Additional Dedication Area Clause Samples
Additional Dedication Area. If during the period from the Effective Date to the end of the seventh Contract Year (the “ROFO Period”) Shipper proposes to sell or otherwise dispose of, in whole or in part, in one or more transactions, Low Pressure and/or High Pressure gathering facilities and compression, and associated rights and interests, owned by Shipper (in each case, “Additional Gathering Assets”) in the area described in Exhibit J hereto (the “Additional Dedication Area”) (each, an “Additional Dedication Area Transaction”), Shipper shall give notice to Gatherer of such proposed Additional Dedication Area Transaction and the terms thereof desired by Shipper (such notice, an “Additional Dedication Area Transaction Notice”). Following its receipt of the Additional Dedication Transaction Notice, Gatherer shall have the first right to submit to Shipper a definitive proposal to acquire the Additional Gathering Assets that are the subject of such Additional Dedication Transaction Notice (each such proposal, an “Additional Dedication Area Transaction Proposal”). Shipper shall provide reasonable cooperation to Gatherer, as well as access to such information and data under Shipper’s control as may reasonably be requested by Gatherer, to permit Gatherer to evaluate such Additional Dedication Area Transaction and to submit an Additional Dedication Area Transaction Proposal if Gatherer so elects. Shipper shall not formally solicit proposals for any Additional Dedication Area Transaction during the ROFO Period from any third party until the thirtieth (30th) day after delivery to Gatherer of an Additional Dedication Area Transaction Notice with respect to the applicable Additional Gathering Assets; provided, however, that Shipper shall remain free to discuss Additional Dedication Area Transactions with third parties and receive and consider unsolicited proposals therefor as long as Shipper otherwise complies with its obligations under this Section 2.6. If Gatherer timely delivers a responsive Additional Dedication Area Transaction Proposal with respect to a particular Additional Dedication Area Transaction, Shipper thereafter may elect to accept such Additional Dedication Area Transaction Proposal or enter into an Additional Dedication Area Transaction with any third party with respect to such Additional Gathering Assets, provided that the terms of the Additional Dedication Area Transaction with such third party are more favorable to Shipper, taken as a whole, than the terms of the responsive ...
