Common use of Marketing of Production Clause in Contracts

Marketing of Production. Except for contracts listed ------------------------- and in effect on the date hereof on Schedule 8.20, and thereafter either ------------- disclosed in writing to the Administrative Agent or included in the most recently delivered Reserve Report (with respect to all of which contracts the Borrower represents that it or its Subsidiaries are receiving a price for all production sold thereunder which is computed substantially in accordance with the terms of the relevant contract and are not having deliveries curtailed substantially below the subject Property's delivery capacity), no material agreements exist that are not cancelable on 60 days notice or less without penalty or detriment for the sale of production from the Borrower's or its Subsidiaries' Hydrocarbons (including, without limitation, calls on or other rights to purchase, production, whether or not the same are currently being exercised) that (a) pertain to the sale of production at a fixed price and (b) have a maturity or expiry date of longer than six (6) months from the date hereof. All proceeds from the sale of the Borrower's interests in Hydrocarbons from its Oil and Gas Properties are currently being paid in full to the Borrower by the purchaser thereof on a timely basis, and none of such proceeds are currently being held in suspense by such purchaser or any other Person.

Appears in 5 contracts

Samples: Credit Agreement (Crested Corp), Credit Agreement (Us Energy Corp), Credit Agreement (Crested Corp)

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Marketing of Production. Except for contracts listed ------------------------- and in effect on the date hereof Effective Date on Schedule 8.20, and thereafter either ------------- disclosed in writing to the Administrative Agent or included in the most recently delivered recent Reserve Report (with respect to all of which contracts the Borrower represents that it or its Subsidiaries are receiving a price for all production sold thereunder which is computed substantially in accordance with the terms of the relevant contract and are not having deliveries curtailed substantially below the subject Property's ’s delivery capacity), no material agreements exist that are not cancelable on 60 days sixty (60) days’ notice or less without penalty or detriment for the sale of production from the Borrower's ’s or its Subsidiaries' Hydrocarbons (including, without limitation, calls on or other rights to purchase, production, whether or not the same are currently being exercised) that (a) pertain to the sale of production at a fixed price and (b) have a maturity or expiry date of longer than six (6) months from the date hereofEffective Date. All proceeds from the sale of any member of the Borrower's Borrower Group’s interests in Hydrocarbons from its Oil and Gas Properties are currently being will be paid in full to such member of the Borrower Group by the purchaser thereof on a timely basis, and none of such proceeds are currently being held in suspense by such purchaser or any other Person. Except as set forth in Schedule 8.20, none of the members of the Borrower Group’s Oil and Gas Properties are subject to any contractual or other arrangement whereby payment for production therefrom is to be deferred for a substantial period of time after the month in which such production is delivered (i.e., in the case of oil, not in excess of sixty (60) days, and in the case of gas, not in excess of ninety (90) days).

Appears in 2 contracts

Samples: Credit Agreement (Hydrocarb Energy Corp), Credit Agreement (Hydrocarb Energy Corp)

Marketing of Production. Except for contracts listed ------------------------- and in effect on the date hereof on Schedule 8.207.20, and thereafter either ------------- disclosed in writing to the Administrative Agent or included in the most recently delivered Reserve Report (with respect to all of which contracts the Borrower represents that it or its Subsidiaries are receiving a price for all production sold thereunder which is computed substantially in accordance with the terms of the relevant contract and are not having deliveries curtailed substantially below the subject Property's delivery capacity), no material agreements exist that are not cancelable on 60 days notice or less without penalty or detriment for the sale of production from the Borrower's or its Subsidiaries' Hydrocarbons (including, without limitation, calls on or other rights to purchase, production, whether or not the same are currently being exercised) that (a) pertain to the sale of production at a fixed price and (b) have a maturity or expiry date of longer than six (6) months from the date hereof. All proceeds from the sale of the Borrower's and its Subsidiaries' interests in Hydrocarbons from its Oil and Gas Properties are currently being paid in full to the Borrower or its Subsidiaries by the purchaser thereof on a timely basis, and none of such proceeds are currently being held in suspense by such purchaser or any other Person.. 34

Appears in 1 contract

Samples: Credit Agreement (Gulfwest Energy Inc)

Marketing of Production. Except for contracts listed ------------------------- and in effect on the date hereof on Schedule 8.207.20, and thereafter either ------------- disclosed in writing to the Administrative Agent or included in the most recently delivered Reserve Report (with respect to all of which contracts the Borrower represents that it or its Subsidiaries are receiving a price for all production sold thereunder which is computed substantially in accordance with the terms of the relevant contract and are not having deliveries curtailed substantially below the subject Property's delivery capacity), no material agreements exist that which are not cancelable on 60 days notice or less without penalty or detriment for the sale of production from the Borrower's or its Subsidiaries' Hydrocarbons (including, without limitation, calls on or other rights to purchase, production, whether or not the same are currently being exercised) that (a) pertain to the sale of production at a fixed price and (b) have a maturity or expiry date of longer than six (6) months from the date hereof. All proceeds from the sale of the Borrower's interests in Hydrocarbons from its Oil and Gas Properties are currently being will, after the Effective Date, be paid in full to the Borrower by the purchaser thereof on a timely basis, and none of such proceeds are currently being held in suspense by such purchaser or any other Person.

Appears in 1 contract

Samples: Credit Agreement (Dune Energy Inc)

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Marketing of Production. Except for contracts listed ------------------------- and in effect on the date hereof on Schedule 8.208.19, and thereafter either ------------- disclosed in writing to the Administrative Agent or included in the most recently delivered Reserve Report (with respect to all of which contracts the Borrower represents that it or its Subsidiaries are receiving a price for all production sold thereunder which is computed substantially in accordance with the terms of the relevant contract and are not having deliveries curtailed substantially below the subject Property's delivery capacity), no material agreements exist that which are not cancelable on 60 days notice or less without penalty or detriment for the sale of production from the Borrower's or its Subsidiaries' Hydrocarbons Oil and Gas Properties (including, without limitation, calls on or other rights to purchase, production, whether or not the same are currently being exercised) that (a) pertain to the sale of production at a fixed price and (b) have a maturity or expiry date of longer than six (6) months from the date hereof. All proceeds from the sale of the Borrower's interests in Hydrocarbons from its Oil and Gas Properties are currently being will, after the Effective Date, be paid in full to the Borrower by the purchaser thereof on a timely basis, and none of such proceeds are currently being held in suspense by such purchaser or any other Person.

Appears in 1 contract

Samples: Credit Agreement (Baseline Oil & Gas Corp.)

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