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

Leases and Contracts; Performance of Obligations. The leases, contracts, servitudes, and other agreements forming a part of the Oil and Gas Properties of the Restricted Persons covered by the most recently delivered Engineering Report are in full force and effect (except those disposed of in accordance with, and to the extent permitted by, the terms hereof since delivery of such Engineering Report). All of the rents, royalties, and other payments due and payable under such leases, contracts, servitudes, and other agreements, or under any Permitted Liens, or otherwise attendant to the ownership or operation of any Oil and Gas Properties covered by the most recently delivered Engineering Report, have been properly and timely paid (other than royalty payments suspended in the ordinary course of business); provided that, to the extent that this representation and warranty applies, involves or otherwise relates to Non-Operated Properties, such representation and warranty will be deemed qualified to the Borrower’s knowledge. No Restricted Person is in default with respect to its obligations (and no Restricted Person is 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 any Permitted Liens, or otherwise attendant to the ownership or operation of any part of the Oil and Gas Properties covered by the most recently delivered Engineering Report, where such default could adversely affect the ownership or operation of such Oil and Gas Properties. No Restricted Person is currently accounting for any royalties, or overriding royalties or other payments out of production, on a basis (other than delivery in kind) less favorable to such Restricted Person than proceeds received by such Restricted Person (calculated at the well or as otherwise required by the applicable oil, gas and or mineral lease) from sale of production, and no Restricted Person has any liability (or alleged liability) to account for the same on any such less favorable basis. 70 [CREDIT AGREEMENT]

Appears in 1 contract

Samples: Credit Agreement (Kolibri Global Energy Inc.)

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Leases and Contracts; Performance of Obligations. The leases, contracts, servitudes, servitudes and other agreements forming a part of the Oil and Gas Properties of the Restricted Persons covered by the most recently delivered Initial Engineering Report and each subsequent Engineering Report are in full force and effect (except those disposed of in accordance with, and to the extent permitted by, the terms hereof since delivery of such Engineering Report)effect. All of the rents, royalties, royalties and other payments due and payable under such leases, contracts, servitudes, servitudes and other agreements, or under any Permitted Liens, or otherwise attendant to the ownership or operation of any such Oil and Gas Properties covered by the most recently delivered Engineering ReportProperties, have been properly and timely paid (except where the failure to do so would not materially adversely affect any material lease, contract, servitude or other than royalty payments suspended in the ordinary course of business); provided that, to the extent that this representation and warranty applies, involves or otherwise relates to Non-Operated Properties, such representation and warranty will be deemed qualified to the Borrower’s knowledgeagreement. No Restricted Person is in default with respect to its obligations (and no Restricted Person is aware of any default by any third party with respect to such third party’s obligations) under any such leases, contracts, servitudes, servitudes and other agreements, or under any Permitted Liens, or otherwise attendant to the ownership or operation of any part of the such Oil and Gas Properties covered by the most recently delivered Engineering ReportProperties, where such default could would reasonably be expected to materially adversely affect the ownership or operation of such Oil and Gas Properties. No Restricted Person is Mid-Con Energy Properties, LLC Credit Agreement currently accounting for any royalties, or overriding royalties or other payments out of production, on a basis (other than delivery in kind) less favorable to such Restricted Person than proceeds received by such Restricted Person (calculated at the well or as otherwise required by the applicable oil, gas and or mineral leasewell) from sale of production, and no Restricted Person has to its knowledge any liability (or alleged liability) to account for the same on any such less favorable basis. 70 [CREDIT AGREEMENT].

Appears in 1 contract

Samples: Credit Agreement (Mid-Con Energy Partners, LP)

Leases and Contracts; Performance of Obligations. The Except as disclosed in Section 5.28 of the Disclosure Schedule, (a) the leases, contracts, servitudes, servitudes and other agreements forming a part of the Oil and Gas Properties of the Restricted Persons covered by the most recently delivered Engineering Report are in full force and effect in all material respects, (except those disposed of in accordance with, and to the extent permitted by, the terms hereof since delivery of such Engineering Report). All of the b) all material rents, royalties, royalties and other payments due and payable by any Restricted Person or, to Borrower’s knowledge, any other Person under such leases, contracts, servitudes, servitudes and other agreements, or under any Permitted Liens, or otherwise attendant to the ownership or operation of any Oil and Gas Properties covered by the most recently delivered Engineering ReportProperties, have been properly and timely paid paid, and (other than royalty payments suspended in the ordinary course of business); provided that, to the extent that this representation and warranty applies, involves or otherwise relates to Non-Operated Properties, such representation and warranty will be deemed qualified to the Borrower’s knowledge. No c) no Restricted Person is in default with respect to its obligations (and no Restricted Person is aware has knowledge of any default by any third party with respect to such third party’s obligations) under any such leases, contracts, servitudes, servitudes and other agreements, or under any Permitted Liens, or otherwise attendant to the ownership or operation of any part of the Oil and Gas Properties covered by the most recently delivered Engineering ReportProperties, where such default could adversely affect the ownership or operation of such Oil and Gas Properties. No Restricted Person is currently accounting for any royalties, or overriding royalties or other payments out of production, on a basis (other than delivery in kind) less favorable to such Restricted Person than proceeds received by such Restricted Person (calculated at the well or as otherwise required by the applicable oil, gas and or mineral leasewell) from sale of production, and no Restricted Person has any liability (or alleged liability) to account for the same on any such less favorable basis. 70 [CREDIT AGREEMENT]As used in this Section, “Oil and Gas Properties” means Oil and Gas Properties to which Proved Reserves of the Restricted Persons in Texas are properly attributed.

