Common use of Leases and Contracts; Performance of Obligations Clause in Contracts

Leases and Contracts; Performance of Obligations. The oil, gas and/or mineral leases, contracts, servitudes and other agreements forming a part of the Mortgaged Properties, to the extent the same cover or otherwise relate to any Mortgaged Property, are in full force and effect, and Mortgagor agrees to maintain them in full force and effect. All rents, royalties and other payments due and payable under such leases, contracts, servitudes and other agreements, or under the Permitted Encumbrances, or otherwise attendant to the ownership or operation of the Mortgaged Properties, have been, and will continue to be, properly and timely paid. Mortgagor is not in default with respect to Mortgagors’ obligations (and Mortgagor is not aware of any default by any third party with respect to such third party’s obligations) under such leases, contracts, servitudes and other agreements, or under the Permitted Encumbrances, or otherwise attendant to the ownership or operation of any part of the Mortgaged Properties, where such default would reasonably be expected to adversely affect the ownership or operation of the Mortgaged Properties; and Mortgagor will fulfill all such obligations coming due in the future. Mortgagor is not currently accounting (and will not hereafter agree to account) for any royalties, or overriding royalties or other payments out of production, on a basis (other than delivery in kind) less favorable to Mortgagor than proceeds received by Mortgagor (calculated at the well) from sale of production, and there are no situations where Mortgagor is aware that a contingent liability may exist to account on a basis other than on the basis of proceeds received by Mortgagor (calculated at the well).

Leases and Contracts; Performance of Obligations. The oilExcept for those Mineral Interests disposed of in accordance with this Agreement and oil and gas leases that have expired in accordance with their terms, gas and/or mineral the leases, contracts, servitudes and other agreements forming a part of the Mortgaged Properties, to Mineral Interests of the extent Restricted Persons covered by the same cover or otherwise relate to any Mortgaged Property, most recently delivered Engineering Report are in full force and effecteffect unless (i) disputed in good faith by appropriate proceedings and for which adequate reserves have been maintained in accordance with GAAP, and Mortgagor agrees or (ii) the failure to maintain them be in full force and effecteffect could not reasonably be expected to cause a Material Adverse Change. All rents, royalties and other payments due and payable under such leases, contracts, servitudes and other agreements, or under the any Permitted EncumbrancesLiens, or otherwise attendant to the ownership or operation of any Mineral Interests covered by the Mortgaged Propertiesmost recently delivered Engineering Report, have been, and will continue to be, been properly and timely paidpaid or will be paid prior to deliquency unless (i) disputed in good faith by appropriate proceedings and for which adequate reserves have been maintained in accordance with GAAP or (ii) the failure to pay could not reasonably be expected to cause a Material Adverse Change. Mortgagor No Restricted Person is not in default with respect to Mortgagors’ its obligations (and Mortgagor no Restricted Person is not aware of any default by any third party with respect to such third party’s obligations) under any such leases, contracts, servitudes and other agreements, or under the any Permitted EncumbrancesLiens, or otherwise attendant to the ownership or operation of any part of the Mortgaged PropertiesMineral Interests covered by the Engineering Report, where such default would failure could reasonably be expected to adversely affect the ownership or operation of the Mortgaged Properties; and Mortgagor will fulfill all such obligations coming due in the futurecause a Material Adverse Change. Mortgagor No Restricted Person is not currently accounting (and will not hereafter agree to account) for any royalties, or overriding royalties or other payments out of production, on a basis (other than delivery in kind) less favorable to Mortgagor such Restricted Person than proceeds received by Mortgagor such Restricted Person (calculated at the well) from sale of production, and there are no situations where Mortgagor is aware that a contingent Restricted Person has any liability may exist (or alleged liability) to account for the same on a basis other than on the basis of proceeds received by Mortgagor (calculated at the well)any such less favorable basis.

