otherwise determined by order of the Bankruptcy Court. “Impaired” refers to any Claim or Equity Interest that is impaired within the meaning of Section 1124 of the Bankruptcy Code. “Indemnification Rights” means any obligations or rights of the Debtor to indemnify, reimburse, advance, or contribute to the losses, liabilities or expenses of an Indemnitee pursuant to the Debtor’s articles of incorporation, bylaws, policy of providing employee indemnification, applicable law, or specific agreement in respect of any claims, demands, suits, causes of action or proceedings against an Indemnitee based upon any act or omission related to an Indemnitee’s service with, for, or on behalf of the Debtor. “Indemnitee” means all present and former directors, officers, employees, agents or representatives of the Debtor who are entitled to assert Indemnification Rights. “Insider” has the meaning ascribed to it in Section 101(31) of the Bankruptcy Code. “Insurance Coverage” means any insurance coverage under any Insurance Policy which is available for the payment of liability or damages. “Insurance Policy” means any insurance policy in effect at any time on or before the Effective Date naming the Debtor (or any predecessor, subsidiary, or past or present Affiliate of the Debtor) as an insured, or otherwise affording the Debtor (or any predecessor, subsidiary, or past or present Affiliate of the Debtor) Insurance Coverage, upon which any claim has been or may be made with respect to any Claim. “Interests” means (i) any Equity Interests, including all membership interests, shares or similar securities, whether or not transferable or denominated “stock” and whether issued, unissued, authorized or outstanding; (ii) any warrant, option, or contractual right to purchase, sell, subscribe or acquire such Equity Interests at any time and all rights arising with respect thereto; and (iii) any similar interest in the Debtor. “Lenders” means banks or financial institutions that are parties to the Credit Agreement. “Liabilities” means any and all liabilities, obligations, judgments, damages, charges, costs, Debts, and indebtedness of any and every kind and nature whatsoever, whether heretofore, now or hereafter owing, arising, due or payable, direct or indirect, absolute or contingent, liquidated or

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unliquidated, known or unknown, foreseen or unforeseen, in law, equity or otherwise, of or relating to the Debtor or any affiliate, subsidiary, predecessor, successor or assign thereof, or otherwise based in whole or in part upon any act or omission, transaction, event or other occurrence taking place prior to the Effective Date in any way relating to the Debtor or any affiliate, subsidiary, predecessor, successor or assign thereof, any assets of the Debtor, the business or operations of the Debtor, the Liquidating Case, or the Plan, including any and all liabilities, obligations, judgments, damages, charges, costs, Debts, and indebtedness based in whole or in part upon any Claim of or relating to successor liability, transferee liability, or other similar theory. “Liquidating Debtor” means First River Energy, LLC, the Debtor in this Chapter 11 Case after the Effective Date. “Lien” means a judicial lien as defined in section 101(36) of the Bankruptcy Code; a lien as defined in section 101(37) of the Bankruptcy Code; a security interest as defined in section 101(51) of the Bankruptcy Code; a statutory lien as defined in section 101(53) of the Bankruptcy Code; and any other lien, interest, charge or encumbrance. “Lien Claimants’ Adversary Proceeding” means the case styled Deutsche Bank Trust Company Americas, Agent v. First River Energy, LLC et al., Adv. Pro. No 18-05015-cag, pending before the Bankruptcy Court, - “Liquidating Case” means the Case commenced in the Bankruptcy Court by the Debtor on the Petition Date. “Local Rules” means the Local Rules of the United States Bankruptcy Court for the Western District of Texas, as in effect on the Petition Date, together with all amendments and modifications thereto that were subsequently made applicable to the Liquidating Case. “Non-Oil General Unsecured Claim” means any Allowed General Unsecured Claim, other than a Claim designated by Class 4 and which is not related to an interest in oil sold to the Debtor, and as identified in Debtor’s Plan Supplement. “NuStar” means NuStar Crude, NuStar Pipeline Operating Partnership, LP and NuStar Logistics LP a/k/a NuStar Crude Oil Pipeline LP and affiliates. “NuStar claims” means collectively the claims filed by NuStar Logistics LP a/k/a NuStar Crude Oil Pipeline LP as an unsecured claim in the amount of $16,544,117 and the unsecured claim filed by NuStar Pipeline Operating Partnership LP a/k/a NuStar Crude Oil Pipeline LP in the amount of $3,389,416. “Oklahoma Owner Secured Claim” means U. S. Energy Development Corporation’s claim for oil sold to the Debtor from Oklahoma production which is secured by statutorily created first-priority, perfected purchase money security interests in the proceeds of the oil and condensate pursuant to Okla. Stat. Ann. tit. 52 (the “Oklahoma Lien Act”) § 549. This claim includes all claims owned by royalty or other interest owners in wells operated by USED in Oklahoma. “Oil General Unsecured Claim” means any Allowed General Unsecured Claim for oil sold to the Debtor, and the holder of such Claim does not also hold a 503(b)(9) Claim.

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“Other Secured Claim” means any Claim that consists solely of secured ad valorem claims. “Overriding Royalty Interest” means an interest in oil free of the expense of production. “Owners” means owners of working interest, royalty, and Overriding Royalty Interest in oil wells and producers who sold oil to the Debtor. “Person” means any person, individual, corporation, association, partnership, limited liability company, joint venture, trust, organization, business, government, governmental agency or political subdivision thereof, or any other entity or institution of any type whatsoever, including any “person” as such term is defined in Section 101(41) of the Bankruptcy Code. “Petition Date” means January 12, 2018, the date the petition for voluntary bankruptcy was filed in the Liquidating Case. “Plan” means the Debtor’s Second Amended Plan of Liquidation under Chapter 11 of the United States Bankruptcy Code dated June 30, 2021, and all Exhibits to the Plan, as the same may be amended, supplemented, modified or amended and restated from time to time in accordance with the provisions of the Plan and the Bankruptcy Code. “Plan Administrator” means the agent appointed pursuant to Article 9.5 of the Plan as of the Effective Date to serve in such capacity from and after that date as set forth in the Plan. The initial Plan Administrator shall be Deborah Kryak, and the term shall include any successor thereto appointed pursuant to the provisions of the Plan or an order of the Bankruptcy Court. “Plan Documents” means all documents that aid in effectuating the Plan, including but not limited to the Plan and all Exhibits to the Plan and the Plan Supplement. “Plan Supplement” means the supplemental appendix to this Plan, to be filed no later than fourteen (14) calendar days prior to the commencement of the Confirmation Hearing, which will contain, among other things, draft forms or signed copies, as the case may be, of the Plan Supplement Documents. “Plan Supplement Documents” means the documents to be included in the Plan Supplement, including the forms of documents to be executed, delivered and/or performed in connection with the implementation and consummation of this Plan. “Post-petition” means arising or accruing on or after the Petition Date and before the Effective Date. “Pre-petition” means arising or accruing prior to the Petition Date. “Priority Claim” means a Claim that is entitled to a priority in payment pursuant to subparagraphs (3) through (7) of Section 507(a) of the Bankruptcy Code and that is not an Administrative Expense Claim, a Secured Claim, a Subordinated Claim, or an Unsecured Claim. “Producers” means the operators of wells that sold oil to the Debtor.

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“Professional” means any professional employed in the Liquidating Case with the approval of the Bankruptcy Court pursuant to Section 327 or 1103 of the Bankruptcy Code. “Proof of Claim” means a proof of claim filed with the Bankruptcy Court with respect to the Debtor pursuant to Bankruptcy Rule 3001, 3002 or 3003. “Property” means any property or Asset of any kind, whether real, personal or mixed, tangible or intangible, whether now existing or hereafter acquired or arising, and wherever located, and any interest of any kind therein. “Pro rate” or “Pro Rata Share” means, with respect to any distribution under the Plan to the Holder of an Allowed Claim in a particular Class or otherwise, a fraction, the numerator of which shall be the amount of such Holder’s Allowed Claim and the denominator of which shall be the sum of all Allowed Claims and all Disputed Claims in such Class and, if applicable, other Classes, all determined as of the applicable Distribution Date. “Rejected Contracts” has the meaning ascribed to such term in Article 8.1 of the Plan. “Released Parties” has the meaning assigned to such term in Article 12 of the Plan. “Rules” means the Bankruptcy Rules. “Schedules” means, collectively, the schedules of assets and liabilities and the statements of financial affairs filed by the Debtor in the Liquidating Case pursuant to Bankruptcy Rule 1007, as such schedules or statements have been or may be amended or supplemented from time to time. “Secured Claim” means any Claim that is (a) secured in whole or in part, as of the Petition Date, by a Lien which is valid, perfected and enforceable under applicable law and is not subject to avoidance under the Bankruptcy Code or applicable non-bankruptcy law, or (b) subject to setoff under Section 553 of the Bankruptcy Code, but, with respect to both (a) and (b) above, only to the extent of the applicable Estate’s interest in the value of the Collateral securing any such Claim or the amount subject to setoff, as the case may be. Except as otherwise provided in the Plan, if the value of a Creditor’s interest in an Estate’s interest in the Collateral securing such Claim or the amount subject to setoff is less than the amount of the Allowed Claim, then such deficiency shall constitute an Unsecured Claim. “Secured Creditor” means any Creditor holding a Secured Claim. “Unclaimed Property” means any Cash or other distributable property unclaimed on or after a Distribution Date including but not limited to: (a) checks (and the funds represented thereby) mailed to a Distribution Address and returned as undeliverable without a proper forwarding address; (b) funds for uncashed checks; and (c) checks (and the funds represented thereby) not mailed or delivered because no Distribution Address to mail or deliver such property was available, notwithstanding efforts by the Debtor or the Plan Administrator to locate such address which were reasonable under the circumstances. “Unimpaired” refers to a Claim that is not Impaired.

