Oral Agreements. No oral order, objection, claim or notice by any party to the others shall affect or modify any of the terms or obligations contained in the Contract Document, and none of the provisions of the Contract Document shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver or modification thereof in writing, and no evidence shall be introduced in any proceeding of any other waiver or modification.
Oral Agreements. No oral agreement has been entered into with any person or entity relating to or connected with the ownership, construction, use, operation, maintenance or condition of the Property which would be binding upon Buyer at or subsequent to the Closing.
Oral Agreements. THIS WRITTEN AGREEMENT AND THE OTHER LOAN DOCUMENTS, AS DEFINED IN THIS AGREEMENT, REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES.
Oral Agreements. THIS WRITTEN AGREEMENT AND THE LOAN DOCUMENTS, AS DEFINED IN THIS AGREEMENT, REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES. [Remainder of this page intentionally left blank. Signature page follows.] EXECUTED as of the date first above written. BORROWERS: MARINER ENERGY, INC. By: /s/ Rxxx X. Xxxxxx Rxxx X. Xxxxxx Vice President and Chief Financial Officer MARINER ENERGY RESOURCES, INC. By: /s/ Rxxx X. Xxxxxx Rxxx X. Xxxxxx Vice President and Chief Financial Officer ADMINISTRATIVE AGENT: UNION BANK OF CALIFORNIA, N.A., as Administrative Agent and as Issuing Lender By: /s/ Dxxxxx Xxxxxxxxx Dxxxxx Xxxxxxxxx Senior Vice President Signature page to Amended and Restated Credit Agreement (Mariner Energy, Inc. and Mariner Energy Resources, Inc.) LENDERS: UNION BANK OF CALIFORNIA, N.A. By: /s/ Dxxxxx Xxxxxxxxx Dxxxxx Xxxxxxxxx Senior Vice President Signature page to Amended and Restated Credit Agreement (Mariner Energy, Inc. and Mariner Energy Resources, Inc.) BNP PARIBAS By: /s/ Gxxx Xxxxxxx Name: Gxxx Xxxxxxx Title: Vice President By: /s/ Pxxxx Xxxxxx Name: Pxxxx Xxxxxx Title: Vice President Signature page to Amended and Restated Credit Agreement (Mariner Energy, Inc. and Mariner Energy Resources, Inc.) JX XXXXXX CHASE BANK, N.A. By: /s/ Cxxxxxx Xxxxxxxxx-Xxxxx Name: Cxxxxxx Xxxxxxxxx-Xxxxx Title: Senior Vice President Signature page to Amended and Restated Credit Agreement (Mariner Energy, Inc. and Mariner Energy Resources, Inc.) NATEXIS BANQUES POPULAIRES By: /s/ Dxxxxxx X. Xxxxxxxxx Name: Dxxxxxx X. Xxxxxxxxx Title: Vice President & Group Manager By: /s/ Txxxxxx X. Xxxxxxx Name: Txxxxxx X. Xxxxxxx Title: Vice President & Group Manager Signature page to Amended and Restated Credit Agreement (Mariner Energy, Inc. and Mariner Energy Resources, Inc.) GUARANTY BANK By: /s/ Kxxxx X. Xxxxxx III Name: Kxxxx X. Xxxxxx III Title: Senior Vice President Signature page to Amended and Restated Credit Agreement (Mariner Energy, Inc. and Mariner Energy Resources, Inc.) CALYON NEW YORK BRANCH By: /s/ Mxxxxxx Xxxxxx Name: Mxxxxxx Xxxxxx Title: Vice President By: /s/ Bxxxxxxx Cord’homme Name: Bxxxxxxx Cord’homme Title: Director Signature page to Amended and Restated Credit Agreement (Mariner Energy, Inc. and Mariner Energy Resources, Inc.) AMEGY BANK NATIONAL ASSOCIATION By: /s/ Kxxxxxx X. Xxxxxx, III Name: Kxx...
Oral Agreements. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW.
