Apache Acquisition definition
Examples of Apache Acquisition in a sentence
Each of the Apache Acquisition Documents is a valid, binding and enforceable obligation of the parties thereto in accordance with its terms and is in full force and effect.
No material rights or obligations of any party to any of such Apache Acquisition Documents have been waived and neither Borrower nor any of its Subsidiaries, nor to the best knowledge of Borrower or any other party to any of such Apache Acquisition Documents, is in default of its obligations thereunder.
Borrower has good and defensible title to all Mineral Interests described in the Reserve Report, including, after giving effect to the Apache Acquisition, the Apache Properties, free and clear of all Liens except Permitted Encumbrances.
Prior to giving effect to the acquisition of the Apache Properties, Borrower had no assets, operations, employees or liabilities of any nature (contingent or otherwise) other than rights and obligations arising under the Apache Acquisition Agreement, this Agreement and the other Loan Papers.
Borrower has provided each Bank with a true and correct copy of each of the Apache Acquisition Documents including all amendments and modifications thereto.
Each representation and warranty made by Borrower, and to the best knowledge of Borrower, by Sellers in the Apache Acquisition Agreement and the other Apache Acquisition Documents (a) was true and correct when made, and (b) will be true and correct on the Closing Date.
Administrative Agent and its counsel shall have been provided with, and shall have completed a review of, such environmental reports and summaries required by Administrative Agent with respect to the Apache Properties, and such review shall not have revealed any condition or circumstance which would reflect that, upon completion of the Apache Acquisition, the representations and warranties contained in Section 8.16 of the Credit Agreement are inaccurate in any respect.
As used herein, the term "Apache Properties" means the Mineral Interests to be acquired by Borrower pursuant to the Apache Acquisition Agreement.
Administrative Agent and its counsel shall have completed a review of title (including opinions of title) to that portion of the Apache Properties which results in Administrative Agent and its counsel having reviewed title with respect to the Title Required Reserve Value of all Borrowing Base Properties (after giving effect to the Apache Acquisition).
Each representation and warranty made by Parent and Borrower (as applicable), and to the best knowledge of Parent and Borrower, by the seller in the Apache Acquisition Documents (a) was true and correct when made, and (b) will be true and correct on the Effective Date.