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“United States Trustee” means the Office of the United States Trustee for the Western District of Texas. “Unsecured Claim” means any Claim which is not an Administrative Expense Claim, Fee Claim, 503(b)(9) Claim, Priority Claim, Subordinated Claim, Lenders Claim, Owners Claim, or Other Secured Claim, including (a) any Claim arising from the rejection of an executory contract or unexpired lease under Section 365 of the Bankruptcy Code, (b) any portion of a Claim to the extent the value of the Creditor’s interest in the applicable Estate’s interest in the Collateral securing such Claim is less than the amount of the Allowed Claim, or to the extent that the amount of the Claim subject to setoff is less than the amount of the Allowed Claim, as determined pursuant to Section 506(a) of the Bankruptcy Code, (c) any Claims arising from the provision of goods or services to the Debtor prior to the Petition Date, and (d) any Claim designated as an Unsecured Claim elsewhere in the Plan. “Unsecured Creditor” means any Creditor holding an Unsecured Claim. “USED” means U.S. Development Corporation. “Voting Classes” means classes of claims that are Impaired. “Voting Deadline” means the last day to file a Ballot accepting or rejecting the Plan as fixed by the Disclosure Statement Approval Order. “Voting Instructions” means the instructions for voting on the Plan contained in the section of the Disclosure Statement entitled “Voting Instructions.” 2.2 Rules of Construction. 2.2.1 Any capitalized term used in the Plan that is not defined in the Plan but that is defined in the Bankruptcy Code or the Bankruptcy Rules shall have the meaning ascribed to that term in the Bankruptcy Code or the Bankruptcy Rules, as the case may be (with the Bankruptcy Code or the Bankruptcy Rules, as the case may be, controlling in the case of a conflict or ambiguity). 2.2.2 For purposes of the Plan: (a) whenever from the context it is appropriate, each term, whether stated in the singular or the plural, shall include both the singular and the plural; (b) any reference in the Plan to a contract, instrument, release, indenture or other agreement or document being in a particular form or on particular terms and conditions means that such contract, instrument, release, indenture or other agreement or document shall be substantially in such form or substantially on such terms and conditions; (c) any reference in the Plan to an existing document or Exhibit means such document or Exhibit as it may have been or may be amended, modified or supplemented; (d) if the Plan’s description of the terms of an Exhibit is inconsistent with the terms of the Exhibit, the terms of the Exhibit shall control; (e) unless otherwise specified, all references in the Plan to Articles and Exhibits are references to Articles and Exhibits of or to the Plan; (f) unless the context requires otherwise, the words “herein,” “hereunder” and “hereto” refer to the Plan in its entirety rather than to a particular Article or section or subsection of the Plan; (g) any phrase containing the term “include” or “including” shall mean including without limitation; (h) all of the Exhibits referred to in the Plan shall be deemed incorporated herein by such reference

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and made a part hereof for all purposes; (i) any reference to an Entity as a Holder of a Claim or Equity Interest includes that Entity’s successors and assigns; and (j) the rules of construction set forth in Section 102 of the Bankruptcy Code shall apply in the construction of the Plan, to the extent such rules are not inconsistent with any other provision in this Article 2.2. ARTICLE 3 TREATMENT OF ADMINISTRATIVE EXPENSE CLAIMS AND 503(B)(9) CLAIMS In accordance with Section 1123(a)(1) of the Bankruptcy Code, Administrative Expense Claims have not been classified in the Plan. The treatment accorded to Administrative Expense Claims is set forth in Article 3. 3.1 Administrative Claims. 3.1.1 Administrative Expense Claims include any right to payment constituting a cost or expense of administration of the Chapter 11 Case of a kind specified under section 503(b) of the Bankruptcy Code and entitled to priority under sections 507(a)(2), 507(b) or 1114(e)(2) of the Bankruptcy Code, including, without limitation, any actual and necessary costs and expenses of preserving the Debtor’s estate, any actual and necessary costs and expenses of operating the Debtor’s business, and the wind-up, any indebtedness or obligations incurred or assumed by the Debtor in Possession in connection with the conduct of its business, including, without limitation, for the acquisition or lease of property or an interest in property or the rendition of services, all compensation and reimbursement of expenses to the extent awarded by the Court under sections 330, 331 or 503 of the Bankruptcy Code, or any fees or charges assessed against the Debtor’s estate under section 1930 of chapter 123 of title 28 of the United States Code, excluding all 503(b)(9) Claims which are treated separately. For avoidance of doubt, 503(b)(9) Claims shall be treated separately as set forth in Article 6.4 of the Plan. 3.1.2 Each holder of an Allowed Administrative Expense Claim shall receive from the Debtor or Plan Administrator (a) Cash in an amount equal to the amount of such Allowed Administrative Expense Claim on the later of the Effective Date and the date such Administrative Expense Claim becomes an Allowed Administrative Expense Claim, or as soon thereafter as is practicable, or (b) such other treatment as the Debtor or Plan Administrator and such holder shall have agreed upon in writing; provided, however, that Allowed Administrative Expense Claims incurred in the ordinary course of the Debtor’s business shall be paid when due.. 3.1.3 Unless a prior date has been established pursuant to the Bankruptcy Code, the Bankruptcy Rules or a prior order of the Court, the Confirmation Order will establish a bar date for filing applications for allowance of Administrative Expense Claims, which date will be the first business day that is thirty (30) days after the Effective Date. Holders of Administrative Expense Claims not paid prior to the Effective Date shall submit requests for payment on or before the applicable Administrative Expense Claims Bar Date or forever be barred from doing so. The notice of confirmation to be delivered pursuant to Bankruptcy Rules 3020(c) and 2002(f) will set forth the Administrative Expense Claims Bar Date and constitute good and sufficient notice of the Administrative Expense Claims Bar Date. The Debtor or Plan Administrator shall have thirty (30) days (or such longer period as may be allowed by order of the Court, which may be entered without

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notice or a hearing) following the Administrative Claims Bar Date to review and object to all Administrative Expense Claims. 3.1.4 Any pre-confirmation United States Trustee fees shall be paid on or before the Effective Date in accordance with 11 U.S.C. § 1129(a)(12). The Liquidating Debtor shall pay any United States Trustee that become due after the Effective Date. 3.2 Fee Claims. 3.2.1 Fee Claims are Administrative Expense Claims under sections 330(a), 331 or 503 of the Bankruptcy Code for compensation of a Professional or other Person for services rendered or expenses incurred in the Chapter 11 Case on or prior to the Effective Date.33.2.2 All requests for compensation or reimbursement of Fee Claims pursuant to sections 327, 328, 330, 331, 503 or 1103 of the Bankruptcy Code for services rendered prior to the Effective Date shall be filed and served on the Debtor, counsel to the Debtor, the United States Trustee, Plan Administrator and such other entities who are designated by the Bankruptcy Rules, the Confirmation Order or other order of the Court, no later than September 10, 2021. Holders of Fee Claims that are required to file and serve applications for final allowance of their Fee Claims and that do not file and serve such applications by the required deadline shall be forever barred from asserting such Claims against the Debtor, or their respective properties, and such Fee Claims shall be deemed discharged as of the Effective Date. Objections to any Fee Claims must be filed and served on the Debtor, counsel for the Debtor, Plan Administrator, counsel for the Plan Administrator and the requesting party no later than twenty-one (21) days after the applications are filed. 3.2.3 Fee Claims shall be paid in full pursuant to the amount allowed by the Bankruptcy Court. ARTICLE 4 DESIGNATION OF CLASSES OF CLAIMS AND EQUITY INTERESTS Pursuant to Section 1122 of the Bankruptcy Code, set forth below is a designation of Classes of Claims and Equity Interests. In accordance with Section 1123(a)(1) of the Bankruptcy Code, Administrative Expense Claims, and Fee Claims are not classified and are excluded from the Classes set forth in Articles 6.2 through 6.9 below. The treatment accorded Administrative Expense Claims and Fee Claims is set forth in Article 3 of the Plan. A Claim or Equity Interest (a) is classified in a particular Class only to the extent the Claim or Equity Interest qualifies within the description of that Class and (b) is classified in a different Class to the extent the Claim or Equity Interest qualifies within the description of that different Class. 3 For the avoidance of doubt, claims by Lenders against Debtor for compensation for professional services and related fees pursuant to the Credit Agreement are not Fee Claims.

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ARTICLE 5 CLASSIFICATION OF CLAIMS AND INTERESTS 5.1 Classification in General. A Claim or Interest is placed in a particular Class for all purposes, including voting, confirmation, and distribution under this Plan and under sections 1122 and 1123(a)(1) of the Bankruptcy Code; provided however,that a Claim or Interest is placed in a particular Class for the purpose of receiving distributions pursuant to this Plan only to the extent that such Claim or Interest is an Allowed Claim or Allowed Interest in that Class and such Claim or Interest has not been satisfied, released, or otherwise settled prior to the Effective Date. 5.2 Summary of Classification. The following table designates the Classes of Claims against and Interests in the Debtor and specifies which of those Classes are (a) Impaired or Unimpaired by the Plan, (b) entitled to vote to accept or reject the Plan in accordance with section 1126 of the Bankruptcy Code, and (c) deemed to accept or reject the Plan. In accordance with section 1123(a)(1) of the Bankruptcy Code, Administrative Expense Claims and Fee Claims have not been classified and, thus, are excluded from the Classes of Claims and Interests set forth in this Section 3. The Debtor may not have holders of Claims or Interests in a particular Class or Classes, and such Classes shall be treated as set forth in Article 5.5. Class Designation Treatment Projected Entitled to Vote Recovery 1 Priority Claims Unimpaired 100% No (presumed to accept) (Tax Claims) 2 Oklahoma Owner Unimpaired 100% No (presumed to accept) Secured Claims 3 503(b)(9) Claims Impaired 65.57% – Yes 70.57%4 4 Oil General Impaired 3%5 Yes Unsecured Claims 5 Non- Oil General Impaired 3%6 Yes Unsecured Claims 6 Non-Voting De Impaired 0% No (presumed to reject) Minimis Claims 7 Lenders’ Claim Unimpaired 0% No(presumed to accept) 8 Equity Interests Impaired 0% No(presumed to reject) 4 Projected recoveries for Class 3, Class 4, and Class 5 were projected based on projections of allowed claims and remaining Cash in the estate. Projected recoveries will be affected by, among other things, the ultimate pool of Allowed Claims in each such Class. including any potential decrease in each pool as a result of objections to filed or scheduled claims, the amount of wind-down and Plan Administrator expenses. 5 See footnote 16 above. 6 See footnote 16 above.

