Non-Consent Years Sample Clauses

Non-Consent Years. Notwithstanding any other provision in this Agreement to the contrary, subject and pursuant to the terms and provisions of this Section 3.5, each of Noble and CONSOL shall have the right (the “Non-Consent Right”) to elect to non-consent all (but not less than all) xxxxx to be drilled in the Development Area under the Annual Plan and Budget deemed approved pursuant to Section 3.3(g) during a Non-Consent Year in the event that the Joint Development Committee fails to approve an Annual Plan and Budget for such Non-Consent Year.
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Non-Consent Years. Notwithstanding any other provision in this Agreement to the contrary, subject and pursuant to the terms and provisions of this Section 3.5, each of Noble and CONSOL shall have the right (the “Non-Consent Right”) to elect to non-consent all (but not less than all) xxxxx to be drilled in the Development Area under the Annual Plan and Budget deemed approved pursuant to Section 3.3(g) during a Non-Consent Year in the event that the Joint Development Committee fails to approve an Annual Plan and Budget for such Non-Consent Year. (a) Non-Consent Right. (i)Commencing in calendar year 2013, on or prior to December 20 of any calendar year, either Noble or CONSOL may exercise its Non-Consent Right with respect to the following calendar year (such following calendar year, the “Non-Consent Year”) by giving written notice of the same to all other Parties. For clarity, no calendar year prior to 2014 can be a Non-Consent Year. For clarity, a Party electing to exercise the Non-Consent Right shall be entitled to elect to participate in any xxxxx that are not included in the Annual Plan and Budget for the Non-Consent Year (being the Annual Plan and Budget deemed approved pursuant to Section 3.3(g)) proposed to be drilled by a Third Party Operator or Third Party under any Applicable Operating Agreement in the Non-Consent Year on a well-by-well basis. (ii)If either Noble or CONSOL (the “Non-Consenting Party”) exercises its Non-Consent Right for a Non-Consent Year, then (A) such Non-Consenting Party shall not be entitled or obligated to conduct, propose or otherwise participate in any xxxxx included in the Annual Plan and Budget for the Non-Consent Year (being the Annual Plan and Budget deemed approved pursuant to Section 3.3(g)) for which drilling operations are commenced in the Development Area during the Non-Consent Year and (B) the other Party (the “Electing Party”) shall have the right (but not the obligation, notwithstanding anything herein to the contrary) to propose and drill each of the xxxxx scheduled pursuant to the Development Plan to be drilled during such Non-Consent Year (such xxxxx proposed where drilling operations are commenced, the “Non-Consent Xxxxx”). For clarity, the Electing Party shall not be required to drill any or all of the Non-Consent Xxxxx and it can choose which Non-Consent Well(s) to drill during such Non-Consent Year and when such Non-Consent Xxxxx should be drilled. (iii)The Electing Party will have the right to become operator with respect t...
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Related to Non-Consent Years

  • Non-Consent Operations Seller has not elected not to participate in any operation or activity proposed with respect to any Asset which could result in any of Seller’s interest in such Asset becoming subject to a penalty or forfeiture as a result of such election.

  • Consent Required The affirmative vote, approval, consent or ratification of the Manager shall be required to:

  • Definitions; Consent Required The term "Utility Installations" is used in this Lease to refer to all air lines, power panels, electrical distribution, security, fire protection systems, communications systems, lighting fixtures, heating, ventilating and air conditioning equipment, plumbing, and fencing in, on or about the Premises. The term "Trade Fixtures" shall mean Lessee's machinery and equipment which can be removed without doing material damage to the Premises. The term "Alterations" shall mean any modification of the improvements on the Premises which are provided by Lessor under the terms of this Lease, other than Utility Installations or Trade Fixtures. "Lessee-Owned Alterations and/or Utility Installations" are defined as Alterations and/or Utility Installations made by Lessee that are not yet owned by Lessor pursuant to Paragraph 7.4(a). Lessee shall not make nor cause to be made any Alterations or Utility Installations in, on, under or about the Premises without Lessor's prior written consent. Lessee may, however, make non-structural Utility Installations to the interior of the Premises (excluding the roof) without Lessor's consent but upon notice to Lessor, so long as they are not visible from the outside of the Premises, do not involve puncturing, relocating or removing the roof or any existing walls, or changing or interfering with the fire sprinkler or fire detection systems and the cumulative cost thereof during the term of this Lease as extended does not exceed $2,500.00.

