Timberlands Clause Samples

Timberlands. The term "Timberlands" shall mean all of the timberlands in the states of Maine, Vermont, and New Hampshire owned by Boise Cascade or Oxford as further described in summary fashion in Schedule 1.60 hereof.

Timberlands. All of Seller’s right, title and interest in and to certain real property owned by Seller in ▇▇▇▇▇ County, Washington, as further described on Exhibit “A” attached hereto and incorporated herein by this reference (“Real Property”), together with all other rights and interests related or appurtenant thereto, including but not limited to all of Seller’s right, title, and interest (i) in and to the merchantable and unmerchantable timber, growing, lying, standing or felled, timber interests and timber rights located on or appurtenant to the Real Property; (ii) in and to any mineral, sand, oil, gas, hydrocarbon substances and gravel and other hard rock rights on and under the Real Property not previously severed by Seller’s predecessors in interest; and (iii) in and to any development rights, air rights, water, water rights, ditch and ditch rights appurtenant to the Real Property (collectively, all property described in this Paragraph 1.1 is herein called the “Timberlands”).

Timberlands. The Timberlands consist of (i) approximately 12,759 acres, collectively located in ▇▇▇▇▇▇ and Clackamas Counties, Oregon and referred to herein as the Copper Creek Block; and (ii) approximately 9,119 acres located in ▇▇▇▇▇ County, Washington, all as described in Exhibit A, as shown on maps furnished by Borrower to Lender and as described in the Deeds of Trust.

Timberlands. (i) (A) an owner’s affidavit and gap indemnity, in the form attached hereto as Exhibit F, which shall not cause any additional exceptions to the Pro-forma Title Policies other than which are approved or deemed approved by Buyer, or which the Buyer is not permitted to object to, in accordance with Section 7.6, or subject to any revisions necessary to reflect any Contracts entered into by the Sellers, the Company or the Subsidiaries after the Effective Date in accordance with Section 6.1, (B) an affidavit of facts, in the form attached hereto as Exhibit G, necessary to delete certain of the exceptions listed on Schedule 9.2(k) from the Title Policies, and (C) a non-imputation affidavit and/or indemnity, in the form attached hereto as Exhibit H, subject to any revisions necessary to reflect any Contracts entered into by the Sellers, the Company or the Subsidiaries after the Effective Date in accordance with Section 6.1; (ii) the LogCo and CP Parent LP Assignments, executed by all Parties; (iii) the bills of sale for the Nursery Asset Transfers, executed by all Parties; (iv) the LogCo LLC estoppel required by Section 8.2(i); and

Timberlands. (a) To the Company’s Knowledge, Schedule 3.13(a) is a complete list of the Timberlands (as defined in clause (A) of the definition of “Timberlands” below) owned or leased by the Company and/or Subsidiaries as of the Effective Date. (b) Schedule 3.13(b) is a complete list of all Condemnations that have been concluded between March 31, 2017 and the Effective Date; and as of the Effective Date, there are no Condemnations pending or, to the Company’s Knowledge, Threatened. (c) All timber harvest excise tax and all amounts owed to timber ▇▇▇▇▇▇▇, loggers and truckers pertaining to the Subsidiaries’ harvest and removal of timber from the Timberlands have been fully paid as of the Closing or will be paid in full by the Company when the same come due, if they are not due as of Closing. (d) Schedule 3.13(d) discloses, as of the Effective Date, the presence of all activity centers for any Protected Species on the Timberlands; provided that neither the Company nor the Sellers make any representation or warranty regarding (i) the presence or non-presence of any other endangered or threatened species on the Timberlands and (ii) the effect of the presence of any Protected Species on the use of the Timberlands for forestry or other uses. (e) To the Company’s Knowledge, except for the Reserved Water Rights, the Royalty Interest, the Permitted Liens and any Person that owns any interest prior to the date that the Company and its Subsidiaries acquired the Water Rights, the Company and/or its Subsidiaries own one hundred percent (100%) of the Water Rights; and since the Company and its Subsidiaries acquired the Water Rights, neither the Company nor its Subsidiaries have entered into any written agreement transferring the Water Rights to a third party. The foregoing representations do not extend, nor does Sellers make any representation, as to any surface water or any surface water rights. (f) To the Company’s Knowledge, Schedule 3.13(f) is a complete list of those parcels comprising the Timberland where the Company or its Subsidiaries have either “historical” or no access thereto. “Historical” access means that the Company or its Subsidiaries have been able to gain access to a parcel for timber management purposes, with or without the express or implied permission by a landowner over whose property a road exists that the Company or its Subsidiaries have used during its ownership period. With respect to any parcel of land comprising the Timberlands where the Company or its Su...