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5.3 Special Provision Governing Unimpaired Claims. Except as otherwise provided in the Plan, nothing under the Plan shall affect the rights of the Debtor or the Plan Administrator, as applicable, in respect of any Unimpaired Claims, including all rights in respect of legal and equitable defenses to, or setoffs or recoupments against, any such Unimpaired Claims. 5.4 Elimination of Vacant Classes. Any Class of Claims or Interests that, as of the commencement of the Confirmation Hearing, does not have at least one holder of a Claim or Interest that is Allowed in an amount greater than zero for voting purposes shall be considered vacant, deemed eliminated from the Plan for purposes of voting to accept or reject the Plan, and disregarded for purposes of determining whether the Plan satisfies section 1129(a)(8) of the Bankruptcy Code with respect to that Class. 5.5 Voting Classes; Presumed Acceptance by Non-Voting Classes. If a Class contains Claims or Interests eligible to vote and no holders of Claims or Interests eligible to vote in such Class vote to accept or reject the Plan, the Debtor shall request the Bankruptcy Court at the Confirmation Hearing to deem the Plan accepted by the holders of such Claims or Interests in such Class. 5.6 Confirmation Pursuant to Sections 1129(a)(10) and 1129(b) of the Bankruptcy Code. The Debtor shall seek Confirmation of the Plan pursuant to section 1129(b) of the Bankruptcy Code with respect to any rejecting Class of Claims. The Debtor reserves the right to modify the Plan, to the extent, if any, that Confirmation pursuant to section 1129(b) of the Bankruptcy Code requires modification, including by modifying the treatment applicable to a Class of Claims or Interests to render such Class of Claims or Interests Unimpaired to the extent permitted by the Bankruptcy Code and the Bankruptcy Rules. ARTICLE 6 TREATMENT OF CLASSIFIED CLAIMS AND EQUITY INTERESTS Claims and Equity Interests shall be treated under the Plan in the manner set forth in this Article 6. 6.1 Unclassified Claims. Allowed Administrative Expense Claims and Fee Claims shall receive the treatment set forth in Article 3 of the Plan. 6.2 Priority Claims: Class 1. Each Holder of an Allowed Priority Claim shall be paid on the later to occur of the Effective Date or the date such claim becomes an Allowed Claim, or as soon as reasonably practicable thereafter in (a) an amount, in Cash, equal to the Allowed Amount of its Priority Claim,

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in accordance with Section 1129(a)(9)(B) of the Bankruptcy Code, (b) under such other terms as may be agreed upon by both the Holder of such Allowed Priority Claim and the Plan Administrator, or (c) as otherwise ordered by a Final Order of the Bankruptcy Court. Class 1 is Unimpaired. 6.3 Oklahoma Owner Secured Claim: Class 2. Class 2 consists of holders of Allowed Oklahoma Owner Secured Claims who have established that they hold a perfected First Purchaser Lien in the First Purchaser Collateral under Oklahoma law. Each Holder of an Allowed Oklahoma Secured Claim shall be paid on the later of October 1, 2021 or the date such claim becomes an Allowed Claim, or as soon as reasonably practicable thereafter in (a) an amount, in Cash, equal to the Allowed Amount of its Oklahoma Secured Claim, in accordance with Section 1129(a)(9)(B) of the Bankruptcy Code, (b) under such other terms as may be agreed upon by both the Holder of such Allowed Priority Claim and the Plan Administrator, or (c) as otherwise ordered by a Final Order of the Bankruptcy Court. Class 2 is Unimpaired. 6.4 503(b)(9) Claim: Class 3. Class 3 consists of holders of Allowed 503(b)(9) Claims. For avoidance of doubt, Class 3 consists of 503(b)(9) Claims identified in Debtor’s Plan Supplement, unless the Debtor or Plan Administrator agree with claimant on a different amount or the Court authorizes a different claim amount. Each Holder of an Allowed 503(b)(9) Claim will receive a pro rata share of the remaining Cash after all other claims and expenses are paid pursuant to the terms of the Plan. Class 3 is Impaired. 6.5 Oil General Unsecured Claims: Class 4. Class 4 consists of holders of Allowed Oil General Unsecured Claims. Except to the extent that a holder of an Allowed Oil General Unsecured Claim agrees to a different treatment of such Claim, each holder of an Allowed Oil General Unsecured Claim against the Debtor shall receive Cash a pro rata share of Class 4 Distribution paid on the later of October 1, 2021 or as soon as practicable after the date such Claim becomes an Allowed Claim. Class 4 is Impaired. 6.6 Non-Oil General Unsecured Claims: Class 5. Class 5 consists of holders of Allowed Non-Oil General Unsecured Claims. Except to the extent that a holder of an Allowed Non-Oil General Unsecured Claim agrees to a different treatment of such Claim, each holder of an Allowed Oil General Unsecured Claim against the Debtor shall receive Cash a pro rata share of Class 5 Distribution on or before the later of October 1, 2021 or as soon as practicable after the date on which the Claim becomes an Allowed Claim. Under no circumstances shall any holder of an Allowed General Unsecured Claim receive more than payment in full of such Claim.

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Class 5 is Impaired. 6.7 De Minimis Claims: Class 6. Class 6 consists of all De Minimis Claims (for avoidance of doubt means any creditor that Allowed claims in total are $25.00 or less). Class 6 is Impaired and is deemed to reject this Plan. 6.8 Lenders’ Secured Claim: Class 7. Class 7 consists of the Allowed Claim of the Lenders, which has been paid in full pursuant to the Pay Order. Class 7 is unimpaired and deemed to accept the Plan. 6.9 Equity Interests: Class 8. The Holders of Equity Interests in the Debtor shall be cancelled without further action or order of the Bankruptcy Court and all holders of Equity Interests shall not receive or retain any property under this Plan. Class 8 is Impaired and is deemed to reject this Plan. 6.10 Comprehensive Settlement of Claims and Controversies. 6.10.1 Generally. Pursuant to Bankruptcy Code sections 1123(a)(5), 1123(b)(3), and 1123(b)(6), as well as Bankruptcy Rule 9019, and in consideration for the Distributions and other benefits provided under the Plan, the provisions of the Plan will constitute a good faith compromise and settlement of all claims and controversies relating to the rights that a Holder of a Claim or an Equity Interest may have against any Debtor with respect to any Claim, Equity Interest, or any Distribution on account thereof. As well as the provisions of the Plan will constitute a good faith compromise and settlement of the Debtor relating to (i) all potential causes of auction under 11 U.S.C. § 547 (Preferences), (ii) all potential causes of action under 11 U.S.C. § 548 (Fraudulent Transfers), (iii) Causes of Action, and (iv) 503(b)(9) Claim liability. The entry of the Confirmation Order will constitute the Bankruptcy Court’s approval, as of the Effective Date, of the compromise or settlement of all such claims or controversies and the Bankruptcy Court’s finding that all such compromises or settlements are (i) in the best interest of the Debtor, the Estate, and their respective property and stakeholders; and (ii) fair, equitable, and reasonable. 6.10.2 Debtor’s Settlement with NuStar NuStar has agreed with respect to the NuStar Claims it collectively will have an Allowed unsecured claim in the amount of $16,000,000 and share pro rata with Class 5 in the Class 5 Distribution. NuStar has agreed and understands that the Debtor and/or Plan Administrator will file limited or no objections to claims in Class 5 and will not file any objections to the NuStar Claims. Confirmation of the plan will effect a release of any and all claims the Debtor or any party acting in whole or in part with or through the Debtor could have asserted or may assert in the future against NuStar including, without limitation, any claim which was or could have been asserted in the First River Complaint, the NuStar Complaint

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or any claim or cause of action which was or could have been asserted under the Throughput and Deficiency Agreement dated September 30, 2013 (“T&D Agreement”), Master Terminal Services Agreement No. 13-11-1397 and a Terminal Services Schedule No. 13-11-1397/STS-01, both dated November 6, 2013 (collectively, the “MTS Agreement”). NuStar has agreed it will timely vote to accept the Plan, subject to determination of the amount of Allowed Claims in Class 5. 6.10.3 503(b)(9) claims. Another significant dispute exists regarding identifying the correct 503(b)(9) claimants in this Chapter 11 Case. The Plan resolves all disputes about the nature of 503(b)(9) claims. The Debtor’s compromise proposes it will pay those 503(b)(9) Claims as identified in Debtor’s Plan Supplement, unless the Debtor agrees with a claimant for a different amount or the Court orders a different amount. The Plan Supplement will contain the proposed distribution to 503(b)(9) claimants. To the extent any claimant disagrees, such dispute will be resolved either by (i) a stipulation with the Debtor prior to Confirmation, (ii) a Court order determining the claim amount or (iii) following confirmation, an agreement with the Plan Administrator. To the extent producers have paid royalty interests, the producers will be entitled to the 503(b)(9) payment in lieu of such going to the royalty interest owner provided they supply the Debtor with sufficient information to determine the royalty owner that was paid. In addition, the plan provides for 503(b)(9) claimants to receive a reduced recovery in exchange for a release from any liability resulting from transfers within the preference period and in order that all creditors gain from avoiding costly professional fees and thus maximizing distribution to creditors, including Allowed 503(b)(9) Claims. Further, the settlement facilitates the 503(b)(9) claimants, as well as all other creditors who are to receive distributions, receiving a distribution sooner than without a settlement. 6.10.4 Actions Pursuant to 11 U.S.C. § 547 (Preference) and 11 U.S.C. § 548 (Fraudulent Transfers). Pursuant to the Debtor’s proposed compromise it will not investigate, prepare and file avoidance actions and thereby avoid substantial professional fees. Further, the settlement insures that all creditors with allowed claims will receive a distribution. ARTICLE 7 ACCEPTANCE OR REJECTION OF THE PLAN 7.1 Each Impaired Class Entitled to Vote Separately. The Holders of Claims in each Impaired Class of Claims shall be entitled to vote separately to accept or reject the Plan. 7.2 Acceptance by Impaired Classes. Classes 3, 4, and 5 are Impaired under the Plan. Pursuant to Section 1126(c) of the Bankruptcy Code, an Impaired Class of Claims shall have accepted the Plan if (a) the Holders (other than any Holder designated pursuant to Section 1126(e) of the Bankruptcy Code) of at least two-thirds in dollar amount of the Allowed Claims actually voting in such Class have voted to accept the Plan and (b) the Holders (other than any Holder designated pursuant to Section 1126(e) of the Bankruptcy Code) of more than one-half in number of the Allowed Claims actually voting in such Class have voted to accept the Plan. If a Holder of a Claim holds more than one Claim in

