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Full title: Order Regarding (related document(s): 1006 Amended Motion of Debtor for an Order (I) Further Authorizing Donlin, Recano & Company, Inc. to Act as Balloting Agent; (II) Approving Disclosure Statement, (III) Approving Solicitation Packages and Distribution Procedures, Including the Confirmation Hearing Notice; (IV) Approving Ballot Form and Plan Voting Procedures; (V) Fixing the Voting Deadline to Accept or Reject the Plan; and (VI) Approving Procedures for Vote Tabulations filed by David W. Parham for Debtor First River Energy, LLC (Attachments: # 1 Exhibit A - Proposed Order # 2 Exhibit B - Proposed Confirmation Hearing Notice # 3 Exhibit C - Proposed Ballot # 4 Appendix Service List)(Parham, David) (Related Document(s): 363 Emergency Motion of Debtor for an Order (I) Further Authorizing Donlin, Recano & Company, Inc. to Act as Balloting Agent; (II) Approving Disclosure Statement, (III) Approving Solicitation Packages and Distribution Procedures, Including the Confirmation Hearing Notice; (IV) Approving Ballot Form and Plan Voting Procedures; (V) Fixing the Voting Deadline to Accept or Reject the Plan; and (VI) Approving Procedures for Vote Tabulations filed by David W. Parham for Debtor First River Energy, LLC (Related Document(s): 319 Disclosure Statement filed by David W. Parham for Debtor First River Energy, LLC, 320 Chapter 11 Plan filed by David W. Parham for Debtor First River Energy, LLC, 329 Order Regarding (related document(s): 321 Amended Request for Expedited Hearing and Establish Objection Deadline for Debtor's Disclosure Statement filed by David W. Parham for Debtor First River Energy, LLC (Related Document(s): 281 Motion for Expedited Hearing on Debtor's Disclosure Statement filed by David W. Parham for Debtor First River Energy, LLC))))) (Order entered on 7/14/2021) (Luna, Emilio)

Document posted on Jul 13, 2021 in the bankruptcy, 7 pages and 0 tables.

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Approving Ballot Forms and Plan Voting Procedures, (V) Fixing the Voting Deadline to Accept or Reject the Plan, and (VI) Approving the Procedures for Vote Tabulations; and the Court having jurisdiction to consider the Motion and the relief requested therein in accordance with 28 U.S.C. §§ 157 and 1334; and consideration of the Motion and the relief requested therein being a core proceeding; and venue being proper before this Court pursuant to 28 U.S.C. §§ 1408 and 1409; and due and proper notice of the Motion having been provided to the parties on the Limited Service List, and it appearing that no other or further notice need be provided; and after opportunity for hearing; and upon the record of all of the proceedings had before the Court; and the Court having found and determined that the relief sought in the Motion is in the best interests of the Debtor, its estate, creditors, and all parties in interest, and that the legal and factual bases set forth in the Motion establish just cause for the relief granted herein; and after due deliberation and sufficient cause appearing therefor, it is ORDERED that the Motion is granted as provided herein; and it is further ORDERED ORDERED that Donlin, Recano & Company, Inc. (“Donlin Recano”) is authorized to, pursuant the procedures set forth in the Motion, which are hereby approved, (a) distribute the applicable solicitation materials, (b) administer and receive ballots; (c) tabulate and calculate votes; (d) determine with respect to each ballot cast, its timeliness and its compliance with the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”), and procedures promulgated by this Court; (e) generate an official ballot certification and testify, if necessary, in support of the ballot tabulation results, except that Donlin Recano is not required to attach each ballot to the ballot summary; (f) maintain a phone line for questions regarding the Plan, Disclosure Statement, and voting process; and (g) provide any and all other services related to the solicitation of ballots, the voting of ballots; and it is further ORDERED that the proposed notice for hearing on confirmation of plan proposed by the Debtor constitutes adequate and sufficient notice of the hearing to consider approval of the Plan, the manner in which a copy of the Plan or Disclosure Statement could be obtained, and the time fixed for filing objections to the Plan, in satisfaction of the requirements of the applicable provisions of the Bankruptcy Code, the Bankruptcy Rules, and the Local Rules; and it is further ORDERED that the hearing to consider confirmation of the Plan will be held on August 18, 2021 at 10:00 a.m. (prevailing Central Time); and it is further ORDERED that the deadline to file objections to the Plan is August 10, 2021 at 4:00p.m.The Debtor is authorized to distribute the Plan, the Disclosure Statement, and any related documents by providing instructions for how to access the Plan,

