ADDITIONAL ECO INFORMATION Clause Samples

ADDITIONAL ECO INFORMATION. The ECo Disclosure Letter contains true, complete and correct lists of the following items with respect to ECo and each of the ECo Subsidiaries, and ECo has furnished or made available to CCo true, complete and correct copies of all documents referred to in such lists: (a) All contracts which involve, or may involve, aggregate payments by any party thereto of $5 million or more, which payments or obligations are to be performed in whole or in part after the Effective Time and which are not cancellable or terminable by ECo without payment or penalty in excess of $5 million; (b) All option, bonus, incentive compensation, deferred compensation, indemnification agreements, employment agreements (including change of control agreements) and profit-sharing, retirement, pension, welfare, group insurance, death benefit and other fringe benefit plans, arrangements or trust agreements; (c) All material patents, trademarks, copyrights and other intellectual property rights (including, without limitation, those relating to seismic data) owned, licensed or used and all applications therefor; (d) All material trade names and fictitious names used or held, whether and where such names are registered and where used; (e) All long-term and short-term promissory notes, installment contracts, loan agreements, credit agreements, interest rate and currency derivatives, and operating and finance leases, in each case, having financial obligations in excess of $1 million, and any other material agreements relating thereto or with respect to collateral securing the same; (f) All indebtedness, liabilities and commitments of third parties (other than ECo Subsidiaries) and as to which it is a guarantor, endorser, co-maker, surety or accommodation maker or is contingently liable therefor (excluding liabilities as an endorser of checks and the like in the ordinary course of business) or has otherwise provided any form of financial assistance, and all letters of credit, in each case with a financial liability exposure in excess of $1 million, whether stand-by or documentary, issued by any third party; and (g) all material production transportation, marketing, sales and hedging contracts, other than production sales contracts terminable without penalty upon no more than 30 days notice.