Leases and Contracts; Performance of Obligations. The oilExcept for those Mineral Interests disposed of in accordance with this Agreement and oil and gas leases that have expired in accordance with their terms, gas and/or mineral the leases, contracts, servitudes and other agreements forming a part of the Mortgaged Properties, to Mineral Interests of the extent Restricted Persons covered by the same cover or otherwise relate to any Mortgaged Property, most recently delivered Engineering Report are in full force and effecteffect unless (a) disputed in good faith by appropriate proceedings and for which adequate reserves have been maintained in accordance with GAAP, and Mortgagor agrees or (b) the failure to maintain them be in full force and effecteffect could not reasonably be expected to cause a Material Adverse Change. All rents, royalties and other payments due and payable under such leases, contracts, servitudes and other agreements, or under the any Permitted EncumbrancesLiens, or otherwise attendant to the ownership or operation of any Mineral Interests covered by the Mortgaged Propertiesmost recently delivered Engineering Report, have been, and will continue to be, been properly and timely paidpaid or will be paid prior to delinquency unless (i) disputed in good faith by appropriate proceedings and for which adequate reserves have been maintained in accordance with GAAP or (ii) the failure to pay could not reasonably be expected to cause a Material Adverse Change. Mortgagor No Restricted Person is not in default with respect to Mortgagors’ its obligations (and Mortgagor no Restricted Person is not aware of any default by any third party with respect to such third party’s obligations) under any such leases, contracts, servitudes and other agreements, or under the any Permitted EncumbrancesLiens, or otherwise attendant to the ownership or operation of any part of the Mortgaged PropertiesMineral Interests covered by the Engineering Report, where such default would failure could reasonably be expected to adversely affect the ownership or operation of the Mortgaged Properties; and Mortgagor will fulfill all such obligations coming due in the futurecause a Material Adverse Change. Mortgagor No Restricted Person is not currently accounting (and will not hereafter agree to account) for any royalties, or overriding royalties or other payments out of production, on a basis (other than delivery in kind) less favorable to Mortgagor such Restricted Person than proceeds received by Mortgagor such Restricted Person (calculated at the well) from sale of production, and there are no situations where Mortgagor is aware that a contingent Restricted Person has any liability may exist (or alleged liability) to account for the same on a basis other than on the basis of proceeds received by Mortgagor (calculated at the well)any such less favorable basis.

Leases and Contracts; Performance of Obligations. The oil, gas and/or mineral leases, contracts, servitudes and other agreements forming a part of the Mortgaged PropertiesProperty, to the extent the same cover or otherwise relate to any Mortgaged the Property, are in full force and effect, and Mortgagor except for such defects in title as could not, individually or in the aggregate, reasonably be expected to have a material adverse effect on the valuation of the Property as of the date hereof. Mxxxxxxxx agrees to maintain them The oil, gas and/or mineral leases, contracts, servitudes and other agreements forming a part of the Property in full force and effect, to the extent commercially reasonable under the circumstances. All rents, royalties and other payments due and payable under such leases, contracts, servitudes and other agreements, or under the Permitted Encumbrances, or otherwise attendant to the ownership or operation of the Mortgaged PropertiesProperty, have been, and will continue to be, properly and timely paid, except to the extent failure to do so could not, individually or in the aggregate, reasonably be expected to have a material adverse effect on the valuation of the Property as of the date hereof. Mortgagor is not in default with respect to Mortgagors’ Mxxxxxxxx's obligations (and Mortgagor is not aware of any default by any third party with respect to such third party’s 's obligations) under such leases, contracts, servitudes and other agreements, or under the Permitted Encumbrances, or otherwise attendant to the ownership or operation of any part of the Mortgaged PropertiesProperty, except where such default would could not, individually or in the aggregate, reasonably be expected to adversely affect have a material adverse effect on the ownership or operation valuation of the Mortgaged PropertiesProperty as of the date hereof; and Mortgagor will fulfill all such obligations coming due in the future, to the extent commercially reasonable under the circumstances. Mortgagor is not currently accounting (and will not hereafter agree to account) for any royalties, or overriding royalties or other payments out of production, on a basis (other than delivery in kind) less favorable to Mortgagor than proceeds received by Mortgagor Mxxxxxxxx (calculated at the well) from sale of production, and there are no situations where Mortgagor Mxxxxxxxx is aware that a contingent liability may exist to account on a basis other less favorable to Mortgagor than on the basis of proceeds received by on which Mortgagor (calculated at the well)is currently accounting.

