Forward Sales. Except in accordance with ordinary practice in the Oil and Gas Business, enter into or permit to exist any advance payment agreement or other arrangement pursuant to which the Borrower or any of its Subsidiaries, having received full or substantial payment of the purchase price for a specified quantity of Hydrocarbons upon entering such agreement or arrangement, is required to deliver, in one or more installments subsequent to the date of such agreement or arrangement, such quantity of Hydrocarbons pursuant to and during the terms of such agreement or arrangement.
Forward Sales. Except in accordance with usual and customary practice in the Oil and Gas Business and except for Hydrocarbon imbalances not in excess of the greater of (i) 10 Bcfe or (ii) 3% of projected PDP production from time to time from the Oil and Gas Properties of the Borrower and the Subsidiaries for the succeeding twelve calendar months, enter into or permit to exist any advance payment agreement or other arrangement pursuant to which the Borrower or any of the Subsidiaries, having received full or substantial payment of the purchase price for a specified quantity of Hydrocarbons upon entering such agreement or arrangement, is required to deliver, in one or more installments subsequent to the date of such agreement or arrangement, such quantity of Hydrocarbons pursuant to and during the terms of such agreement or arrangement.
Forward Sales. Lessor acknowledges that Miranda shall have the right to market and sell or refrain from selling ores and minerals mined from the Property and Precious Metals and Other Products produced from ores and minerals mined from the Property in any manner it may elect. Accordingly, Gross Value shall be determined as provided in Section 3 above irrespective of any actual selling arrangements entered into by Miranda, specifically including, but not limited to, forward sales, futures trading or commodity options trading, and any other price hedging, price protection and speculative arrangements which may involve the possible delivery of ores and minerals and Precious Metals or Other Products produced from ores and minerals mined from the Property.
Forward Sales. Except in accordance with usual and customary practice in the Oil and Gas Business and except for gas imbalances not in excess of 5.0 billion cubic feet, enter into or permit to exist any advance payment agreement or other arrangement pursuant to which the Borrower or any of its Restricted Subsidiaries, having received full or substantial payment of the purchase price for a specified quantity of Hydrocarbons upon entering such agreement or arrangement, is required to deliver, in one or more installments subsequent to the date of such agreement or arrangement, such quantity of Hydrocarbons pursuant to and during the terms of such agreement or arrangement.
Forward Sales. Except in accordance with ordinary practice in the Oil and Gas Business, permit EPPG to enter into or permit to exist any advance payment agreement or other arrangement pursuant to which the Borrower or any of its Subsidiaries, having received full or substantial payment of the purchase price for a specified quantity of Hydrocarbons from any of the Borrowing Base Properties upon entering such agreement or arrangement, is required to deliver, in one or more installments subsequent to the date of such agreement or arrangement, such quantity of Hydrocarbons pursuant to and during the terms of such agreement or arrangement.
Forward Sales. Seller is not obligated by virtue of a take or pay payment, advance payment or other similar payment (other than royalties, overriding royalties and similar arrangements reflected on Exhibit “A”), to deliver Hydrocarbons, or proceeds from the sale thereof, attributable to the Leases at some future time without receiving payment therefor at or after the time of delivery.
Forward Sales. The Company has entered into a Master Confirmation, dated as of the date hereof, with the Forward Purchaser, a copy of which is attached hereto as Exhibit A (the “Master Confirmation”). In connection with the Master Confirmation and a Forward Sale, the Forward Purchaser may instruct an affiliate to borrow and sell Common Stock or engage in certain other hedging activities related thereto. Pursuant to the Master Confirmation, subject to the terms and conditions herein and therein, the Company will deliver to the Forward Purchaser, or an affiliate thereof (including the Agent), up to the number of Shares as may be sold as a Forward Sale in accordance with the terms of this Agreement. In connection therewith, the Company and the Forward Purchaser understand that the Forward Purchaser or its affiliate, through the Agent, will effect sales of Shares not in excess of the Maximum Program Amount on the terms set forth in Section 2 of this Agreement.
Forward Sales. 67 7.11 Distributions...............................................67 7.12
Forward Sales. 117 6.15. AMENDMENTS OR WAIVERS OF CERTAIN RELATED AGREEMENTS............................................. 117 6.16. AMENDMENTS OR WAIVERS OF WITH RESPECT TO SENIOR SECURED INDEBTEDNESS............................ 117 6.17. FISCAL YEAR..................................................................................... 117 SECTION 7. GUARANTY................................................................................... 117 7.1. GUARANTY OF THE OBLIGATIONS...................................................................... 117 7.2. CONTRIBUTION BY GUARANTORS....................................................................... 118 7.3. PAYMENT BY GUARANTORS............................................................................ 119 7.4. LIABILITY OF GUARANTORS ABSOLUTE................................................................. 119 7.5.
Forward Sales. Seller is not obligated by virtue of a take or pay payment, advance payment or other similar payment to deliver or proceeds from the sale thereof, attributable to the Leases at some future time without receiving payment therefore at or after the time of delivery, applicable to the transactions contemplated by this Agreement, except for governmental consents and approvals of assignments that are customarily obtained after Closing.
