Examples of Arkoma Assets in a sentence
The aggregate Allocated Value of the Arkoma Assets is $66,538,467, and such amount is the portion of the Base Purchase Price allocable to the Arkoma Assets (the “Arkoma Base Purchase Price”).
Assignor hereby agrees not to waive any rights arising under the Purchase Agreement relating to the Arkoma Assets or Arkoma Obligations without the prior written consent of Assignee, not to be unreasonably withheld, to the extent such waiver would reasonably be expected to materially affect Assignee’s rights to the Arkoma Assets or Assignee’s obligations in respect of the Arkoma Obligations.
The parties hereby acknowledge that the purpose of the indemnification pursuant to this Section 12 shall be to cause Assignor to be as closely as possible to the same position as it would have been in had Assignee directly entered into an agreement with Seller, to which Assignor was not a party, for the purchase of the Arkoma Assets and assumption of the Arkoma Liabilities.
The Arkoma Assets shall include data and records of the Seller referred to in Section 2.1(g) of the Purchase Agreement, to the extent relating to the Arkoma Assets, and excluding data and records relating to all other Assets.
Unless, due to reductions contemplated by the Purchase Agreement, the aggregate purchase price to be paid by Assignor at Closing for the Assets other than the Arkoma Assets is to be $600 million or less, (1) the parties will not agree to rescind or void this Assignment and Assumption, and (2) for at least one year after Closing, Assignee shall not transfer any of the Arkoma Assets or Arkoma Liabilities to Assignor or any subsidiary thereof.
In addition, the banks made no adjustment to the borrowing base for the sale of Legacy Forest’s Arkoma Assets on the day before the closing, which was a sale planned for by Legacy Sabine and First Reserve.
Hedge Positions • In connection with its acquisition of the Arkoma Assets, ATLS entered into direct natural gas hedge positions during the second quarter 2013 and currently has approximately 9.1 Bcf of its future production hedged through 2018, including an average floor price of over $4.39 per thousand cubic feet (“mcf”) through 2018.
In short, consummating the sale of the Arkoma Assets prior to the Combination and Financing, but using the proceeds only after the New RBL Facility was in place, caused the New RBL Facility borrowing base to be inflated deliberately and artificially.
As a result, the lenders under the New RBL Facility received the Arkoma Proceeds and were the beneficiaries of the Arkoma Assets sale.
Represents the adjustments to the historical condensed consolidated financial statements necessary to arrive at the pro forma financial position of Forest as of September 30, 2014, as if the sale of the Arkoma Assets occurred as of September 30, 2014, and the pro forma results of operations of Forest for the nine months ended September 30, 2014 and the year ended December 31, 2013, as if the sales of the Assets occurred as of January 1, 2013.