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IT IS HEREBY ADJUDGED and DECREED that the below described is SO ORDERED. Dated: July 14, 2021. ________________________________________ CRAIG A. GARGOTTA UNITED STATES BANKRUPTCY JUDGE ________________________________________________________________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. § § ORDER AUTHORIZING DONLIN, RECANO & COMPANY, INC. TO ACT AS BALLOTING AGENT, APPROVING DISCLOSURE STATEMENT, APPROVING SOLICITATION PACKAGES AND DISTRIBUTION PROCEDURES, APPROVING BALLOT FORMS AND PLAN VOTING PROCEDURES, FIXING THE DEADLINE TO ACCEPT OR REJECT THE PLAN, AND APPROVING PROCEDURES FOR VOTE TABULATIONS Upon the Motion [ECF No. 1006] (the “Motion”)2 of First River Energy, LLC (the “Debtor”), debtor and debtor-in-possession in the above-captioned chapter 11 case (the “Chapter 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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11 Case” or “Case”), pursuant to sections 105(a) and 503(b)(9) of title 11, United States Code (the “Bankruptcy Code”), for Order (I) Further Authorizing Donlin, Recano & Company, Inc. to Act as Balloting Agent, (II) Approving Disclosure Statement, (III) Approving Solicitation Packages and Distribution Procedures, Including the Confirmation Hearing Notice, (IV) Approving Ballot Forms and Plan Voting Procedures, (V) Fixing the Voting Deadline to Accept or Reject the Plan, and (VI) Approving the Procedures for Vote Tabulations; and the Court having jurisdiction to consider the Motion and the relief requested therein in accordance with 28 U.S.C. §§ 157 and 1334; and consideration of the Motion and the relief requested therein being a core proceeding; and venue being proper before this Court pursuant to 28 U.S.C. §§ 1408 and 1409; and due and proper notice of the Motion having been provided to the parties on the Limited Service List, and it appearing that no other or further notice need be provided; and after opportunity for hearing; and upon the record of all of the proceedings had before the Court; and the Court having found and determined that the relief sought in the Motion is in the best interests of the Debtor, its estate, creditors, and all parties in interest, and that the legal and factual bases set forth in the Motion establish just cause for the relief granted herein; and after due deliberation and sufficient cause appearing therefor, it is ORDERED that the Motion is granted as provided herein; and it is further ORDERED that the Third Amended Disclosure Statement for the Debtor’s Plan of Liquidation Under Chapter 11 of the United States Bankruptcy Code (ECF. No. 1025) filed in support of the Debtor’s Third Amended Plan of Liquidation (ECF No. 1026) is approved as containing adequate information regarding the Plan pursuant to 11 U.S.C. § 1125; and it is further 2 Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed to such terms in the Motion.

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ORDERED that Donlin, Recano & Company, Inc. (“Donlin Recano”) is authorized to, pursuant the procedures set forth in the Motion, which are hereby approved, (a) distribute the applicable solicitation materials, (b) administer and receive ballots; (c) tabulate and calculate votes; (d) determine with respect to each ballot cast, its timeliness and its compliance with the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”), and procedures promulgated by this Court; (e) generate an official ballot certification and testify, if necessary, in support of the ballot tabulation results, except that Donlin Recano is not required to attach each ballot to the ballot summary; (f) maintain a phone line for questions regarding the Plan, Disclosure Statement, and voting process; and (g) provide any and all other services related to the solicitation of ballots, the voting of ballots; and it is further ORDERED that the proposed notice for hearing on confirmation of plan proposed by the Debtor constitutes adequate and sufficient notice of the hearing to consider approval of the Plan, the manner in which a copy of the Plan or Disclosure Statement could be obtained, and the time fixed for filing objections to the Plan, in satisfaction of the requirements of the applicable provisions of the Bankruptcy Code, the Bankruptcy Rules, and the Local Rules; and it is further ORDERED that the hearing to consider confirmation of the Plan will be held on August 18, 2021 at 10:00 a.m. (prevailing Central Time); and it is further ORDERED that the deadline to file objections to the Plan is August 10, 2021 at 4:00p.m. (prevailing Central Time); and it is further ORDERED that the Solicitation Packages shall be sent to all creditors with known addresses and shall include the Confirmation Hearing Notice, the Ballot (if eligible to vote), and a pre-addressed return envelope (if eligible to vote) (the “Solicitation Packages”); and it is further

