EnCap Affiliated Party definition
EnCap Affiliated Party means EnCap Investments, L.P. or any private equity funds, portfolio companies, parallel investment entities, and alternative investment entities owned, managed, or Controlled by EnCap Investments, L.P., in each case, other than any Seller, any Affiliate of any Seller, any Subject Company Group or any Affiliate of a Subject Company Group.
EnCap Affiliated Party is defined in subsection (a) of the definition of “Affiliate”. “Environmental Defect” means any condition or matter with respect to the Assets and/or Company Group’s ownership or operation of its Assets (including, but not limited to, any Release of Hazardous Substances) that (i) constitutes a violation of or, non-compliance with Environmental Laws as of the Closing Date, or (ii) presently requires as of the Closing Date (or if known or disclosed would presently require as of the Closing Date) Remediation under applicable Environmental Laws; provided, however, the following conditions, matters, Releases and Environmental Liabilities shall be excluded from and in no event constitute an “Environmental Defect”: (a) the presence or absence of NORM in compliance with Environmental Laws as of the Closing Date, (b) Plugging and Abandonment obligations or liabilities, except those Assets presently obligated by Environmental Laws before the Closing Date to be Plugged and Abandoned, (c) the flaring of natural gas or other gaseous Hydrocarbons in compliance with Environmental Laws, (d) the physical condition of any surface or subsurface production equipment (including water or oil tanks, separators or other ancillary equipment) except with respect to Equipment (i) that cause or have caused any Release as of the Closing Date where Remediation is presently required (or if known or disclosed, would be presently required) as of the Closing Date under Environmental Laws, or (ii) the use or condition of which is a violation of Environmental Law, or (e) those that have been cured or Remediated as of the Closing Date. “Environmental Laws” means the following: CERCLA; the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq.; the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq.; the Clean Air Act, 42 U.S.C. § 7401 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. § 5101 et seq.; the Toxic Substances Control Act, 15 U.S.C. §§ 2601 through 2629; the Oil Pollution Act, 33 U.S.C. § 2701 et seq.; the Emergency Planning and Community Right to Know Act, 42 U.S.C. § 11001 et seq.; the Safe Drinking Water Act, 42 U.S.C. §§ 300f through 300j; the Endangered Species' Act, 16 U.S.C. § 1531 et seq, the Migratory Bird Treaty Act, 16 U.S.C. §§ 703 through 712; and the Occupational Safety and Health Act (to the extent related to exposure to Hazardous Substances), in each case as amended in effect as of the Execution Date, and all similar Laws in effect as...