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any one Class, all Claims of such Holder in such Class shall be aggregated and deemed to be one Claim for purposes of determining the number of Claims in such Class voting on the Plan. Pursuant to Section 1126(d) of the Bankruptcy Code, an Impaired Class of Equity Interests shall have accepted the Plan if the Holders (other than any Holder designated pursuant to Section 1126(e) of the Bankruptcy Code) of at least two-thirds in amount of the Allowed Equity Interests actually voting in such Class have voted to accept the Plan. 7.3 Presumed Acceptance or Rejection of Plan by Unimpaired Classes. Classes 1, 2 and 7 are Unimpaired under the Plan. Pursuant to Section 1126(f) of the Bankruptcy Code, each such Class and the Holders of Claims in such Classes are conclusively presumed to have accepted the Plan and, thus, are not entitled to vote on the Plan. Accordingly, votes of Holders of Claims in such Classes are not being solicited by the Debtor. Except as otherwise expressly provided in the Plan, nothing contained herein or otherwise shall affect the rights and legal and equitable claims or defenses of the Debtor in respect of any Unimpaired Claims, including all rights in respect of legal and equitable defenses to setoffs or recoupments against Unimpaired Claims. Classes 6 (Non-Voting de Minimis Claims) and 8 (Equity Interests) are conclusively deemed to have rejected the Plan and the votes of Holders of Classes 6 and 8 Claims will not be solicited. 7.4 Impairment Controversies. If a controversy arises as to whether any Claim or Equity Interest, or any Class of Claims or Class of Equity Interests, is Impaired under the Plan, such Claim, Equity Interest or Class shall be treated as specified in the Plan unless the Bankruptcy Court shall determine such controversy upon motion of the party challenging the characterization of a particular Claim or Equity Interest, or a particular Class of Claims or Class of Equity Interests, under the Plan. ARTICLE 8 TREATMENT OF EXECUTORY CONTRACTS AND UNEXPIRED LEASES 8.1 Rejection of Executory Contracts and Unexpired Leases. Pursuant to Sections 365 and 1123(b)(2) of the Bankruptcy Code, all executory contracts and unexpired leases that exist between the Debtor and another Person or Entity shall be deemed rejected by the Debtor as of the Confirmation Date (collectively, the “Rejected Contracts”), unless there is pending before the Bankruptcy Court on the Confirmation Date a motion to assume any executory contract or unexpired lease, or such executory contract or unexpired lease has previously been assumed by order of the Bankruptcy Court.. 8.2 Approval of Rejection of Executory Contracts and Unexpired Leases. Entry of the Confirmation Order shall, subject to and upon the occurrence of the Effective Date, constitute the approval, pursuant to Sections 365(a) and 1123(b)(2) of the Bankruptcy Code, of the rejection of the executory contracts and unexpired leases rejected pursuant to Article 8 of the Plan.

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8.3 Claims under Rejected Executory Contracts and Unexpired Leases. Any Claim for damages arising by reason of the rejection of any executory contract or unexpired lease must be filed with the Bankruptcy Court in accordance with the terms of the order authorizing such rejection and any applicable bar dates established during the Chapter 11 Case. Any Claims not filed within such time will be forever barred from assertion against the Debtor. All Allowed Claims arising from the rejection of executory contracts or unexpired leases shall be treated as General Unsecured Claims. The Plan and any other order of the Bankruptcy Court providing for the rejection of an executory contract or unexpired lease shall constitute adequate and sufficient notice to Persons or Entities which may assert a Claim for damages from the rejection of an executory contract or unexpired lease of the Bar Date for filing a Claim in connection therewith. 8.4 Disallowed Claims. The Debtor scheduled numerous claims as unknown as it relates to the claimant’s name and also scheduled numerous claims where Debtor’s books and records did not reflect an address for the claimant. If a claimant has not filed a Proof of Claim, no counsel of record has appeared on behalf of the claimant in the Chapter 11 Case and the Debtor’s books and records do not reflect any known mailing address or claimant name said claim is disallowed in its entirety without further order of the Bankruptcy Court or any action being required on the part of the Debtor. Any Claims filed after the Bar Date, 503(b)(9) Claim Bar Date, or Administrative Expense Claims Bar Date, as applicable, shall be deemed disallowed and expunged in their entirety without further order of the Bankruptcy Court or any action being required on the part of the Debtor, unless the Person wishing to file such untimely Claim has received Bankruptcy Court authority to do so. Any Claims that fail to state an amount claimed greater than $0, or fail entirely to state an amount, that have not been amended prior to the Confirmation Hearing shall be deemed disallowed in its entirety without further order of the Bankruptcy Court or any action being required on the part of the Debtor. Any claimed security interest based on Tex UCC 9.343, shall be disallowed regardless of whether a filing was made with the Delaware Secretary of State related to a lien granted by such statute, shall be disallowed in its entirety without further order of the Bankruptcy Court or any action being required on the part of the Debtor. Any 503(b)(9) claim will be disallowed to the extent it differs from the list of Allowed 503(b)(9) Claims to be filed in the Plan Supplement. Any 503(b)(9) claimant may object to the amount of the claim on the list not later than fourteen (14) days following the Confirmation Hearing.

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8.5 Insurance. The Plan Administrator shall receive all benefits otherwise payable to, or for the benefit of the Debtor under its insurance policies. None of the Disclosure Statement, Plan, or Confirmation Order shall: (a) modify the coverage provided under the Debtor’s current, unexpired insurance policies, (b) except as provided for in the Plan, alter in any way the rights and obligations of the Debtor’s insurers under their policies, or (c) except as provided in the Plan, alter in any way the rights and obligations of the Debtor, as applicable, under the insurance policies, including, without limitation, any duty of the Debtor, as applicable, to defend, at their own expense, against claims asserted under the insurance policies. The Debtor’s insurers shall retain any and all defenses to coverage that such insurers may have, including the right to contest and/or litigate with any party, including the Debtor and the Plan Administrator, as applicable, the existence, primacy, and/or scope of available coverage under any alleged applicable policy. Nothing in the Disclosure Statement, Plan or Confirmation Order in any way permits any holder of a Claim to recover the same amounts from the insurers and any other party including, but not limited to, the Debtor or the Plan Administrator. Nothing in the Disclosure Statement, Plan, or Confirmation Order shall modify the rights of the Debtor’s insurers with respect to the maintenance or use of any letters of credit, or other collateral and security provided to them, in connection with liabilities arising under the applicable insurance agreements. ARTICLE 9 MEANS OF IMPLEMENTATION OF THE PLAN 9.1 General Overview of Plan. This Plan is a liquidating plan that calls for the liquidation of the Assets of the Debtor. On the Effective Date of the Plan, the Plan Administrator shall be appointed to implement the terms of the Plan, as set forth in Article 9 of the Plan. 9.2 Plan Administrator. 9.2.1 The Plan Administrator shall act for the Liquidating Debtor in the same fiduciary capacity as applicable to a board of managers and officers, subject to the provisions of the Plan (and all certificates of formation, membership agreements, and related documents are deemed amended by the Plan to permit and authorize the same). On the Effective Date, the authority, power, and incumbency of the persons acting as managers and officers of the Debtor shall be deemed to have resigned, and Deborah Kryak shall be appointed as the sole manager and sole officer of the Liquidating Debtor and shall succeed to the powers of the Liquidating Debtor's managers and officers. From and after the Effective Date, the Plan Administrator shall be the sole representative of, and shall act for, the Liquidating Debtor. The powers of the Plan Administrator shall include any and all powers and authority to implement the Plan and to administer and distribute the Liquidating Debtor Assets and wind down the businesses and affairs of the Debtor and the Liquidating Debtor, including: (1) liquidating, receiving, holding, and investing, supervising, and protecting the Liquidating Debtor Assets;

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(2) taking all steps to execute all instruments and documents necessary to effectuate the distributions to be made under the Plan from the Liquidating Debtor Assets; (3) making distributions from the Liquidating Debtor Assets as contemplated under the Plan; (4) establishing and maintaining bank accounts in the name of the Liquidating Debtor, including the Liquidating Debtor Disputed Claims Reserve; (5) employing, retaining, terminating, or replacing professionals to represent it with respect to its responsibilities or otherwise effectuating the Plan to the extent necessary; (6) paying all reasonable fees, expenses, debts, charges, and liabilities of the Liquidating Debtor; (7) administering and paying taxes of the Liquidating Debtor, including filing tax returns; (8) representing the interests of the Liquidating Debtor or the Estate before any taxing authority in all matters, including any action, suit, proceeding or audit; (9) to exercise all power and authority that may be exercised, to commence all proceedings (including the power to continue any actions and proceedings that may have been commenced by the Debtor prior to the Effective Date) that may be commenced, to defend all proceedings, and to take all actions that may be taken by any officer or manager of the Liquidating Debtor with like effect as if authorized, exercised, and taken by unanimous action of such officers and managers, including consummating the Plan and all transfers thereunder on behalf of the Liquidating Debtor; (10) to use, manage, sell, abandon, convert to Cash and/or otherwise dispose of the Assets, for the purpose of liquidating all remaining property of the Estate; (11) to take all steps necessary to terminate the corporate existence of the Debtor; (12) to prosecute objections to Claims and Administrative Expenses and compromise or settle any Claims and Administrative Expenses (disputed or otherwise); (13) exercising such other powers as may be vested in it pursuant to order of the Bankruptcy Court or pursuant to the Plan, or as it reasonably deems to be necessary and proper to carry out the provisions of the Plan.

