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IN WITNESS WHEREOF, the parties to this Merger Agreement, pursuant to the approval <br />and authority duly given by resolutions adopted by their respective Members have caused these <br />presents to be duly executed by the authorized officer of each Member party hereto. <br />OXBOW MINING, LLC <br />Surviving Company <br />By: OXBOW CARBON LLC <br />Member <br />By:d/A,V <br />David W. Clark <br />Its Assistant Secretary <br />TERROR CREEK LLC <br />Merged Company <br />By: OXBOW MINING, LLC <br />Member <br />By: Aid . <br />1&9 <br />David W. Clark <br />Its Assistant Secretary <br />