RESOLUTE ENERGY CORPORATION (NYSE:REN) Files An 8-K Other Events
Item 8.01 Other Events.

Supplemental Disclosures to the Proxy Statement

This Current Report on Form8-K discloses certain additional information relating to the proposed acquisition of Resolute Energy Corporation (“Resolute”) by Cimarex Energy Co. (“Cimarex”). Subject to the terms and conditions of the Agreement and Plan of Merger (the “Merger Agreement”), dated as of November18, 2018, by and among Resolute, Cimarex, CR Sub 1 Inc., a Delaware corporation and a direct wholly owned subsidiary of Cimarex (“Merger Sub 1”), and CR Sub 2 LLC, a Delaware limited liability company and a direct wholly owned subsidiary of Cimarex (“Merger Sub 2”), Merger Sub 1 will merge with and into Resolute, with Resolute continuing as the surviving corporation, and thereafter Resolute will merge with and into Merger Sub 2, with Merger Sub 2 continuing as the surviving company.

Resolute is making the following amended and supplemental disclosures (the“Supplemental Disclosures”) to the definitive proxy statement on Schedule 14A filed by Resolute with the Securities and Exchange Commission (the“SEC”) on January30, 2019 (the “Proxy Statement”). The Supplemental Disclosures should be read in conjunction with the Proxy Statement, which should be read in its entirety. Defined terms used but not defined herein have the meanings set forth in the Proxy Statement.

While Resolute believes that the disclosures set forth in the Proxy Statement comply fully with applicable law, to provide additional information to Resolute’s stockholders, Resolute is making these Supplemental Disclosures. Nothing in the Supplemental Disclosures shall be deemed an admission of the legal necessity or materiality under applicable law of any of the disclosures set forth herein or in the Proxy Statement.

SUPPLEMENTAL DISCLOSURES

This supplemental information should be read in conjunction with the Proxy Statement, which should be read in its entirety. Defined terms used but not defined below have the meanings set forth in the Proxy Statement. All pagereferences in the information below are to pagesin the Proxy Statement. Paragraph references used herein refer to the Proxy Statement before any additions or deletions resulting from the supplemental disclosures. The information contained herein speaks only as of February13, 2019 unless the information indicates another date applies.

1. The section of the Proxy Statement entitled “The Merger—Resolute Board Recommendation and Its Reasons for the Merger—Strategic Review Process” is hereby supplemented as follows:

The second bullet point on page53 of the Proxy Statement is revised in its entirety:

Strategic Review Process.

Certain Information Concerning Participants

Resolute, Cimarex and certain of their respective directors, executive officers and other persons may be deemed to be participants in the solicitation of proxies from Resolute’s stockholders in respect of the proposed transaction. Information about the directors and executive officers of Cimarex is set forth in Cimarex’s definitive proxy statement for its 2018 annual meeting of stockholders, which was filed with the SEC on March30, 2018. Information about the directors and executive officers of Resolute, including a description of their direct and indirect interests, by security holdings or otherwise, is set forth in the proxy statement/prospectus and is set forth in its definitive proxy statement for its 2018 annual meeting of stockholders, which was filed with the SEC on May18, 2018. These documents can be obtained free of charge from the sources indicated above. Other information regarding the participants in the proxy solicitation and a description of their direct and indirect interests, by security holdings or otherwise, are contained in the proxy statement/prospectus and will be contained in other relevant materials to be filed with the SEC when such materials become available. Investors should read the proxy statement/prospectus carefully before making any voting or investment decisions. You may obtain free copies of these documents from Resolute or Cimarex using the sources indicated above.

Cautionary Statement Regarding Forward-Looking Information

This report includes “forward-looking statements” within the meaning of the safe harbor provisions of the United States Private Securities Litigation Reform Act of 1995. Words such as “expect,” “estimate,” “project,” “budget,” “forecast,” “anticipate,” “intend,” “plan,” “may,” “will,” “could,” “should,” “poised,” “believes,” “predicts,” “potential,” “continue,” and similar expressions are intended to identify such forward-looking statements; however the absence of these words does not mean the statements are not forward-looking. Forward-looking statements in this report, such as statements regarding anticipated first quarter 2019 production and the anticipated closing date of the proposed transaction, include matters that involve known and unknown risks, uncertainties and other factors that may cause actual results, levels of activity, performance or achievements to differ materially from results expressed or implied by this report. Such risk factors include, among others: the expected timing and likelihood of completion of the proposed transaction, the ability to successfully integrate the businesses, the occurrence of any event, change or other circumstances that could give rise to the termination of the merger agreement, the possibility that stockholders of Resolute may not approve the merger agreement, the risk that the parties may not be able to satisfy the conditions to the proposed transaction in a timely manner or at all, risks related to disruption of management time from ongoing business operations due to the proposed transaction, the risk that any announcements relating to the proposed transaction could have adverse effects on the market price of Cimarex’s common stock or Resolute’s common stock, the risk of any unexpected costs or expenses resulting from the proposed transaction, the outcome of any litigation relating to the proposed transaction, the risk that the proposed transaction and its announcement could have an adverse effect on the ability of Cimarex and Resolute to retain customers and retain and hire key personnel and maintain relationships with their suppliers and customers and on their operating results and businesses generally, the risk the pending proposed transaction could distract management of both entities and they will incur substantial costs, the risk that problems may arise in successfully integrating the businesses of the companies, which may result in the combined company not operating as effectively and efficiently as expected, the risk that the combined company may be unable to achieve synergies or other anticipated benefits of the proposed transaction or it may take longer than expected to achieve those synergies or benefits, inaccuracy in expected production rates, the success of the business and financial strategy, hedging strategies and plans of Resolute, the amount, nature and timing of capital expenditures of Resolute, including future development costs, uncertainty surrounding timing of identifying drilling locations and necessary capital to drill such locations, the potential for downspacing, infill or multi-lateral drilling in the Permian Basin or obstacles thereto, the timing of issuance of permits and rights of way, the timing and amount of future production of oil and gas, availability of drilling, completion and production personnel, supplies and equipment, potential delays in the completion, commissioning and optimization schedule of Resolute’s facilities construction projects or any potential breakdown of such facilities, the impact of weather and the occurrence of disasters, such as fires, floods and other events and natural disasters, operational problems or uninsured or underinsured losses affecting Resolute’s operations or financial results, risks and uncertainties associated with horizontal drilling and completion techniques, the availability of water and our