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The Plan Administrator may resign at any time upon 30 days’ written notice delivered to the Bankruptcy Court, provided that such resignation shall only become effective upon the appointment of a permanent or interim successor Plan Administrator. In the event the Plan Administrator resigns or is removed, the Bankruptcy Court shall select a successor Plan Administrator. Upon its appointment, the successor Plan Administrator, without any further act, shall become fully vested with all of the rights, powers, duties, and obligations of its predecessor and all responsibilities of the predecessor Plan Administrator relating to the Liquidating Debtor shall be terminated. 9.2.2 Tax Returns After the Effective Date, the Plan Administrator shall complete and file all final or otherwise required federal, state, and local tax returns the Debtor, and pursuant to section 505(b) of the Bankruptcy Code, may request an expedited determination of any unpaid tax liability of such Debtor or its Estate for any tax incurred during the administration of such Debtor’s Chapter 11 Case, as determined under applicable tax laws. 9.2.3 Disputed Claims Reserve On the Effective Date or as soon as reasonably practicable thereafter, the Debtor or Plan Administrator shall fund, and the Plan Administrator shall thereafter maintain, the Disputed Claims Reserve with an authorized depository in the Western District of Texas, which funds shall vest in the Liquidating Debtor free and clear of all liens, Claims, encumbrances, charges, and other interests, except as otherwise specifically provided in the Plan or in the Confirmation Order. Funds in the Disputed Claims Reserve shall be used by the Plan Administrator for the payment of all or part of a Disputed Claim that becomes an Allowed Claim entitled to distribution under the Plan. If any Disputed Claims are not Allowed in whole or in part and to the extent any funds remain in the Disputed Claims Reserve after all of such Claims have been paid or otherwise satisfied in full, such remaining funds shall be distributed by the Plan Administrator pro rata to Allowed 503(b)(9) Claimants in accordance with the Plan. Notwithstanding anything to the contrary herein or in the Plan, neither the Plan Administrator, nor any other party in interest shall be obligated to fund the Disputed Claims Reserve in an aggregate amount in excess of the Disputed Claims Reserve Amount. 9.2.4 D & O Policy Notwithstanding anything to the contrary contained herein, in the Plan, or in the Confirmation Order, Confirmation of the Plan shall not impair or otherwise modify any obligations arising under the D&O Policy. In addition, after the Effective Date, the Plan Administrator shall not terminate or otherwise reduce coverage under any D&O Policy, including, without limitation, any “tail policy,” in effect as of June 1, 2021, and all directors, managers, and officers of the Debtor who served in such capacity as of June 1, 2021 at any time prior to the Effective Date shall be entitled to the full benefits of any such policy for the full term of such policy regardless of whether such directors and officers remain in such positions after the Effective Date.

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9.2.5 Wind Down On and after the Effective Date, the Plan Administrator will be authorized to implement the Plan and any applicable orders of the Bankruptcy Court, and the Plan Administrator shall have the power and authority to take any action necessary to wind down and dissolve the Debtor’s Estate. As soon as reasonably practicable after the Effective Date, except with respect to the Liquidating Debtor as set forth in the Plan, the Plan Administrator shall: (1) file a certificate of dissolution or equivalent document, together with all other necessary corporate and company documents, to effect the dissolution of the Debtor under the applicable laws of their state of incorporation or formation (as applicable), including, but not limited to, any actions contemplated in sections 275--283 of the General Corporation Law of the State of Delaware (the “DGCL”); and (2) take such other actions as the Plan Administrator may determine to be necessary or desirable to carry out the purposes of the Plan. For purposes of clause (1) of the preceding sentence, the Plan shall constitute a plan of distribution as contemplated in the DGCL. The certificate of dissolution or equivalent document may be executed by the Plan Administrator without need for any action or approval by the equity holders or boards of directors or managers of any Debtor. From and after the Effective Date, except with respect to the Liquidating Debtor as set forth in the Plan, the Debtors (4) for all purposes shall be deemed to have withdrawn their business operations from any state in which the Debtor was previously conducting, or are registered or licensed to conduct, their business operations, and shall not be required to file any document, pay any sum, or take any other action in order to effectuate such withdrawal, (5) shall be deemed to have cancelled pursuant to the Plan all Interests, and (6) shall not be liable in any manner to any taxing authority for franchise, business, license, or similar taxes accruing on or after the Effective Date. For the avoidance of doubt, except with respect to the Liquidating Debtor as set forth in the Plan, (7) notwithstanding the Debtor's dissolution, the Debtor shall be deemed to remain intact solely with respect to the preparation, filing, review, and resolution of applications for Fee Claims. The filing of the final monthly report (for the month in which the Effective Date occurs) and all subsequent quarterly reports shall be the responsibility of the Plan Administrator. 9.2.6 Exculpation; Indemnification; Insurance The Plan Administrator, all professionals retained by the Plan Administrator, and representatives of each of the foregoing shall be deemed exculpated and indemnified in all respects in a manner identical to the exculpation and indemnification may obtain, at the expense of the Liquidating Debtor and with funds from the Liquidating Debtor Reserve, commercially reasonable liability or other appropriate insurance with respect to the indemnification obligations of the Plan Administrator. The Plan Administrator may rely upon written information previously generated by the Debtor or the Liquidating Debtor. 9.2.7 Dissolution of the Liquidating Debtor Upon a certification to be filed with the Bankruptcy Court by the Plan Administrator of all distributions having been made and completion of all its duties under the Plan and entry of a final decree closing the Chapter 11 Case, the Liquidating Debtor shall be deemed to

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be dissolved without any further action by the Liquidating Debtor, including the filing of any documents with the secretary of state for the state in which the Liquidating Debtor is formed or any other jurisdiction. The Plan Administrator, however, shall have authority to take all necessary actions to dissolve the Debtor in and withdraw the Debtor from applicable state(s). 9.3 Continued Corporate Existence; Dissolution. 9.3.1 Following the Effective Date, the Debtor shall be administratively dissolved and Plan Administrator shall file a certificate of dissolution (or its equivalent) with the secretary of state or similar official. 9.3.2 The officers and directors of the Debtor immediately prior to the Effective Date shall be deemed to have resigned without any further action by any party. 9.3.3 From and after the Confirmation Date and until the Effective Date, the board of directors and officers of the Debtor shall have all powers accorded by law to put into effect and carry out the Plan and the Confirmation Order. 9.3.4 Notwithstanding anything to the contrary set forth in this Article 9 or elsewhere in the Plan, the management and administration of the Liquidating Debtor (and the Assets) shall be the sole responsibility of the Plan Administrator. 9.4 Corporate Action. All matters provided for under the Plan involving the corporate structure of the Debtor, or any corporate action to be taken by or required of the Debtor shall, as of the Effective Date, be deemed to have occurred and be effective as provided herein, and shall be authorized and approved in all respects without any requirement for further action. 9.5 Selection and Compensation of the Plan Administrator. 9.5.1 The initial Plan Administrator shall be Deborah Kryak. The Plan Administrator’s appointment shall be effective as of the Effective Date. 9.5.2 The Plan Administrator shall compensated by the Liquidating Debtor as set forth in the Disclosure Statement, plus reimbursement for actual, reasonable and necessary expenses. From and after the Effective Date, any professionals engaged or retained by the Plan Administrator shall be entitled to reasonable compensation to perform services for the Plan Administrator. 9.5.3 The Plan Administrator shall not be required to give any bond or surety or other security for the performance of his duties unless otherwise ordered by the Bankruptcy Court. If otherwise so ordered, all costs and expenses of procuring any such bond shall be paid by the Liquidating Debtor. 9.5.4 The Plan Administrator shall serve from and after the Effective Date until her successor is duly appointed and qualified or until his or her earlier death, resignation, or

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removal. In the event of the death, resignation or removal of the Plan Administrator shall be selected by the Bankruptcy Court. 9.6 Section 1146 Exemption. Pursuant to Section 1146(a) of the Bankruptcy Code, the issuance, distribution, transfer, or exchange of any security or the making, delivery or recording of any instrument of transfer pursuant to, in implementation of, or as contemplated by the Plan or any Plan Document, or the revesting, transfer or sale of any real or personal Property of, by or in the Debtor pursuant to, in implementation of, or as contemplated by the Plan or any Plan Document, or any transaction arising out of, contemplated by or in any way related to the foregoing, shall not be subject to any document recording tax, stamp tax, conveyance fee, intangible or similar tax, mortgage tax, stamp act, real estate transfer tax, mortgage recording tax, Uniform Commercial Code filing or recording fee, or other similar tax or governmental assessment, and the appropriate state or local governmental officials or agents shall be, and hereby are, directed to forego the collection of any such tax or governmental assessment and to accept for filing and recording any of the foregoing instruments or other documents without the payment of any such tax or governmental assessment. 9.7 Effectuating Documents; Further Transactions. The Confirmation Order shall provide that, prior to the Effective Date, Deborah Kryak, the Chief Executive Officer of the Debtor, and after the Effective Date, the Plan Administrator, shall be authorized to execute, deliver, file, or record such contracts, instruments, releases, mortgages, and other agreements or documents, and take such actions as may be necessary to appropriate, to effectuate and further implement the terms and conditions of the Plan or to otherwise comply with applicable law. 9.8 Pursuit of Causes of Action. Following the Effective Date, pursuant to the terms of the compromise neither the Debtor or the Plan Administrator will pursue any of the following (a) all avoidance actions and rights to recover transfers avoidable or recoverable under Sections 502, 542, 543, 544, 545, 547, 548, 549, 550, 551 and 553 of the Bankruptcy Code, including but not limited to causes of action against any party listed on Attachment A to the Debtor’s Statement of Financial Affairs [Dkt. No. 192], (b) all causes of action listed in response to Question 7 on the Debtor’s Statement of Financial Affairs [Dkt. No. 192], (c) all causes of action listed in Section 11 of the Debtor’s Schedules of Assets and Liabilities [Dkt. No. 191], (d) all claims against directors and officers of the Debtor, including all claims as of the Petition Date covered under the Debtor’s D&O, and (e) any and all other claims or rights of the Debtor of any value whatsoever, at law or in equity, against any Creditor or other third party. Likewise, for avoidance of doubt, the Debtor’s claims against directors and officers are forever released.