  • CONSENTS, AMENDMENTS, WAIVERS, ETC Any consent or approval required or permitted by this Credit Agreement to be given by the Banks may be given, and any term of this Credit Agreement, the other Loan Documents or any other instrument related hereto or mentioned herein may be amended, and the performance or observance by the Borrower or any of its Subsidiaries of any terms of this Credit Agreement, the other Loan Documents or such other instrument or the continuance of any Default or Event of Default may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of the Borrower and the written consent of the Majority Banks. Notwithstanding the foregoing, a decrease in the rate of interest on the Notes (other than interest accruing pursuant to (S)6.11.2 following the effective date of any waiver by the Majority Banks of the Default or Event of Default relating thereto), the amount of the Commitments of the Banks (other than increases which are contemplated by (S)20.1.2 hereof), and the amount of the Commitment Fee or Letter of Credit Fees hereunder may not be reduced without the written consent of the Borrower and the written consent of each Bank affected thereby; the Revolving Credit Loan Maturity Date and the Term Loan Maturity Date may not be postponed, no date fixed for payment may be postponed and the amount of any scheduled payment may not be reduced without the written consent of each Bank affected thereby; this (S)27 and the definition of Majority Banks may not be amended, without the written consent of all of the Banks; all or substantially all of the Collateral (except if the release or disposition of such Collateral is permitted or provided for in the provisions of (S)10.5.2 hereof) may not be released without the written consent of all of the Banks; and the amount of the Agent's Fee or any Letter of Credit Fees payable for the Agent's account and (S)16 may not be amended without the written consent of the Agent. No waiver shall extend to or affect any obligation not expressly waived or impair any right consequent thereon. No course of dealing or delay or omission on the part of the Agent or any Bank in exercising any right shall operate as a waiver thereof or otherwise be prejudicial thereto. No notice to or demand upon the Borrower shall entitle the Borrower to other or further notice or demand in similar or other circumstances.

  • Prior Consent You will not accept for payment by Card any amount representing a deposit or partial payment for goods or services to be delivered in the future without the prior written consent of Processor. The acceptance of a Card for payment or partial payment of goods or services to be delivered in the future without prior consent will be deemed to be a breach of this Agreement and cause for immediate termination in addition to any other remedies available under the Laws or Rules.

  • Additional Consents The Recipient consents to and acknowledges that:

  • LESSOR'S CONSENT REQUIRED (a) Lessee shall not voluntarily or by operation of law assign, transfer, mortgage or otherwise transfer or encumber (collectively, "assign") or sublet all or any part of Lessee's interest in this Lease or in the Premises without Lessor's prior written consent given under and subject to the terms of Paragraph 36.

  • Effective Date of Agreement The provisions of the agreement will come into full force and effect on the date of ratification, unless specified otherwise.

  • Supplemental Agreements with Consent of Holders With the consent of the Holders of not less than a majority of the outstanding Purchase Contracts voting together as one class, by Act of said Holders delivered to the Company and the Agent, the Company, when authorized by a Board Resolution, and the Agent may enter into an agreement or agreements supplemental hereto for the purpose of modifying in any manner the terms of the Purchase Contracts, or the provisions of this Agreement or the rights of the Holders in respect of the Securities; provided, however, that, except as contemplated herein, no such supplemental agreement shall, without the consent of the Holder of each Outstanding Security affected thereby,

  • Supplemental Agreements Without Consent of Holders Without the consent of any Holders, the Company and the Agent, at any time and from time to time, may enter into one or more agreements supplemental hereto, in form satisfactory to the Company and the Agent, for any of the following purposes:

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