Oral Agreements. PURSUANT TO SECTION 26.02 OF THE TEXAS BUSINESS AND COMMERCE CODE, AN AGREEMENT IN WHICH THE AMOUNT INVOLVED IN AGREEMENT EXCEEDS $50,000 IN VALUE IS NOT ENFORCEABLE UNLESS THE AGREEMENT IS IN WRITING AND SIGNED BY THE PARTY TO BE BOUND OR THAT PARTY’S AUTHORIZED REPRESENTATIVE. THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO AN AGREEMENT SUBJECT TO THE PRECEDING PARAGRAPH SHALL BE DETERMINED SOLELY FROM THE WRITTEN AGREEMENT, AND ANY PRIOR ORAL AGREEMENTS BETWEEN THE PARTIES ARE SUPERSEDED BY AND MERGED INTO THIS GUARANTY. THIS GUARANTY AND THE LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES. [Remainder of this page intentionally left blank.] Exhibit C — Form of Guaranty Guarantor has caused this Guaranty to be duly executed as of the date first above written. GUARANTOR: [MARINER LP LLC] [MARINER ENERGY TEXAS LP] By: Name: Title: Address of Guarantor: [ADMINISTRATIVE AGENT: UNION BANK OF CALIFORNIA, N.A., as Administrative Agent By: Name: Title: ]4 4 Only necessary for Amended and Restated Guaranty. Exhibit C — Form of Guaranty EXHIBIT D TO AMENDED AND RESTATED CREDIT AGREEMENT FORM OF MORTGAGE NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER’S LICENSE NUMBER. [AMENDED AND RESTATED] DEED OF TRUST, SECURITY AGREEMENT, FINANCING STATEMENT, FIXTURE FILING AND ASSIGNMENT OF PRODUCTION THIS INSTRUMENT CONTAINS AFTER-ACQUIRED PROPERTY AND FUTURE ADVANCE PROVISIONS. THIS INSTRUMENT COVERS THE INTEREST OF MORTGAGOR IN MINERALS OR THE LIKE (INCLUDING OIL AND GAS) BEFORE EXTRACTION AND THE SECURITY INTEREST CREATED BY THIS INSTRUMENT ATTACHES TO SUCH MINERALS AS EXTRACTED AND TO THE ACCOUNTS RESULTING FROM THE SALE THEREOF AT THE WELLHEAD. THIS INSTRUMENT COVERS THE INTEREST OF MORTGAGOR IN FIXTURES. THIS FINANCING STATEMENT IS TO BE FILED FOR RECORD, AMONG OTHER PLACES, IN THE REAL ESTATE RECORDS. PRODUCTS OF THE COLLATERAL ARE ALSO COVERED. A POWER OF SALE HAS BEEN GRANTED IN THIS DEED OF TRUST. A POWER OF SALE MAY ALLOW THE TRUSTEE OR MORTGAGEE TO TAKE THE COLLATERAL AND SELL IT WITHOUT GOING TO COURT IN A FORECLOSURE ACTION UPON DEFAULT BY MORTGAGOR UNDER THIS DEED OF TRUST FROM [MARINER ENERGY, I...
Oral Agreements. The Parties shall be deemed to have entered into a Transaction, and a Transaction shall become effective and binding upon the Parties, upon the applicable Trade Date.
Oral Agreements. This Agreement contains the entire agreement between the parties and any change or termination shall not be effective unless it is in writing and signed by both Landlord and Tenant.
Oral Agreements. Any oral arrange- ment that meets the criteria discussed in paragraphs (a)(1)–(4) of this section is an international agreement and, pur- suant to section (a) of the Act, must be reduced to writing by the agency that concluded the oral arrangement. In such written form, the arrangement is subject to all the requirements of the Act and of this part. Whenever a ques- tion arises whether an oral arrange- ment constitutes an international agreement, the arrangement shall be reduced to writing and the decision made in accordance with § 181.3.
Oral Agreements. THIS WRITTEN AGREEMENT AND THE LOAN DOCUMENTS, AS DEFINED IN THIS AGREEMENT, REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES. [Remainder of this page intentionally left blank. Signature page follows.] EXECUTED as of the date first above written. BORROWER: RESACA EXPLOITATION, INC. a Texas corporation By: Name: Title: Signature page to Second Amended and Restated Credit Agreement (Resaca Exploitation, Inc.) ADMINISTRATIVE AGENT/LENDERS: UNION BANK, N.A., as Administrative Agent, Issuing Lender and Lender By: Xxxx Xxxxxxx Senior Vice President Signature page to Second Amended and Restated Credit Agreement (Resaca Exploitation, Inc.) LENDER: NATIXIS NEW YORK BRANCH By: Xxxxxxx Xxxxxxxxx Managing Director By: Name: Title: Signature page to Second Amended and Restated Credit Agreement (Resaca Exploitation, Inc.) SCHEDULE I PRICING GRID Applicable Margins Utilization Level* Reference Rate Advances Eurodollar Rate Advances Commitment Fee Level I 1.50 % 2.50 % 0.50 % Level II 1.75 % 2.75 % 0.50 % Level III 2.00 % 3.00 % 0.50 % Level IV 2.25 % 3.25 % 0.50 % * Utilization Levels are described below and are determined in accordance with the definition of “Utilization Level”.