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ARTICLE 10 PROVISIONS GOVERNING DISTRIBUTIONS WITH RESPECT TO CLAIMS 10.1 Determination of Claims. 10.1.1 The Debtor, the Plan Administrator and their professionals will have no obligation or duty to undertake a claim reconciliation process that compares creditors' claims with Debtor’s books and records to confirm or object to inconsistencies between claims filed by creditors and the Debtor’s schedule of liabilities or to file any objections to claims. The Debtor and Plan Administrator may, in their discretion, file objections to claims if they believe such is necessary or advisable in order to facilitate administration of the Plan consistent with intent of the Plan. Unless otherwise ordered by the Bankruptcy Court, and except as to any late-filed Claims and Claims resulting from the rejection of executory contracts or unexpired leases, if any, all objections to Claims shall be served and filed on or before the later of: (i) sixty (60) days after the Effective Date; and (i) such other date as may be fixed by the Bankruptcy Court, whether fixed before or after the date specified in clause (i) hereof. 10.1.2 Notwithstanding any authority to the contrary, an objection to a Claim shall be deemed properly served on the Holder of the Claim if the Debtor or Plan Administrator effectuates service in any of the following manners (a) in accordance with Rule 4 of the Federal Rules of Civil Procedure, as modified and made applicable by Bankruptcy Rule 7004, (b) to the extent counsel for the Holder of a Claim is unknown, by first class mail, postage prepaid, on the signatory on the Proof of Claim or other representative identified on the Proof of Claim or any attachment thereto, or (c) by first class mail, postage prepaid, on any counsel that has filed a notice of appearance in the Liquidation Case on behalf of the Holder of a Claim.. 10.1.3 Disputed Claims shall be fixed or liquidated in the Bankruptcy Court as core proceedings within the meaning of 28 U.S.C. § 157(b)(2)(B) unless the Bankruptcy Court orders otherwise. If the fixing or liquidation of a contingent or unliquidated Claim would cause undue delay in the administration of the Liquidation Case, such Claim shall be estimated by the Bankruptcy Court for purposes of allowance and distribution. Upon receipt of a timely filed Proof of Claim, the Debtor, the Plan Administrator or other party in interest may file a request for estimation along with its objection to the Claim set forth therein. The determination of Claims in Estimation Hearings shall be binding for purposes of establishing the maximum amount of the Claim for purposes of allowance and distribution. Procedures for specific Estimation Hearings, including provisions for discovery, shall be set by the Bankruptcy Court giving due consideration to applicable Bankruptcy Rules and the need for prompt determination of the Disputed Claim. 10.2 De Minimis Distributions as to Allowed Class 3 and General Unsecured Claims. In order to avoid the disproportionate expense and inconvenience associated with making a de minimis distribution to the Holder of an Allowed Claim, the Plan Administrator shall not be required to make, and shall be excused from making, any initial or interim distribution to such Holder which is in the amount of less than or equal to $25.00. At the time of any final distribution to the Holders of Allowed Claims, all such excused distributions to such Holder shall

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be aggregated and, if such aggregated amount is $25.01 or more, the Plan Administrator shall make a final distribution to such Holder equal to such aggregated amount. 10.3 Unclaimed Distributions. 10.3.1 If the Holder of an Allowed Claim fails to negotiate a check issued to such Holder within ninety (90) days of the date such check was issued, then the Plan Administrator shall provide written notice to such Holder stating that unless such Holder negotiates such check within ninety (90) days of the date of such notice, the amount of Cash attributable to such check shall be deemed to be unclaimed, such Holder shall be deemed to have no further Claim in respect of such check, such Holder’s Allowed Claim shall no longer be deemed to be Allowed, and such Holder shall not be entitled to participate in any further distributions under the Plan in respect of such Claim. 10.3.2 If a Cash distribution made pursuant to the Plan to any Holder of an Allowed Claim is returned to the Plan Administrator due to an incorrect or incomplete address for the Holder of such Allowed Claim, and no claim is made in writing to the Plan Administrator as to such distribution within ninety (90) days of the date such distribution was made, then the amount of Cash attributable to such distribution shall be deemed to be unclaimed, such Holder shall be deemed to have no further Claim in respect of such distribution, such Holder’s Allowed Claim shall no longer be deemed to be Allowed, and such Holder shall not be entitled to participate in any further distributions under the Plan in respect of such Claim. 10.3.3 Any unclaimed Cash distribution as described above originally sent by the Plan Administrator shall revert to payment to Class 3 (503(b)(9) Claims. In the event at the conclusion of the Chapter 11 Case the Plan Administrator determines the cost of making an additional distribution to 503(b)(9) claimants would exceed the cost of making said distribution the Plan Administrator may distribute the remaining monies to a charity or charities of her choosing. 10.4 Transfer of Claim. In the event that Holder of any Claim shall transfer such Claim on and after the Effective Date, such Holder shall immediately advise the Plan Administrator and Disbursing Agent in writing of such transfer and provide sufficient written evidence of such transfer. The Plan Administrator and Disbursing Agent shall be entitled to assume that no transfer of any Claim has been made by any Holder unless and until the Plan Administrator and Disbursing Agent shall have received written notice to the contrary. Each transferee of any Claim shall take such Claim subject to the provisions of the Plan and to any request made, waiver or consent given or other action taken hereunder and, except as otherwise expressly provided in such notice, the Plan Administrator shall be entitled to assume conclusively that the transferee named in such notice shall thereafter be vested with all rights and powers of the transferor under the Plan. 10.5 One Distribution Per Holder. If the Holder of a Claim holds more than one Claim in any one Class, all Claims of such Holder in such Class shall be aggregated and deemed to be one Claim for distribution purposes, and only one distribution shall be made with respect to the single aggregated Claim.

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10.6 Effect of Pre-Confirmation Distributions. Nothing in the Plan shall be deemed to entitle the Holder of a Claim that received, prior to the Effective Date, full or partial payment of such Holder’s Claim, by way of settlement or otherwise, pursuant to an order of the Bankruptcy Court, provision of the Bankruptcy Code, or other means, to receive a duplicate payment in full or in part pursuant to the Plan; and all such full or partial payments shall be deemed to be payments made under the Plan for purposes of satisfying the obligations of the Debtor or the Plan Administrator to such Holder hereunder. 10.7 No Interest on Claims or Equity Interests. Except as expressly stated in the Plan or otherwise Allowed by a Final Order of the Bankruptcy Court, no Holder of an Allowed Claim shall be entitled to the accrual of Post-petition interest or the payment of Post-petition interest, penalties, or late charges on account of such Allowed Claim for any purpose. Additionally, and without limiting the foregoing, interest shall not accrue or be paid on any Disputed Claim in respect of the period from the Effective Date to the date a final distribution is made when and if such Disputed Claim becomes an Allowed Claim. 10.8 Compliance with Tax Requirements. In connection with the Plan, the Plan Administrator shall comply with all tax withholding and reporting requirements imposed by federal, state, local and foreign taxing authorities and all distributions hereunder shall be subject to such withholding and reporting requirements. ARTICLE 11 CONDITIONS PRECEDENT 11.1 Conditions Precedent to Confirmation of the Plan. The following are condition precedent to Confirmation of the Plan, which must be satisfied or may be waived in accordance with Article 11.4 of the Plan. These conditions to Confirmation are as follows: 11.1.1 The Bankruptcy Court shall have made such findings and determinations regarding the Plan as shall enable the entry of the Confirmation Order in a manner consistent with the provisions of the Plan and in a form satisfactory to the Debtor. 11.2 Conditions Precedent to the Effective Date. The following are conditions precedent to the occurrence of the Effective Date, each of which must be satisfied or may be waived: 11.2.1 The Confirmation Order shall have been entered by the Bankruptcy Court and the Confirmation Order and any order of the District Court shall be in form and substance acceptable to the Debtor and the Plan Administrator, and the Confirmation Order (and any affirming order of the District Court) shall have become a Final Order; provided, however; that the Effective Date may occur at a point in time when the Confirmation Order is not a Final Order

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at the option of the Debtor unless the effectiveness of the Confirmation Order has been stayed, reversed or vacated. The Effective Date may occur, again at the option of the Debtor, on the first Business Day immediately following the expiration or other termination of any stay of effectiveness of the Confirmation Order. 11.2.2 The Plan Documents necessary or appropriate to implement the Plan shall have been executed and delivered; all conditions precedent to the effectiveness of each of such Plan Documents shall have been satisfied or waived by the respective parties thereto; and the Plan Documents shall be in full force and effect. The Plan Documents shall be acceptable to the Plan Administrator, Disbursing Agent and the Debtor. 11.3 Waiver of Federal Rule of Civil Procedure 62(a)U. The Debtor requests that the Confirmation Order include (a) a finding that Fed. R. Civ. P. 62(a) shall not apply to the Confirmation Order, and (b) authorization for the Debtor to consummate the Plan immediately after entry of the Confirmation Order. 11.4 Waiver of Condition Precedent to Confirmation or the Effective Date. The conditions precedent set forth in Article 11.1 and Article 11.2 of this Plan may be waived, in whole or in part, by the Debtor, without any notice to the Bankruptcy Court and without a hearing. ARTICLE 12 INJUNCTIONS, EXCULPATION FROM LIABILITY AND RELEASES 12.1 Exculpation from Liability. The Debtor and its officers, directors, shareholders, agents and employees and their Professionals (acting in such capacity), shall neither have nor incur any liability whatsoever to any Person or Entity for any act taken or omitted to be taken in good faith in connection with or related to the formulation, preparation, dissemination, implementation, confirmation, or consummation of the Plan, the Disclosure Statement, any Plan Document, or any contract, instrument, release, or other agreement or document created or entered into, or any other act taken or omitted to be taken, in connection with the Plan or the Liquidation Case; provided, however, that this exculpation from liability provision shall not be applicable to any liability found by a court of competent jurisdiction to have resulted from gross mismanagement, breach of fiduciary duty, fraud or the willful misconduct of any such party. The rights granted herein are cumulative with (and not restrictive of) any and all rights, remedies, and benefits that the Debtor and their Professionals have or obtain pursuant to any provision of the Bankruptcy Code or other applicable law. This exculpation from liability provision is an integral part of the Plan and is essential to its implementation. Notwithstanding anything to the contrary contained herein, the provisions of this Article shall not release or be deemed a release of any of the Causes of Action.