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ORDERED that the Debtor is not required to provide paper copies of the Disclosure Statement or Plan to any party-in-interest. The Debtor is authorized to distribute the Plan, the Disclosure Statement, and any related documents by providing instructions for how to access the Plan, the Disclosure Statement, and related documents online at the Debtor’s case information website or by requesting a paper copy of the Plan and the Disclosure Statement; and it is further ORDERED that the Solicitation Packages provide the holders of claims entitled to vote on the Plan with adequate information to make informed decisions with respect to voting on the Plan in accordance with Bankruptcy Rules 2002(b) and 3017(d), the Bankruptcy Code, and the Local Rules; and it is further ORDERED that the Debtor shall distribute the Solicitation Packages to all creditors entitled to vote within five business days of the entry of this Order; and it is further ORDERED that the Debtor is authorized to make non-substantive changes to the Solicitation Packages and related documents without further order of the Court, including ministerial changes to correct typographical and grammatical errors, and to make conforming changes among the Solicitation Packages, the Disclosure Statement, the Plan, and any related materials prior to mailing; and it is further ORDERED that the Debtor or Plan Administrator is authorized to pay Donlin Recano for its services and costs incurred in compliance with this Order on the same basis as the reimbursement of Donlin Recano’s fees as Claims and Noticing Agent; and it is further ORDERED that in order to be counted as a vote to accept or reject the Plan, each Ballot must be properly executed, completed, and delivered to Donlin Recano (a) by first class mail, in the return envelope provided with each Ballot, (b) by overnight courier, (c) by hand delivery, or (d) by scanning the completed Ballot and e-mailing the scanned copy of the completed Ballot to

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Donlin Recano at DRCVote@donlinrecano.com, with “First River Vote” on the subject line, so that the Ballot is actually received by Donlin Recano no later August 10, 2021 at 4:00 p.m. (prevailing Central Time) (the “Voting Deadline”). For any Ballot cast via electronic mail, the format of the attachment must be found in the common workplace and industry standard format (i.e., industry-standard PDF file) and the received date and time in the Donlin Recano’s inbox will be used as the timestamp for receipt; it is further ORDERED that no Ballots should be sent to the Debtor’s agents (other than Donlin Recano) or financial or legal advisors and any Ballots so received shall not be counted; and it is further ORDERED that solely for purposes of voting on the Plan, the amount of a claim used to tabulate acceptance or rejection of the Plan should be used, and as applicable as follows: a. If a claim is deemed allowed under the Plan, such claim is allowed for voting purposes in the deemed allowed amount set forth in the Plan; b. If a claim has been estimated or otherwise allowed for voting purposes by order of the Court, such claim is temporarily allowed in the amount so estimated or allowed by the Court for voting purposes only, and not for purposes of allowance or distribution; c. If a proof of claim was timely filed in an amount that is liquidated, noncontingent, and undisputed, such claim is temporarily allowed in the amount set forth in the proof of claim, unless such claim is disputed as set forth in subparagraph (g) below;

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d. If a claim for which a proof of claim has been timely filed is contingent, unliquidated, or disputed, such claim is not accorded a vote and will be valued at $0.00 for voting purposes; e. If a claim is listed in the Debtor’s schedules as contingent, unliquidated, or disputed and a proof of claim was not (i) filed by the applicable bar date for the filing of proofs of claim established by the Court or (ii) deemed timely filed by an order of the Court prior to the Voting Deadline, the Debtor proposes that such claim be disallowed for voting purposes and for purposes of allowance and distribution pursuant to Bankruptcy Rule 3003(c); f. If a claim is listed in the Debtor’s schedules or on a timely filed proof of claim as contingent, unliquidated, or disputed in part, such a claim is temporarily allowed in the amount that is liquidated, non-contingent, and undisputed for voting purposes only, and not for purposes of allowance or distribution; g. If the Debtor has served an objection or request for estimation as to a claim at least 10 days before the Voting Deadline, such claim is temporarily disallowed for voting purposes only and not for purposes of allowance or distribution, except as ordered by the Court before the Voting Deadline; h. For purposes of voting, classification, and treatment under the Plan, each entity that holds or has filed more than one claim, shall be treated as if such entity only has one claim in each applicable class and the claims filed

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by such entity shall be aggregated in each applicable class and the total dollar amount of such entity’s claim in each applicable class shall be the sum of the aggregated claims of such entity in each applicable class; i. Notwithstanding anything contained herein to the contrary, Donlin Recano, in its discretion, may contact voters to cure any defects in the Ballots and is authorized to cure any defects; and j. There shall be a rebuttable presumption that any claimant who submits a properly completed superseding Ballot or withdrawal of Ballot on or before the Voting Deadline has sufficient cause, within the meaning of Bankruptcy Rule 3018(a), to change or withdraw such claimant’s acceptance or rejection of the Plan. ORDERED that this Court shall retain jurisdiction to hear and determine all matters arising from or related to this Order. # # # Prepared and submitted by: 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 COUNSEL FOR DEBTOR AND DEBTOR-IN-POSSESSION

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