Pre-Effective Date Commitment Gas Clause Samples

Pre-Effective Date Commitment Gas. Pre-Effective Date Commitment Gas" means (i) gas that is produced from any well, oil, gas or mineral lease, mineral interest, fee interest, and other right or interest to produce gas owned or controlled by Seller or Seller Affiliate on the Effective Date (the "Previously Acquired Properties") and that is subject to or burdened by contracts or contractual provisions in place at the Effective Date (the "Previous Burdens") that (a) prohibit Seller or Seller Affiliate from selling all or a portion of the gas to Purchaser under this Agreement or (b) penalize Seller or Seller Affiliate for selling all or a portion of the gas to any affiliate of Seller or Seller Affiliate, until such time as the gas may be sold and delivered to Purchaser as a result of termination or cancellation of the term of any such Previous Burdens or other release of the gas from any such Previous Burdens, or (ii) royalty or overriding royalty interests reserved by or conveyed to Seller or Seller Affiliate prior to the Effective Date which Seller or Seller Affiliate is expressly or implicitly permitted to take in kind, but which Seller or Seller Affiliate has chosen or shall choose not to take in kind. For all gas described in (i) above, (except for gas subject to calls in favor of third parties) Seller shall, to the best of its knowledge, list in Exhibit B the Previously Acquired Property from which such gas is produced or the Previous Burden to which such gas is subject. Exhibit B will be supplemented to include any additional Previously Acquired Properties or Previous Burdens that Seller discovers from time to time.