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12.2 No Liability for Tax Claims. Unless a taxing Governmental Authority has asserted a Claim against the Debtor before the Bar Date or Administrative Claims Bar Date established therefore, no Claim of such Governmental Authority shall be Allowed against the Debtor for taxes, penalties, interest, additions to tax or other charges arising out of (i) the failure, if any, of the Debtor, any of its Affiliates, or any other Person or Entity to have paid any tax due or to have filed any tax return (including any income, sales or franchise tax return) in or for any tax period ending on or prior to the Effective Date or (ii) an audit of any tax return of the Debtor for a tax period ending on or prior to the Effective Date. 12.3 Injunctions. Except as otherwise expressly provided in the Plan, the Confirmation Order, or a separate order of the Court, all entities who have held, hold, or may hold Claims against the Debtor that arose before or were held as of the Effective Date, are permanently enjoined, on and after the Effective Date, from (a) commencing or continuing in any manner any action or other proceeding of any kind against the Debtor or the Liquidating Debtor, with respect to any such Claim, (b) the enforcement, attachment, collection, or recovery by any manner or means of any judgment, award, decree, or order against the Debtor or the Liquidating Debtor on account of any such Claim, (c) creating, perfecting, or enforcing any encumbrance of any kind against the Debtor or Liquidating Debtor or against the property or interests in property of the Debtor or the Liquidating Debtor on account of any such Claim, and (d) asserting any right of setoff, or subrogation of any kind against any obligation due from the Debtor or the Liquidating Debtor or against the property or interests in property of the Debtor on account of any such Claim. Such injunction shall extend to successors of the Debtor (including, without limitation, the Liquidating Debtor) and their respective properties and interests in property. ARTICLE 13 RETENTION OF JURISDICTION 13.1 General Retention. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, until the Liquidating Case is closed, the Bankruptcy Court shall retain the fullest and most extensive jurisdiction of the Liquidating Case that is permitted by applicable law, including that necessary to ensure that the purposes and intent of the Plan are carried out. 13.2 Specific Purposes. In addition to the general retention of jurisdiction set forth herein, after Confirmation of the Plan and until the Liquidating Case is closed, the Bankruptcy Court shall retain jurisdiction of the Liquidating Case for the following specific purposes: 13.2.1 To allow, disallow, determine, liquidate, classify, estimate or establish the priority or secured or unsecured status of any Claim or Equity Interest, including the resolution of any application for an Administrative Claim or Fee Claim, and to determine any and all objections to the allowance or priority of Claims or Equity Interests;

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13.2.2 To determine any and all cases, controversies, suits or disputes arising under or relating to the Liquidating Case, the Plan or the Confirmation Order (including regarding the effect of any release, discharge, limitation of liability, or injunction provisions provided for herein or affected hereby and regarding whether the conditions to the consummation and/or Effective Date of the Plan have been satisfied); 13.2.3 To determine any and all applications for allowance of compensation of Professionals and reimbursement of expenses under Sections 330, 331, or 503(b) of the Bankruptcy Code arising out of or relating to the Liquidating Case; provided, however, that this retention of jurisdiction shall not require prior Bankruptcy Court approval of the payment of fees and reimbursement of expenses of Professionals employed by the Debtor after Confirmation of the Plan unless an objection to such fees and expenses has been made by the Debtor; 13.2.4 To determine any and all motions pending as of the date of the Confirmation Hearing (including pursuant to the Plan) for the rejection, assumption or assignment of executory contracts or unexpired leases to which a Debtor or Debtor is a party or with respect to which a Debtor or Debtor may be liable, and to determine the allowance of any Claims resulting from the rejection thereof or any amount necessary to cure defaults in any assumed executory contracts or unexpired leases; 13.2.5 To determine any and all motions, applications, adversary proceedings, contested or litigated matters, Cause of Action, and any other matters involving the Debtor commenced in connection with, or arising during, the Liquidating Case and pending on the Effective Date, including approval of proposed settlements thereof; 13.2.6 To enforce, interpret and administer the terms and provisions of the Plan and the Plan Documents; 13.2.7 To modify any provisions of the Plan to the fullest extent permitted by the Bankruptcy Code and the Bankruptcy Rules; 13.2.8 To consider and act on the compromise and settlement of any Claim against or Equity Interests in the Debtor or the Estate; 13.2.9 To assure the performance by the Debtor and the Plan Administrator of their obligations under the Plan; 13.2.10 To correct any defect, cure any omission, reconcile any inconsistency or make any other necessary changes or modifications in or to the Disclosure Statement, the Plan, the Plan Documents, the Confirmation Order, or any exhibits or schedules to the foregoing, as may be necessary or appropriate to carry out the purposes and intent of the Plan, including the adjustment of the date(s) of performance under the Plan in the event the Effective Date does not occur as provided herein so that the intended effect of the Plan may be substantially realized thereby; 13.2.11 To resolve any disputes concerning any release of or limitation of liability as to a non-debtor hereunder or the injunction against acts, employment of process or actions against such non-debtor arising hereunder;

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13.2.12 To enforce all orders, judgments, injunctions and rulings entered in connection with the Liquidating Case; 13.2.13 To enter such orders as may be necessary or appropriate to implement or consummate the provisions of the Plan and all contracts, instruments, releases, indentures and other agreements or documents created in connection with the Plan, the Disclosure Statement or the Confirmation Order, including the Plan Documents; 13.2.14 To review and approve any sale or transfer of assets or Property by the Debtor or the Liquidating Trust, including prior to or after the date of the Plan, and to determine all questions and disputes regarding such sales or transfers; 13.2.15 To determine all questions and disputes regarding title to the assets of the Debtor, the Estate or the Liquidating Trust; 13.2.16 To determine any motions or contested matters relating to the Causes of Action, whether brought before or after the Effective Date; 13.2.17 To determine any motions or contested matters involving taxes, tax refunds, tax attributes, tax benefits and similar or related matters with respect to the Debtor arising on or prior to the Effective Date or arising on account of transactions contemplated by the Plan; 13.2.18 To resolve any determinations which may be requested by the Debtor or the Plan Administrator of any unpaid or potential tax liability or any matters relating thereto under Sections 505 and 1146 of the Bankruptcy Code, including tax liability or such related matters for any taxable year or portion thereof ending on or before the Effective Date; 13.2.19 To issue injunctions, enter and implement other orders or take such other actions as may be necessary or appropriate to restrain interference by any Person or Entity with consummation, implementation or enforcement of the Plan or the Confirmation Order; 13.2.20 To enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked or vacated; 13.2.21 To determine any other matters that may arise in connection with or relating to the Plan, the Disclosure Statement, the Confirmation Order or the Plan Documents; 13.2.22 To enter such orders as are necessary to implement and enforce the injunctions described herein; 13.2.23 To enforce the obligations of any purchaser of any assets of the Debtor; 13.2.24 To determine such other matters and for such other purposes as may be provided for in the Confirmation Order or as may from time to time be authorized under the provisions of the Bankruptcy Code or any other applicable law; and 13.2.25 To enter an order (or orders) concluding and terminating the Liquidating Case.

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13.3 Closing of the Chapter 11 Case. In addition to the retention of jurisdiction set forth in Article 13, the Bankruptcy Court shall retain jurisdiction of the Liquidating Case to enter an order reopening the Liquidating Case after it has closed. ARTICLE 14 MODIFICATION OF PLAN AND CONFIRMATION OVER OBJECTIONS 14.1 Modification of Plan. 14.1.1 The Debtor may modify the Plan at any time prior to the entry of the Confirmation Order provided that the Plan, as modified, and the Disclosure Statement meet applicable Bankruptcy Code and Bankruptcy Rules requirements. 14.1.2 After the entry of the Confirmation Order, the Debtor (prior to the Effective Date) or the Plan Administrator (on or after the Effective Date) may modify the Plan to remedy any defect or omission or to reconcile any inconsistencies in the Plan or in the Confirmation Order, as may be necessary to carry out the purposes and effects of the Plan, provided that (a) the Debtor or the Plan Administrator (as the case may be) obtains Bankruptcy Court approval for such modification, after notice to the Master Service List and a hearing, and (b) such modification does not materially adversely affect the interests, rights, or treatment of any Class of Claims or Equity Interests under the Plan. 14.1.3 After the Confirmation Date and before substantial consummation of the Plan, the Debtor (prior to the Effective Date) or the Plan Administrator (on or after the Effective Date) may modify the Plan in a way that materially adversely affects the interests, rights, or treatment of a Class of Claims or Equity Interests, provided that (a) the Plan, as modified, meets applicable Bankruptcy Code requirements; (b) the Debtor or the Plan Administrator (as the case may be) obtains Bankruptcy Court approval for such modification, after notice to the Master Service List and a hearing; (c) such modification is accepted by at least two-thirds in dollar amount, and more than one-half in number, of Allowed Claims or by at least two-thirds in amount of Allowed Equity Interests voting in each Class adversely affected by such modification; and (d) the Debtor or the Plan Administrator (as the case may be) complies with Section 1125 of the Bankruptcy Code with respect to the Plan, as modified. 14.1.4 Notwithstanding anything to the contrary contained in this Article 14 or elsewhere in the Plan, the Plan may not be altered, amended or modified without the written consent of the Debtor (prior to the Effective Date) or the Plan Administrator (on or after the Effective Date). 14.2 Confirmation Over Objections. In the event any Impaired Class of Claims or Equity Interests votes against the Plan, and the Plan is not revoked or withdrawn, the Debtor hereby request, and shall be allowed, to modify the terms of the Plan to effect a “cramdown” on such dissenting Class including by (a) restructuring the treatment of any Class on terms consistent with Section 1129(b)(2)(B) of the