Timberlands. All of Seller's right, title and interest in and to the Timberlands (defined below) and other rights related or appurtenant thereto, including but not limited to all of Seller's right, title, and interest (i) in and to the merchantable and unmerchantable timber, growing, lying, standing or felled, timber interests and timber rights located on or appurtenant to the Timberlands; (ii) in and to any cutting rights under public or private timber deeds; (iii) in and to any mineral, sand, oil, gas, hydrocarbon substances and gravel and other hard rock rights on and under the Timberlands; and (iv) in and to all improvements, including without limitation the office building and related improvements of Seller located in Newport, Washington ( "Building"). The "Timberlands" are defined as certain real property owned by Seller in Stev▇▇▇, ▇▇nd Oreille and Ferry Counties, Washington and Kootenai, Boundary and Bonn▇▇ ▇▇▇nties, Idaho, as further described on EXHIBITS "A" through "F" attached hereto and incorporated herein by this reference and timber rights only with respect to the properties described on EXHIBIT "G" attached hereto and incorporated herein by this reference ("Timber Rights"). The legal description of the Building is contained on EXHIBIT "H" attached hereto and incorporated herein by this reference.

Timberlands. The real property presently encumbered by the 1992 Deed of Trust and the property described in the attached legal descriptions covering other property in Jefferson, Kitsap, ▇▇▇▇▇, and Clallam Counties, Washington. PARCEL 1: Government Lot 3, EXCEPT the West 1/2 of the North 660 feet thereof and All of Government Lot 4 and the South 1/2 of the Northwest 1/4 in Section 3; Government ▇▇▇ ▇ ▇▇▇▇▇▇▇ ▇, ▇▇▇▇▇ ▇/▇ ▇▇ ▇▇▇ ▇▇▇▇▇ ▇/▇ and the North 1/2 of the South 1/2, and the Southwest 1/4 of the Southwest 1/4 of Section 4; Government Lots 1 and 5 and the West 3/4 of Section 5; The Northeast 1/4 and the North 1/2 of the Northwest 1/4 and the Southeast 1/4 of the Northwest 1/4 of Section 16; Government Lot 3 in Section 20; South 1/2 of the Northwest 1/4 and the North 1/2 of the Southwest 1/4 of Section 29, EXCEPT the East 30 feet of the Northeast 1/4 of the Southwest 1/4; ALSO EXCEPT the following described tract:

Timberlands. The real property held by Sellers in fee simple identified in Exhibit A, together with (i) all down and standing trees or timber located thereon, excluding the timber which may be harvested and removed in Georgia in accordance with the supply agreement as described in Schedule 1.1(a)(A) (the “Georgia Supply Agreement”) (ii) all buildings thereon, (iii) all roads, bridges and other improvements and fixtures thereon, (iv) without warranty, all right, title and interest in and to all gas, oil, minerals, coal, sand, gravel and all other substances or minerals of any kind or character underlying or relating to such land to the extent not retained or conveyed out by Seller’s predecessors in title, (v) all other privileges, appurtenances, easements (including the Buyer Easements in respect thereof) and other rights appertaining thereto ( the “Timberlands”), subject to the Permitted Exceptions. The Georgia Supply Agreement affects only those portions of the Timberlands located in Georgia. Additional terms related to the Georgia Supply Agreement and Seller’s obligation to cause certain amounts of timber to be cut and delivered to the purchaser under the Georgia Supply Agreement are set forth in Section 5.6, Section 6.7, Section 12.1 and Schedule 1.1(a)(A).

Timberlands. The real property lying in various counties in the State of Texas more particularly described on Section 2.01(a) of the Disclosure Schedule attached hereto consisting of 464,963 acres of timberland, more or less, and Seed Orchard, together with all timber of all species thereon (including those standing dead or down, all felled and bucked logs, trees, shrubs and reproduction thereon) as of the Closing Date, and including all buildings, structures, other constructions and improvements of every nature located or situated on such real property; tenements, rights, servitudes, easements, hereditaments, rights of way, privileges, liberties, appendages and appurtenances now or hereafter belonging or pertaining to such real property (the “Timberlands”);