Leases and Contracts; Performance of Obligations. The oilExcept for those Mineral Interests disposed of in accordance with this Agreement and oil and gas leases that have expired in accordance with their terms, gas and/or mineral the leases, contracts, servitudes and other agreements forming a part of the Mortgaged Properties, to Mineral Interests of the extent Restricted Persons covered by the same cover or otherwise relate to any Mortgaged Property, most recently delivered Engineering Report are in full force and effecteffect unless (i) disputed in good faith by appropriate proceedings and for which adequate reserves have been maintained in accordance with GAAP, and Mortgagor agrees or (ii) the failure to maintain them be in full force and effecteffect could not reasonably be expected to cause a Material Adverse Change. All rents, royalties and other payments due and payable under such leases, contracts, servitudes and other agreements, or under the any Permitted EncumbrancesLiens, or otherwise attendant to the ownership or operation of any Mineral Interests covered by the Mortgaged Propertiesmost recently delivered Engineering Report, have been, and will continue to be, been properly and timely paidpaid or will be paid prior to delinquency unless (i) disputed in good faith by appropriate proceedings and for which adequate reserves have been maintained in accordance with GAAP or (ii) the failure to pay could not reasonably be expected to cause a Material Adverse Change. Mortgagor No Restricted Person is not in default with respect to Mortgagors’ its obligations (and Mortgagor no Restricted Person is not aware of any default by any third party with respect to such third party’s 's obligations) under any such leases, contracts, servitudes and other agreements, or under the any Permitted EncumbrancesLiens, or otherwise attendant to the ownership or operation of any part of the Mortgaged PropertiesMineral Interests covered by the Engineering Report, where such default would failure could reasonably be expected to adversely affect the ownership or operation of the Mortgaged Properties; and Mortgagor will fulfill all such obligations coming due in the futurecause a Material Adverse Change. Mortgagor No Restricted Person is not currently accounting (and will not hereafter agree to account) for any royalties, or overriding royalties or other payments out of production, on a basis (other than delivery in kind) less favorable to Mortgagor such Restricted Person than proceeds received by Mortgagor such Restricted Person (calculated at the well) from sale of production, and there are no situations where Mortgagor is aware that a contingent Restricted Person has any liability may exist (or alleged liability) to account for the same on a basis other than on the basis of proceeds received by Mortgagor (calculated at the well)any such less favorable basis.

Leases and Contracts; Performance of Obligations. The oilExcept as otherwise permitted in the Credit Agreement, gas and/or mineral leasesall material Contracts, contractsServitudes, servitudes Surface Leases, Leases, and other agreements and leases forming a part of the Mortgaged Properties, to the extent the same cover or otherwise relate to any Mortgaged Property, Property are in full force and effect, except to the extent any of the same may terminate due to expiration of the stated terms thereof or where the termination thereof could not reasonably be expected to result in a Material Adverse Effect, and Mortgagor agrees to so maintain them in full force and effect. All Except as otherwise permitted in the Credit Agreement, all rents, royalties and other payments due and payable by Mortgagor under the provisions of such leasesContracts, contractsServitudes, servitudes Surface Leases, Leases and other agreementsagreements and leases, or under the Permitted EncumbrancesLiens permitted under Section 7.3 of the Credit Agreement, or otherwise attendant to the ownership or operation of the Mortgaged PropertiesProperty by Mortgagor, have been, and will continue to be, properly and timely paid. Mortgagor is not in default with respect to Mortgagors’ Mortgagor’s obligations (and Mortgagor is not aware of any default by any third party with respect to such third party’s obligations) under such Contracts, Servitudes, Surface Leases, Leases or other agreements or leases, contracts, servitudes and other agreements, or under the Permitted EncumbrancesLiens permitted under Section 7.3 of the Credit Agreement, or otherwise attendant to the ownership or operation of any part of the Mortgaged PropertiesProperty, where such default would could reasonably be expected to adversely affect the ownership or operation of the Mortgaged Propertiesresult in a Material Adverse Effect; and Mortgagor will fulfill all such obligations coming due in the future, except where such failure to do so could not reasonably be expected to result in a Material Adverse Effect. Mortgagor is not currently accounting (and will not hereafter agree to account) for any royalties, or overriding royalties or other payments out of production, on a basis (other than delivery in kind) less favorable to Mortgagor than proceeds received by Mortgagor (calculated at the well) from sale of production, and there There are no situations where Mortgagor is aware that a contingent liability may exist which may require Mortgagor to account for such liability on a basis other less favorable to Mortgagor than on the basis of proceeds received by on which Mortgagor (calculated at the well)is currently accounting.