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Bankruptcy Code, or (b) deleting distributions to all Classes at or below the level of the objecting Class, or reallocating such distributions, until such impaired senior Classes are paid in accordance with the absolute priority rule of Section 1129(b) of the Bankruptcy Code. The Debtor may make such modifications or amendments to the Plan and such modifications or amendments shall be filed with the Bankruptcy Court and served on all parties in interest entitled to receive notice prior to the Confirmation Hearing. No such modifications shall require any resolicitation of acceptances as to the Plan by any Class of Claims or Equity Interests unless the Bankruptcy Court shall require otherwise. Notwithstanding any provision of the Plan to the contrary, the Debtor reserve any and all rights they may have to challenge the validity, perfection, priority, scope and extent of any Liens in respect to any Secured Claims and the amount of any Secured Claims, the Holders of which have not accepted the Plan. ARTICLE 15 MISCELLANEOUS PROVISIONS 15.1 No Admissions. The Plan provides for the resolution, settlement and compromise of Claims against and Equity Interests in the Debtor. Nothing herein shall be construed to be an admission of any fact or otherwise binding upon the Debtor in any manner prior to the Effective Date. 15.2 Revocation or Withdrawal of the Plan. The Debtor reserves the right to revoke or withdraw the Plan prior to the Confirmation Date. If the Debtor revokes or withdraws the Plan, or if Confirmation of the Plan does not occur, then the Plan shall be deemed null and void in all respects and nothing contained in the Plan shall be deemed to (a) constitute a waiver or release of any Claims against, or Equity Interests in, the Debtor or any other Person, or (b) prejudice in any manner the rights of the Debtor or any other Person in any further proceedings involving the Debtor. 15.3 Standard for Approval of the Bankruptcy Court. In the event any of the matters described herein are brought for approval before the Bankruptcy Court, then any such approval shall mean the entry of an order by the Bankruptcy Court approving the matter using the standards for approval of similar matters by a Chapter 11 debtor in possession. 15.4 Further Assurances. The Debtor and the Plan Administrator are hereby authorized to execute and deliver any and all papers, documents, contracts, agreements and instruments which may be necessary to carry out and implement the terms and conditions of the Plan and the Confirmation Order. 15.5 Headings. The headings and table of contents used in the Plan are for convenience and reference only and shall not constitute a part of the Plan for any other purpose or in any manner affect the construction of the provisions of the Plan.

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15.6 Notices. 15.6.1 All notices, requests or other documents in connection with, or required to be served by, the Plan shall be in writing and shall be sent by first class United States mail, postage prepaid, or by overnight delivery by a recognized courier service, to: If to the Debtor: First River Energy, LLC P.O. Box 1718 Livingston, TX 77351 Attention: Deborah Kryak with a mandatory copy to counsel for the Debtor: AKERMAN LLP David W. Parham, SBN: 15459500 Esther McKean, SBN: 24122145 AKERMAN LLP 2001 Ross Avenue, Suite 3600 Dallas, Texas 75201 Telephone: (214) 720-4300 Facsimile: (214) 981-9339 david.parham@akerman.com esther.mckean@akerman.com with a mandatory copy to Plan Administrator: Deborah Kryak P.O. Box 1718 Livingston, TX 77351 15.6.2 Copies of all notices under the Plan to any party shall be given to the Debtor contemporaneously with the giving of notice to such party. 15.6.3 Any Entity may change the person or address to whom or to which notices are to be given hereunder by filing a written instrument to that effect with the Bankruptcy Court and serving same on the parties set forth in Article 15.6.1 above. 15.6.4 Notwithstanding anything to the contrary contained in the Plan, no notice shall be required hereunder to the Debtor if they are no longer in existence. 15.7 Plan Supplement Forms of the Plan Supplement Documents (which may be in substantially final form), the Schedule of Allowed Administrative Claims, Allowed Priority Claims, Allowed 503(b)(9) Claims, and such other documents as the Debtor determines to be necessary or appropriate to the implementation and/or confirmation of the Plan shall be contained in the Plan Supplement which

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will be filed with the Clerk of the Court no later than fourteen (14) calendar days prior to the Confirmation Hearing. The Plan Supplement may be inspected in the office of the Clerk of the Court during normal court hours and shall be available online at “https://www.txwb.uscourts.gov.” Holders of Claims or Equity Interests may obtain a copy of the Plan Supplement upon written request to counsel to the Debtor in accordance with Article 15 of the Plan. In addition, the Plan Supplement will be available on the Claims Agent’s website. 15.8 Governing Law. Except to the extent that federal law (including the Bankruptcy Code or the Bankruptcy Rules) is applicable, or where the Plan or the provision of any contract, instrument, release, indenture or other agreement or document entered into in connection with the Plan provides otherwise, the rights and obligations arising under the Plan shall be governed by, and construed and enforced in accordance with, the laws of the State of Texas, without giving effect to the principles of conflicts of law thereof 15.9 Limitation on Allowance. No attorneys’ fees, punitive damages, penalties, exemplary damages, or interest shall be paid with respect to any Claim or Equity Interest except as otherwise specified in the Plan or as Allowed by a Final Order of the Bankruptcy Court. 15.10 Estimated Claims. To the extent any Claim is estimated for any purpose other than for voting on the Plan, then in no event shall such Claim be Allowed in an amount greater than the estimated amount. 15.11 Consent to Jurisdiction. Upon any default under the Plan, the Debtor consent to the jurisdiction of the Bankruptcy Court, or any successor thereto, and agree that it shall be the preferred forum for all proceedings relating to any such default. By accepting any distribution or payment under or in connection with the Plan, by filing any Proof of Claim, by filing any Administrative Claim or Fee Claim, by voting on the Plan, or by entering an appearance in the Liquidating Case, all Creditors, Holders of Equity Interests and other parties in interest, including foreign Creditors and foreign parties in interest, have consented, and shall be deemed to have expressly consented, to the jurisdiction of the Bankruptcy Court for all purposes with respect to any and all matters relating to, arising under or in connection with the Plan or the Chapter 11 Case, including the matters and purposes set forth in Article 13 of the Plan. The Bankruptcy Court shall maintain jurisdiction to the fullest extent allowed under applicable law over all matters set forth in Article 13 of the Plan. 15.12 Setoffs. Subject to the limitations provided in Section 553 of the Bankruptcy Code, the Plan Administrator may, but shall not be required to, set off against any Claim and the payments or other distributions to be made pursuant to the Plan in respect of such Claim, claims of any nature

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whatsoever the Debtor or the Plan Administrator may have against the Holder of such Claim, but neither the failure to do so nor the allowance of any Claim hereunder shall constitute a waiver or release by the Plan Administrator of any such claim that the Debtor or the Plan Administrator may have against the Holder of such Claim. 15.13 Successors and Assigns. The rights, benefits, duties and obligations of any Person or Entity named or referred to in the Plan shall be binding upon, and shall inure to the benefit of, any heir, executor, administrator, successor or assign of such Person or Entity. 15.14 Modification of Payment Terms. The Plan Administrator reserves the right to modify the treatment of any Allowed Claim, as provided in Section 1123(a)(4) of the Bankruptcy Code, at any time after the Effective Date, upon the consent of the Holder of such Allowed Claim. 15.15 Entire Agreement. The Plan and the Plan Documents set forth the entire agreement and undertakings relating to the subject matter thereof and supersede all prior discussions and documents. No Person or Entity shall be bound by any terms, conditions, definitions, warranties, understandings, or representations with respect to the subject matter hereof, other than as expressly provided for herein or as may hereafter be agreed to by such Person or Entity in writing. 15.16 Severability of Plan Provisions. If, prior to Confirmation of the Plan, any term or provision of the Plan is held by the Bankruptcy Court to be invalid, void or unenforceable, the Bankruptcy Court, at the request of the Debtor, shall have the power to alter or interpret such term or provision to make it valid or enforceable to the maximum extent practicable, consistent with the original purpose of the term or provision held to be invalid, void or unenforceable, and such term or provision shall then be applicable as altered or interpreted. Notwithstanding any such holding, alteration or interpretation, the remainder of the terms and provisions of the Plan will remain in full force and effect and will in no way be affected, impaired or invalidated by such holding, alteration or interpretation. The Confirmation Order shall constitute a judicial determination and shall provide that each term or provision of the Plan, as it may have been altered or interpreted in accordance with the foregoing, is valid and enforceable. 15.17 Confirmation Order and Plan Control. To the extent the Confirmation Order or the Plan is inconsistent with the Disclosure Statement or any agreement entered into between the Debtor and any third party, unless otherwise expressly provided in the Plan or the Confirmation Order, the Plan controls over the Disclosure Statement and any such agreement, and the Confirmation Order (and any other Final Orders of the Bankruptcy Court) shall control over the Plan.

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15.18 Plan Documents. The Plan Documents, if any, shall be filed with the Bankruptcy Court, however, that the Debtor may amend the Plan Documents through and including the Confirmation Date. Upon their filing with the Bankruptcy Court, the Plan Documents may be inspected in the Clerk’s Office during normal business hours, may be obtained from the Bankruptcy Court’s copying service upon the payment of the appropriate charges, or may be obtained from the Debtor’s counsel. 15.19 Computation of Time. In computing any period of time prescribed or allowed by the Plan, the provisions of Bankruptcy Rule 9006(a) shall apply. 15.20 Substantial Consummation. The Plan shall be deemed to be substantially consummated within the meaning of Section 1101 of the Bankruptcy Code upon commencement by the Debtor of the distributions required under the Plan. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

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Dated: June 30, 2021 San Antonio, Texas Respectfully submitted, FIRST RIVER ENERGY, LLC By: Deborah Kryak Name: Deborah Kryak Title: Chief Executive Officer /s/ David W. Parham David W. Parham, SBN: 15459500 Esther McKean, SBN: 24122145 AKERMAN LLP 2001 Ross Avenue, Suite 3600 Dallas, Texas 75201 Telephone: (214) 720-4300 Facsimile: (214) 981-9339 david.parham@akerman.com esther.mckean@akerman.com Counsel for the Debtor

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