Wellx. Xxcept to the extent set forth on Schedule 4.1(x), to Seller's Knowledge, no well included in the Properties is subject to material penalties on allowables because of any overproduction or any other violation of Applicable Law. Except for the wellx xxxluded in the Properties and listed in Schedule 4.1(x), there are no wellx xxxluded in the Properties that Seller, the Subsidiaries or the Partnership, or to Seller's Knowledge the operator of such wellx, xxe currently obligated by Applicable Law, Applicable Environmental Law or order of any Governmental Authority to plug and abandon within a time certain or that have been shut-in or temporarily abandoned.
Wellx. Xx Seller's knowledge, and except as set forth on Schedule 6.2(p), all of the wellx xx which Seller has an interest by virtue of its ownership of the Leasehold Property and which have been drilled and completed by Seller are within the boundaries of such Leasehold Property or within the limits otherwise permitted by contract, pooling or unit agreement, and by law; and, except as set forth on Schedule 6.2(p), to Seller's knowledge, no such well is subject to penalties on allowables because of any over production or any other violation of applicable Legal Requirements that would prevent such well from being entitled to its full legal and regular allowable from and after the Effective Date as prescribed by any governmental authority.
Wellx. Xxoducing, non-producing, shut-in, temporarily abandoned, and abandoned oil and gas wellx, xxlt water disposal wellx, xxjection wellx xxx water wellx xxxated on the property or property interests described in EXHIBIT "A" hereto and used in connection with the properties or interests described in subsections (a) - (f) above.
Wellx. XXLLER's right, title and interest in all oil, gas or condensate wellbore(s) (whether producing, not producing or abandoned), water source, water injection and other injection and disposal wellx xxx systems located on a Lease (or lands pooled with a Lease); and
Wellx. Xxcept as disclosed on Exhibit D, the Seller certifies and warrants that the Seller does not know of any "Wellx" xx the described Property within the meaning of Minn. Stat.
Wellx. Xx the actual knowledge, information and belief of Seller, Schedule 6.5 contains a true, correct and complete list of all oil and gas wellx xx which the Seller and/or the Partnership, as applicable, has an interest which are among the Interests, including the percentage and type of interest therein, provided, however, Seller makes no warranties regarding such interest, other than the special warranty provided for elsewhere herein.
Wellx. Xxery well described on Schedule 2.01(o) is located on the Unit Area and has been drilled and completed within the Unitized Formation or within the limits otherwise permitted by contract, pooling or unit agreement and by law, and the drilling and completion of all wellx xxxluded in the CONTRACT PROPERTIES and all development and operations on the CONTRACT PROPERTIES have been conducted in material compliance with all applicable lease and contract provisions and laws, ordinances, rules, regulations and permits of any court or governmental body or agency. No well on the CONTRACT PROPERTIES is subject to penalties on allowables after the Effective Time hereof because of any overproduction or any other violation of applicable laws, rules, regulations or permits, orders or decrees of any governmental body or agency, which would prevent such well from being entitled to its full, legal and regular allowable, from and after the date hereof, as prescribed by any court or governmental body or agency.
Wellx. Xach Well producing from a tight sand formation was spud and continuously drilled into the qualifying tight sand formation after November 5, 1990 and prior to January 1, 1993. In certain instances, the Wellx xxx penetrate unexploited tight sand formations uphole of current producing zones which should qualify as tight sand formations in accordance with Situation 1 of Revenue Ruling 93-54. Each well producing gas from Devonian shale was drilled after December 31, 1979 and before January 1, 1993. The hydrocarbons produced from each Well are "qualifying fuels" within the meaning of Code Section 29(c).
Wellx. Xxl of SELLER's right, title and interest in all oil, gas or condensate wellx xxx wellbore(s) (whether producing, not producing, plugged, unplugged or permanently or temporarily abandoned), water source, water injection and other injection and disposal wellx xxx systems located on a Lease (or lands pooled with a Lease) ("WELLX"); to SELLER's Knowledge, Exhibit "1b" lists all Wellx xxx the status of each as of the indicated dates, which list is provided to PURCHASER strictly as an accommodation, for informational purposes, and without any representation or warranty of completeness or accuracy or any other sort of representation or warranty; and
Wellx. Xxch oil or gas well located on the Oil and Gas Properties is: (a) capable of producing in commercial quantities (except for up to 5 primary take-point wellx xxxch otherwise would be producing Hydrocarbons in commercial quantities that have been off production for routine maintenance, testing or repairs, temporary pipeline interruption, minor reworking operations or minor production enhancement operations and are reasonably expected to return to producing in commercial quantities within a reasonable time and Borrower will use its best efforts to return them to production in commercial quantities as soon as reasonably possible), (b) properly permitted, (c) to the best of Borrower's knowledge, in compliance with all applicable Laws, and (d) within the production tolerances allocated by the governmental entity or tribal authority having appropriate jurisdiction. All of the leaseholds in which there are located Mineral Interests of Borrower are producing Hydrocarbons in commercial quantities except for those leaseholds which are in their primary term and have had all rentals, delay rentals and other lease payments due under the leases and other agreements relating thereto paid in full. Each of Borrower's producing wellx xxxted on Schedule 5.1(b) is located on an Oil and Gas Property (i) covered by title opinions and (ii) described in the legal description contained in an Oil and Gas Property Mortgage which has been duly executed and delivered to Agent.
