Pipeline Matters. As of the date of this Agreement, to Seller’s knowledge, there have been no ruptures of any pipelines or related facilities of the Acquired Companies resulting in significant injury, loss of life, or material property damage, except to the extent that any liabilities or costs arising as a result of such pipeline ruptures have been substantially resolved so that Seller does not reasonably expect that the Acquired Companies will incur material liabilities or costs related thereto after the Closing Date.
Pipeline Matters. Section 4.20 of the Disclosure Letter sets forth summary historical throughput data and information (but only to the extent Pueblo possesses such throughput data and information) for the periods January 1, 2005 through January 31, 2007 relating to the Assets, including volumes of Hydrocarbons transported through the Pipeline Assets for the periods indicated. Such throughput data and information are accurate and complete in all material respects with respect to such periods. Subsequent to such periods, there have been no material adverse changes in the volumes of Hydrocarbons transported through the Pipeline Assets and no Person has provided written notice or, to Bear Cub’s Knowledge, oral notice to Bear Cub or any Pueblo Company of its intent to reduce materially the volume of Hydrocarbons transported through the Pipeline Assets. No fact or circumstance exists that would result in a material decrease in such volumes excluding, however, changes that may result from (a) market conditions, (b) matters that affect the energy industry in general or in the area in which the Assets are located, (c) non-performance by a party under the Hydrocarbon Contracts other than a Pueblo Company or (d) normal well decline or depletion in the ordinary course of operations or well volume declines caused by well operations.
Pipeline Matters. 42 4.21 Affiliate Relationships.......................................... 43
Pipeline Matters. Section 4.20 of the Regency Disclosure Schedule sets forth summary historical throughput data and information (but only to the extent Regency possesses such throughput data and information) for the periods June 1, 2003 through August 31, 2004 relating to the Assets, including volumes of Hydrocarbons transported through the Pipeline Assets for the periods indicated. To Regency's Knowledge, such throughput data and information are accurate and complete in all material respects with respect to such periods. To Regency's Knowledge, subsequent to such periods, there have been no material adverse changes in the volumes of Hydrocarbons transported through the Pipeline Assets. As of the date hereof, to Regency's Knowledge, no fact or circumstance exists that would result in a material decrease in such volumes excluding, however, changes that may result from (a) market conditions, (b) matters that affect the energy industry in general or in the area in which the Assets are located, or (c) non-performance by a party under the Gas Contracts other than a Regency Company.
Pipeline Matters. (a) During the Interim Period, Seller shall, and shall cause the Seller Companies to, use their commercially reasonable efforts to identify (i) all pipelines and utility lines entering and leaving the Refinery, (ii) the ownership status of such pipelines and utility lines; (iii) the operator (if applicable) of each such pipeline and utility line, (iv) any Contracts, Easements and Permits that may exist in respect of such pipelines and utility lines related to the Operation and/or ownership of the Refinery, and (v) where the custody transfer and/or metering points are for such pipelines and utility lines in relation to the Refinery.
Pipeline Matters. The Seller Companies shall (x) have and be able to convey to Buyer good and marketable title to each of the pipelines set forth on Schedule 11.10, free and clear of all Liens other than Permitted Encumbrances or (y) if the Seller Companies cannot convey any or all of such pipelines to Buyer as required in clause (x), Seller shall have provided reasonable alternative Sale and Purchase Agreement arrangements satisfactory to Buyer in its reasonable discretion to use such pipelines such that the commercial operations relating to the Refinery would not be materially impaired or affected.
Pipeline Matters. Schedule 4.21 sets forth summary historical throughput data (but only to the extent the Company possess such throughput data) for the period of January 1, 2006 through June 30, 2008, including volume information. Since the end of the period described above there has not been a material change in the throughput volumes.
Pipeline Matters. To Sellers’ Knowledge, Section 4.17 of the Disclosure Schedule sets forth summary historical throughput data and information (but only to the extent the Company possesses such throughput data and information) for the periods January 1, 2007 through September 30, 2007 relating to the Assets, including volumes of Hydrocarbons transported through the Pipeline Assets for the periods indicated. To Sellers’ Knowledge, such throughput data and information are accurate and complete in all material respects with respect to such periods. To Sellers’ Knowledge, subsequent to such periods, there have been no material adverse changes in the volumes of Hydrocarbons transported through the Pipeline Assets and no Person has provided written or oral notice to Sellers or either FrontStreet Company of its intent to reduce materially the volume of Hydrocarbons transported through the Pipeline Assets. To Sellers’ Knowledge, as of the date hereof, no fact or circumstance exists that would result in a material decrease in such volumes excluding, however, changes that may result from (a) market conditions, (b) matters that affect the energy industry in general or in the area in which the Assets are located, or (c) non-performance by a party under the Hydrocarbon Contracts other than a FrontStreet Company.
Pipeline Matters. Section 4.1(n) of the Disclosure Schedule sets forth summary throughput and other operating data reflected therein with respect to the Pipeline Assets for the periods indicated therein (the “Pipeline Data”), which Pipeline Data is true and correct in all material respects. Subsequent to the periods covered by the Pipeline Data and through the date of this Agreement, there have been no material adverse changes in the volumes of Hydrocarbons transported through the Systems and no Person has provided written or, to Member’s Knowledge, oral notice to Member or any Nexus Company of its intent to reduce materially the volume of Hydrocarbons transported through the Systems. To Member’s Knowledge, as of the date hereof, no fact or circumstance exists that would result in a material decrease in such volumes excluding, however, changes that may result from (a) market conditions, (b) matters that affect the energy industry in general or in the area in which the Systems are located, or (c) non-performance by a party under the Hydrocarbon Contracts other than a Nexus Company.
Pipeline Matters. Section 3.22 of the TexStar Disclosure Schedule sets forth summary historical throughput data and information (but only to the extent TexStar possesses such throughput data and information) for the periods January 1, 2006 through April 30, 2006 relating to the Assets, including volumes of Hydrocarbons transported through the Pipeline Assets for the periods indicated. Such throughput data and information are accurate and complete in all material respects with respect to such periods. Subsequent to such periods, there have been no material adverse changes in the volumes of Hydrocarbons transported through the Pipeline Assets. Except as set forth in Section 3.22 of the TexStar Disclosure Schedule as of the date hereof, no fact or circumstance exists that would result in a material decrease in such volumes excluding, however, changes that may result from (a) market conditions, (b) matters that affect the energy industry in general or in the area in which the Assets are located, or (c) non-performance by a party under the Gas Contracts other than a TexStar Company. 44
