Case MFW Doc 476 Filed 03/25/16 Page 1 of 5 UNITED STATES BANKRUPTCY COURT DISTRICT OF DELAWARE : : : : : : :

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1 Case MFW Doc 476 Filed 03/25/16 Page 1 of 5 UNITED STATES BANKRUPTCY COURT DISTRICT OF DELAWARE In re SWIFT ENERGY COMPANY, et al., 1 Debtors. Chapter 11 Case No (MFW) (Jointly Administered) CERTIFICATION OF DAVID HARTIE WITH RESPECT TO THE TABULATION OF VOTES ON THE JOINT PLAN OF REORGANIZATION PURSUANT TO CHAPTER 11 OF THE BANKRUPTCY CODE I, David Hartie, depose and say under penalty of perjury 1. I am employed as a Managing Director of Public Securities Services with Kurtzman Carson Consultants LLC ( KCC ), located at 1290 Avenue of the Americas, 9 th Floor, New York, NY I am over the age of 18 and not a party to this action. 2. On February 1, 2016, the Court entered the Order Authorizing the Debtors to Retain and Employ Kurtzman Carson Consultants LLC as (I) Administrative Advisor and (II) Strategic Communications Consultant for the Debtors [Docket No. 219]. 3. On February 5, 2016, the Court entered the Order (I) Approving Disclosure Statement, (II) Establishing Procedures for Solicitation and Tabulation of Votes on Plan, (III) Scheduling a Hearing on Confirmation of Plan, and (IV) Approving Certain Opt-Out Procedures for Equity Holders [Docket No. 247] (the Disclosure Statement Order ). 4. KCC worked with the Debtors counsel to solicit votes to accept or reject the Joint Plan of Reorganization of the Debtors and Debtors in Possession [Docket No. 243] (the Plan ) and to tabulate the ballots of creditors voting to accept or reject the Plan. Except as 1 The Debtors are the following nine entities (the last four digits of their respective taxpayer identification numbers follow in parentheses) Swift Energy Company (0661); Swift Energy International, Inc. (6721); Swift Energy Group, Inc. (8150); Swift Energy USA, Inc. (8212); Swift Energy Alaska, Inc. (6493); Swift Energy Operating, LLC (2961); GASRS LLC (4381); SWENCO-Western, LLC (0449); and Swift Energy Exploration Services, Inc. (2199). The address of each of the Debtors is Northchase Drive, Suite 100, Houston, Texas NAI v2 1

2 Case MFW Doc 476 Filed 03/25/16 Page 2 of 5 otherwise noted, I could and would testify to the following based upon my personal knowledge. I am authorized to submit this Certification on behalf of KCC. 5. KCC has considerable experience in soliciting and tabulating votes to accept or reject proposed chapter 11 plans. A. Service and Transmittal of Solicitation Packages and Related Information 6. On February 24, 2016, KCC caused to be served Solicitation Packages 2 on holders of Senior Notes Claims in Classes 4A, 4B, 4E and 4F, and on March 10, 2016, KCC caused to be served Solicitation Packages on holders of Rejection Claims in Classes 4A, 4B, 4E and 4F in accordance with the Disclosure Statement Order. Additionally, KCC caused to be served the Confirmation Hearing Notice on all creditors and equity holders including the Non- Voting Classes (Classes 1A through 1I Priority Claims, 2A, 2F, 2G and 2H RBL Secured Claims, 3A through 3I Other Secured Claims, 5A through 5I General Unsecured Claims, 6A through 6I Intercompany Claims, 7B through 7I Intercompany Interests and 8A Stock Interests of Swift), and parties asserting administrative claims. The Affidavits of Service evidencing the foregoing were filed with the Court on March 15, 2016 [Docket No. 418] and on March 24, 2016 [Docket No. 472]. The Affidavit of Publication related to the publication of the Confirmation Hearing Notice in USA Today was filed with the Court on March 4, 2016 [Docket No. 380]. The Affidavit of Publication related to the publication of the Confirmation Hearing Notice in the Houston Chronicle was filed with the Court on March 11, 2016 [Docket No. 404]. B. The Tabulation Process 7. The Disclosure Statement Order established February 19, 2016 as the record date (the General Record Date ) for all holders of claims entitled to receive Solicitation Packages 2 Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Disclosure Statement Order. NAI v2 2

