Examples of Timber Deeds in a sentence
Prior to Closing, Seller shall use its commercially reasonable efforts to (a) cause the Plum Creek Timber Deeds to be terminated or amended as of the Effective Time, such that the Plum Creek Timber located on the Timberlands conveyed to Purchaser shall no longer be subject to such Plum Creek Timber Deeds; and (b) execute and deliver, and cause to be executed and delivered, new Plum Creek Timber Deeds with respect to the Plum Creek Timber (the “New Plum Creek Timber Deeds”).
Seller shall use commercially reasonable efforts to obtain executed estoppel certificates from the counterparties to the Timber Deeds and the Supply Agreements (the “Estoppel Certificates”).
The covenants, agreements, representations and warranties made herein shall survive the closing of this transaction and shall not merge into the Timber Deeds or the recording thereof.
A Seller Subsidiary, St. Xxx Timberland Company of Delaware, L.L.C., is a party to that certain Thinnings Supply Agreement dated as of March 31, 2011, with Vulcan Timberlands LLC (as amended and assigned from time to time, the “Thinnings Supply Agreement”), pursuant to which Seller Subsidiary has the right and obligation to purchase certain first thinnings from the portion of the Timberlands subject to the Timber Deeds.
Upon receipt of the Purchase Price, Pioneer shall deliver to Frontier the timber deeds in the form attached hereto as Exhibits B-1 and B-2 (collectively the "Timber Deeds") and all other documents reasonably requested by Frontier to effect the intent of this Agreement.
Each of Exhibits A-2, B and C contains a list, and Seller has made available to Purchaser copies, of the following documents in effect on the date of this Agreement: (i) each Timberland Lease, (ii) each Assumed Contract, (iii) the Existing Supply Agreements; (iv) the Real Property Leases; (v) the Plum Creek Timber Deeds; (vi) the Timber Deeds; and (vii) each material amendment, supplement, and modification in respect of any of the foregoing.
Notwithstanding anything to the contrary set forth in the Timber Deeds (as defined below), if St. Xxx or its agents, contractors or employees damage timber belonging to Owner in connection with St. Joe’s performance of this Agreement, St. Xxx shall pay to Owner the fair market value of the pre-merchantable and merchantable timber that was impaired or destroyed by St. Joe’s activities, to the extent such destruction or impairment was not paid for under the terms of this Agreement.
The New Plum Creek Timber Deeds shall be in a form reasonably acceptable to Purchaser and shall allocate to Purchaser its allocable portion of the benefits under the Plum Creek Timber Deeds, including the rights to receive payments for extension rights exercised thereunder.
Regarding Cleveland-Cliffs Iron Co., Ishpeming, MI 1919 7 20 Timber Deeds 1907, 1909 7 21 Corr.
Seller agrees to convey to Purchaser title to the Timber by, and subject to the terms of, the Timber Deeds, free and clear of all liens, encumbrances, assessments, agreements, options and covenants, except for the Permitted Encumbrances set forth on Exhibit E attached hereto (the “Permitted Encumbrances”).