Appears in 1 contract

Samples: Credit Agreement (Gastar Exploration LTD)

Leases and Contracts; Performance of Obligations. The Except for Immaterial Deficiencies, the leases, contracts, servitudes, servitudes and other agreements forming a part of the Oil and Gas Properties of the Restricted Persons covered by the most recently delivered Engineering Report are in full force and effect (except those disposed of in accordance with, and to the extent permitted by, the terms hereof since delivery of such Engineering Report)effect. All of the rents, royalties, royalties and other payments due and payable under such leases, contracts, servitudes, servitudes and other agreements, or under any Permitted Liens, or otherwise attendant to the ownership or operation of any Oil and Gas Properties covered by the most recently delivered Engineering Report, have been properly and timely paid (other than (i) royalty payments suspended in the ordinary course of business); provided that, to (ii) those contested in accordance with the extent that this representation and warranty applies, involves terms of the applicable joint operating agreement or otherwise relates to Non-Operated Properties, such representation contested in good faith and warranty will be deemed qualified to by appropriate proceedings and reserves for the Borrower’s knowledgepayment of which are being maintained in accordance with GAAP and (iii) any other amounts not in excess of $500,000 in the aggregate). No Restricted Person is in default with respect to its obligations (and no Restricted Person is aware of any default by any third party with respect to such third party’s obligations) under any such leases, contracts, servitudes, servitudes and other agreements, or under any Permitted Liens, or otherwise attendant to the ownership or operation of any part of the Oil and Gas Properties covered by the most recently delivered Engineering Report, where such default could adversely affect the ownership or operation of such Oil and Gas PropertiesProperties in any material respect. No Restricted Person is currently accounting for any royalties, or overriding royalties or other payments out of production, on a basis (other than delivery in kind) materially less favorable to such Restricted Person than proceeds received by such Restricted Person (calculated at the well or as otherwise required by the applicable oil, gas and or mineral leasewell) from sale of production, and no Restricted Person has any liability (or alleged liability) to account for the same on any such materially less favorable basis. 70 [CREDIT AGREEMENT].

Appears in 1 contract

Samples: Credit Agreement (Remora Royalties, Inc.)

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Leases and Contracts; Performance of Obligations. The leases, contracts, servitudesdeeds, and other agreements forming a part of the Oil and Gas Properties of Company and its Subsidiaries to which Proved Reserves are attributed in the Restricted Persons covered by the most recently delivered Initial Engineering Report and each subsequent Engineering Report are in full force and effect (except those disposed of in accordance with, and to the extent permitted by, the terms hereof since delivery of such Engineering Report)effect. All of the rents, royalties, royalties and other payments due and payable under such leases, contracts, servitudesdeeds, and other agreements, or under any Permitted Liens, or otherwise attendant to the ownership or operation of any Oil and Gas Properties covered by the most recently delivered Engineering Report, agreements have been properly and timely paid (other than royalty payments suspended in the ordinary course of business); provided that, to the extent that this representation and warranty applies, involves such could not reasonably be expected to cause the loss or otherwise relates to Non-Operated Properties, forfeiture of any such representation and warranty will be deemed qualified to the Borrower’s knowledgeProved Reserves. No Restricted Person Neither Company nor any of its Subsidiaries is in default with respect to its obligations (and no Restricted Person neither Company nor any of its Subsidiaries is aware of any default by any third party with respect to such third party’s 's obligations) under any such leases, contracts, servitudesdeeds, and other agreements, or under any Permitted Liens, or otherwise attendant to the ownership or operation of any part of the any such Person's Oil and Gas Properties covered by the most recently delivered Engineering ReportProperties, where such default could adversely affect the ownership or operation of such any Oil and Gas PropertiesProperties to which any such Proved Reserves are attributed. No Restricted Person Neither Company nor any of its Subsidiaries is currently accounting for any royalties, or overriding royalties or other payments out of productionproduction due to any Person, on a basis (other than delivery in kind) less favorable to such Restricted Person than proceeds received by the Company or such Restricted Person Subsidiary (calculated at the well or as otherwise required by the applicable oil, gas and or mineral leasewell) from sale of production, and no Restricted Person neither Company nor any of its Subsidiaries has any liability (or alleged liability) to account for the same on any such less favorable basis. 70 [CREDIT AGREEMENT].

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Tekoil & Gas Corp)

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