Agreement as to Damages and Other Arrangements. 6.1 Purchaser Damages Provided that there is no material breach of a representation or warranty by Purchaser or AcquisitionCo or material non performance by Purchaser or AcquisitionCo of any covenant by the date specified herein (excluding the breach of a covenant where Purchaser is precluded from satisfying its obligations through action or omission of Western), if at any time after the execution of this Agreement and prior to its termination:
Agreement as to Damages and Other Arrangements. 6.1 AcquireCo Damages 58 6.2 TargetCo Damages 60 6.3 Fees and Expenses 60
Agreement as to Damages and Other Arrangements. 6.1 Lone Pine Damages 41 6.2 Arsenal Damages 42 6.3 Liquidated Damages and Specific Performance 42 ARTICLE 7
Agreement as to Damages and Other Arrangements. 6.1 Purchaser Damages 6.2 Liquidated Damages
Agreement as to Damages and Other Arrangements. 6.1 Sea Dragon Damages If at any time after the execution of this Agreement and prior to its termination:
Agreement as to Damages and Other Arrangements. 62 6.1 Cona Damages 62 6.2 Pengrowth Damages 63 6.3 Liquidated Damages and Specific Performance 64 ARTICLE 7 AMENDMENT 64 7.1 Amendment 64 ARTICLE 8 TERMINATION 64 8.1 Termination 64 ARTICLE 9 NOTICES 66 9.1 Notices 66 ARTICLE 10 GENERAL 67 10.1 Assignment and Enurement 67 10.2 Disclosure 67 10.3 Costs 67 10.4 Severability 67 10.5 Further Assurances 68 10.6 Time of Essence 68 10.7 Governing Law 68 10.8 Injunctive Relief 68 10.9 Waiver 68 10.10 Third Party Beneficiaries 68 10.11 Counterparts 69 Schedule “A” Plan of Arrangement A-1 ARRANGEMENT AGREEMENT This Arrangement Agreement dated the 31stday of October, 2019, among: CONA RESOURCES LTD., a corporation incorporated under the laws of the Province of Alberta (“Cona”) WATEROUS ENERGY FUND (CANADIAN) LP, a limited partnership formed under the laws of the Province of Alberta (“WEF Canadian”) WATEROUS ENERGY FUND (US) LP, a limited partnership formed under the laws of the Province of Alberta (“WEF US”) WATEROUS ENERGY FUND (INTERNATIONAL) LP, a limited partnership formed under the laws of the Province of Alberta (“WEF International”) PENGROWTH ENERGY CORPORATION, a corporation amalgamated under the laws of the Province of Alberta (“Pengrowth”)
Agreement as to Damages and Other Arrangements. 65 6.1 Sea Dragon Damages 65 6.2 Sea Dragon Liquidated Damages 66 6.3 Madison Damages 66 6.4 Madison Liquidated Damages 67 6.5 Expense Reimbursement 67 ARTICLE 7 AMENDMENT 67 7.1 Amendment 67 7.2 Amendment of Plan of Arrangement 68 ARTICLE 8 TERMINATION 68 8.1 Termination 68
Agreement as to Damages and Other Arrangements. 7.1 Harvest Damages If at any time after the execution of this Agreement and prior to its termination:
Agreement as to Damages and Other Arrangements. 85 6.1 Baytex Damages 85 6.2 Raging River Damages 86 6.3 Liquidated Damages and Specific Performance 87 ARTICLE 7 AMENDMENT 87 7.1 Amendment 87 ARTICLE 8 TERMINATION 88 8.1 Termination 88 ARTICLE 9 NOTICES 89 9.1 Notices 89 ARTICLE 10 GENERAL 90 10.1 Assignment and Enurement 90 10.2 Disclosure 90 10.3 Costs 90 10.4 Severability 90 10.5 Further Assurances 90 10.6 Time of Essence 91 10.7 Governing Law 91 10.8 Waiver 91 10.9 Third Party Beneficiaries 91 10.10 Counterparts 91 SCHEDULE "A" — Plan of Arrangement A-1 SCHEDULE "B" — Form of Raging River Support Agreement B-1 SCHEDULE "C" — Form of Baytex Support Agreement C-1 AMENDED AND RESTATED ARRANGEMENT AGREEMENT THIS AMENDED AND RESTATED ARRANGEMENT AGREEMENT dated effective June 17th , 2018 and amended and restated July 5, 2018 BETWEEN: BAYTEX ENERGY CORP., a corporation existing under the laws of the Province of Alberta ("Baytex") - and - RAGING RIVER EXPLORATION INC., a corporation existing under the laws of the Province of Alberta ("Raging River")
Agreement as to Damages and Other Arrangements