Leases and Contracts; Performance of Obligations. The oilExcept for those Mineral Interests disposed of in accordance with this Agreement and oil and gas leases that have expired in accordance with their terms, gas and/or mineral the leases, contracts, servitudes and other agreements forming a part of the Mortgaged Properties, to Mineral Interests of the extent Restricted Persons covered by the same cover or otherwise relate to any Mortgaged Property, most recently delivered Engineering Report are in full force and effecteffect unless (i) disputed in good faith by appropriate proceedings and for which adequate reserves have been maintained in accordance with GAAP, and Mortgagor agrees or (ii) the failure to maintain them be in full force and effecteffect could not reasonably be expected to cause a Material Adverse Change. All rents, royalties and other payments due and payable under such leases, contracts, servitudes and other agreements, or under the any Permitted EncumbrancesLiens, or otherwise attendant to the ownership or operation of any Mineral Interests covered by the Mortgaged Propertiesmost recently delivered Engineering Report, have been, and will continue to be, been properly and timely paidpaid or will be paid prior to delinquency unless (i) disputed in good faith by appropriate proceedings and for which adequate reserves have been maintained in accordance with GAAP or (ii) the failure to pay could not reasonably be expected to cause a Material Adverse Change. Mortgagor No Restricted Person is not in default with respect to Mortgagors’ its obligations (and Mortgagor no Restricted Person is not aware of any default by any third party with respect to such third party’s obligations) under any such leases, contracts, servitudes and other agreements, or under the any Permitted EncumbrancesLiens, or otherwise attendant to the ownership or operation of any part of the Mortgaged PropertiesMineral Interests covered by the Engineering Report, where such default would failure could reasonably be expected to adversely affect the ownership or operation of the Mortgaged Properties; and Mortgagor will fulfill all such obligations coming due in the futurecause a Material Adverse Change. Mortgagor No Restricted Person is not currently accounting (and will not hereafter agree to account) for any royalties, or overriding royalties or other payments out of production, on a basis (other than delivery in kind) less favorable to Mortgagor such Restricted Person than proceeds received by Mortgagor such Restricted Person (calculated at the well) from sale of production, and there are no situations where Mortgagor is aware that a contingent Restricted Person has any liability may exist (or alleged liability) to account for the same on a basis other than on the basis of proceeds received by Mortgagor (calculated at the well)any such less favorable basis.

Leases and Contracts; Performance of Obligations. The To the best of Mortgagor's knowledge, the oil, gas and/or mineral leases, contracts, servitudes and other agreements forming a part of the Mortgaged Properties, to the extent the same cover or otherwise relate to any Mortgaged Property, Property are in full force and effect, and Mortgagor agrees to so maintain them in full force and effect. All To the best of Mortgagor's knowledge, all rents, royalties and other payments due and payable under such leases, contracts, servitudes and other agreements, or under the Permitted Encumbrances, or otherwise attendant to the ownership or operation of the Mortgaged PropertiesProperty, have been, and will continue to be, properly and timely paid. Mortgagor is not in default with respect to Mortgagors’ Mortgagor's obligations (and Mortgagor is not aware of any default by any third party with respect to such third party’s 's obligations) under such leases, contracts, servitudes and other agreements, or under the Permitted Encumbrances, or otherwise attendant to the ownership or operation of any part of the Mortgaged PropertiesProperty, where such default would reasonably be expected to could adversely affect the ownership or operation of the Mortgaged PropertiesProperty; and Mortgagor will fulfill all such obligations coming due in the future. Mortgagor is not currently accounting (and will not hereafter agree to account) for any royalties, or overriding royalties or other payments out of production, on a basis (other than delivery in kind) less favorable to Mortgagor than proceeds received by Mortgagor (calculated at the well) from sale of production, and there are no situations where Mortgagor is aware that a contingent liability may exist to account on a basis other less favorable to Mortgagor than on the basis of proceeds received by Mortgagor (calculated at the well).