Examples of Timber Deeds in a sentence
Owner hereby waives its right to allege or pursue any remedy or cause of action with respect to any conflict of interest that St. Xxx xxx have in its dual capacities hereunder and as “Grantor” under the Timber Deeds, and Owner agrees that any exercise by St. Xxx of its rights under the Timber Deeds, in its capacity as “Grantor” therein, shall not constitute or give rise to a breach of St. Joe’s obligations to Owner hereunder.
The Parties acknowledge that, as of the date of this Agreement, the timber on a portion of the Timberlands located in Attala, Leake, Madison, Xxxxxx and Xxxxx Counties, Mississippi has been conveyed to Plum Creek pursuant to certain Plum Creek Timber Deeds listed on Schedule 7.8 attached hereto and hereby made a part hereof (said conveyed timber, the “Plum Creek Timber”).
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.
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”).
The Parties acknowledge that, as of the date of this Agreement, certain timber and trees on portions of the Property have been conveyed to third parties pursuant to those certain Timber Deeds listed on Schedule 7.9 attached hereto and hereby made a part hereof.
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”).
Rasor President and CEO Executive Vice President EXHIBIT "A" Summary Pricing Formula _ Illustrative Example for sawtimber in SEARK and MS March April May Total GPG PAP & Deed Volume 2.7 6.1 8.7 17.5 Amount $530 $526 $517 $522 TTC Timber Volume 2.2 2.2 1.5 5.9 Sales * Amount $546 $551 $498 $536 Total Volume 23.4 (* Excludes Timber Deeds Sold to GPG) Prem.
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.
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”).
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.