3 Case MFW Doc 476 Filed 03/25/16 Page 3 of 5 and, where applicable, vote on the Plan except holders of Rejection Claims. The record date for holders of Rejection Claims was established as March 9, 2016 (the Rejection Claims Record Date ). Pursuant to the Disclosure Statement Order, only holders of Senior Note Claims in Class 4A, 4B, 4E and 4F and Rejection Claims in Class 4A, 4B, 4E and 4F (the Voting Classes ) were entitled to vote to accept or reject the Plan. 8. For Senior Note Claims, KCC provided Solicitation Packages containing the appropriate Ballot to the banks and brokerage firms (the Nominees ) appearing on the security position reports as of the General Record Date, as provided by The Depository Trust Company ( DTC ), or the Nominee s agent (i.e., Broadridge, Mediant Communications or INVeSHARE) for subsequent forwarding to the underlying beneficial holders of Senior Note Claims entitled to receive Solicitation Packages and vote to accept or reject the Plan. KCC also provided Master Ballots to each Nominee, or their agent, for their use in reporting the voting of the underlying beneficial owners. 9. For Rejection Claims, KCC relied on Debtors counsel and other advisors to provide a Contract Rejection List (Exhibit E to the Notice of Filing of Supplemental Disclosure and Exhibits to the Joint Plan of Reorganization [Docket No. 393]) as of the Rejection Claims Record Date in order to identify the holders of Class Rejection Claims entitled to vote to accept or reject the Plan. 10. Using the information outlined above, in accordance with the Disclosure Statement Order and with specific guidance and approval from Debtors counsel, KCC created a voting database reflecting the names of holders in the Voting Classes, addresses of such holders, voting amounts and classification of Claims in the Voting Classes. KCC generated ballots for holders of claims entitled to vote to accept or reject the Plan using the voting database. NAI v2 3

4 Case MFW Doc 476 Filed 03/25/16 Page 4 of The Disclosure Statement Order established March 23, 2016 at 500 p.m. (Eastern Time) as the deadline for receiving Senior Note Claim ballots to accept or reject the Plan and March 25, 2016 at 500 p.m. (Eastern Time) as the deadline for receiving Rejection Claim ballots to accept or reject the Plan (the Voting Deadlines ). 12. Pursuant to the Disclosure Statement Order, KCC received and tabulated Rejection Claim ballots as follows (a) all returned ballots were opened and inspected at KCC s office; (b) all ballots were date-stamped and scanned into KCC CaseView, KCC s propriety system, and (c) all ballots received on or before the Voting Deadlines were then entered into KCC CaseView, KCC s propriety system, and tabulated in accordance with the tabulation rules outlined in the Disclosure Statement Order. 13. For Senior Notes Claims, Beneficial Holder votes represented by Master Ballots submitted by the Nominees or their agents were tabulated against the Record Date security position amount appearing for each Nominee as listed on the security position reports provided by DTC. 14. Set forth below is a summary of the voting results with respect to the Senior Notes Claims tabulated on a consolidated basis Total Ballots Received Accept Reject Number Amount Number Amount Class 4A, 4B, 4E and 4F Senior Notes Claims 651 (91.05%) $675,837, (95.21%) 64 (8.95%) $34,030, (4.79%) NAI v2 4

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6 Case MFW Doc Filed 03/25/16 Page 1 of 2 Exhibit A

7 Case MFW Doc Filed 03/25/16 Page 2 of 2 Exhibit A Senior Notes Claims Unacceptable Ballots Creditor Name Date Received Voting Amount # of Votes Accept/Reject the Plan? Elena Sammons 3/24/2016 $10, Accept Michael Sammons 3/24/2016 $10, Accept Reason Unacceptable Late received Beneficial Holder Ballot which should have been returned to Nominee for processing on a Master Ballot. Late received Beneficial Holder Ballot which should have been returned to Nominee for processing on a Master Ballot. Page 1 of 1