Common use of Casualty or Condemnation Loss Clause in Contracts

Casualty or Condemnation Loss. (a) Notwithstanding anything herein to the contrary, from and after the Effective Time, if Closing occurs, Buyer shall assume all risk of loss with respect to (i) production of Hydrocarbons from the Assets through normal depletion (including watering out of any well, collapsed casing or sand infiltration of any well) and (ii) the depreciation of personal property due to ordinary wear and tear and, in each case, Buyer shall not assert such matters as Casualty Losses or Title Defects hereunder.

Appears in 7 contracts

Samples: Purchase and Sale Agreement, Membership Interest Purchase Agreement (SM Energy Co), Purchase and Sale Agreement (SM Energy Co)

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Casualty or Condemnation Loss. (a) Notwithstanding anything herein to the contrary, from and after the Effective Time, if Closing occurssubject to the Closing, Buyer shall assume all risk of loss with respect to (i) production of Hydrocarbons from the Assets through normal depletion (including watering out of any well, collapsed casing or sand infiltration of any well) and (ii) the depreciation of personal property Personal Property due to ordinary wear and tear andtear, in each case, Buyer shall not assert such matters as Casualty Losses or Title Defects hereunderwith respect to the Assets.

Appears in 5 contracts

Samples: Purchase and Sale Agreement (W&t Offshore Inc), Purchase and Sale Agreement (Callon Petroleum Co), Purchase and Sale Agreement (Energy Partners LTD)

Casualty or Condemnation Loss. (a) Notwithstanding anything herein to the contrary, from and after the Effective Time, if Closing occurs, Buyer shall assume all risk of loss with respect to (i) production of Hydrocarbons from the Assets through normal depletion (including watering out of any wellWell, collapsed casing or sand infiltration of any wellWell) and (ii) the depreciation of personal property due to ordinary wear and tear andtear, in each case, Buyer shall not assert such matters as Casualty Losses or Title Defects hereunderwith respect to the Assets.

Appears in 4 contracts

Samples: Purchase and Sale Agreement (Petroquest Energy Inc), Purchase and Sale Agreement (Petroquest Energy Inc), Purchase and Sale Agreement (Petroquest Energy Inc)

Casualty or Condemnation Loss. (a) Notwithstanding anything herein to the contrary, from and after the Effective Time, Time if Closing occurs, with respect to the Conveyed Interest, Buyer shall assume all risk of loss with respect to (i) production of Hydrocarbons from the Assets through normal depletion (including watering out of any well, collapsed casing or sand infiltration of any well) and (ii) the depreciation of personal property due to ordinary wear and tear andtear, in each case, and Buyer shall not assert such matters as Casualty Losses any casualty losses or Title Defects hereunder.

Appears in 3 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement (Exco Resources Inc)

Casualty or Condemnation Loss. (a) Notwithstanding anything herein to the contrary, from and after the Effective Time, if Closing occurs, Buyer Buyers shall assume all risk of loss with respect to (i) production of Hydrocarbons from the Assets through normal depletion (including watering out of any well, collapsed casing or sand infiltration of any well) and (ii) the depreciation of personal property due to ordinary wear and tear and, in each case, Buyer Buyers shall not assert such matters as Casualty Losses or Title Defects hereunder.

Appears in 2 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (SM Energy Co)

Casualty or Condemnation Loss. (aA) Notwithstanding anything herein to the contrarycontrary and subject to the termination rights set forth below, from and after the Effective Time, if Closing occurssubject to the Closing, Buyer shall assume all risk of loss with respect to (i) production of Hydrocarbons from the Assets through normal depletion (including watering out of any well, collapsed casing or sand infiltration of any well) and (ii) the depreciation of personal property due to ordinary wear and tear andtear, in each case, Buyer shall not assert such matters as Casualty Losses or Title Defects hereunderwith respect to the assets of the Company and its Subsidiaries.

Appears in 2 contracts

Samples: Contribution and Sale Agreement (Eagle Rock Energy Partners L P), Contribution and Sale Agreement (Eagle Rock Energy Partners L P)

Casualty or Condemnation Loss. (a) Notwithstanding anything herein to the contrary, from and after the Effective Time, if Closing occurs, Buyer shall assume all risk of loss with respect to (i) production of Hydrocarbons from the Assets through normal depletion or other mechanical failure (including watering out of any well, collapsed casing or sand infiltration of any well) and (ii) the depreciation of personal property due to ordinary wear and tear andtear, in each case, Buyer shall not assert such matters as Casualty Losses or Title Defects hereunderwith respect to the Assets.

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (Mariner Energy Inc)

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Casualty or Condemnation Loss. (a) Notwithstanding anything herein to the contrary, from and after the Effective Time, if Closing occurs, Buyer shall assume all risk of loss with respect to (i) production of Hydrocarbons from the Assets through normal depletion (including watering out of any well, collapsed casing or sand infiltration of any wellwell due solely to normal depletion) and (ii) the depreciation of personal property due to ordinary wear and tear and, in each case, Buyer shall not assert such matters as Casualty Losses or Title Defects hereunder.

Appears in 1 contract

Samples: Purchase and Sale Agreement (SM Energy Co)

Casualty or Condemnation Loss. (a) Notwithstanding anything herein to the contrary, from From and after the Effective Time, if Closing occursClosing, Buyer shall assume all risk of loss with respect to (i) the production of Hydrocarbons from the Assets Hydrocarbons, including losses through normal depletion (including the watering out of any well, collapsed casing or sand infiltration of any well) and (ii) the depreciation of personal property due to ordinary wear and tear andtear, in each case, Buyer shall not assert such matters as Casualty Losses or Title Defects hereunderwith respect to the Oil and Gas Assets.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Pinnacle Gas Resources, Inc.)

Casualty or Condemnation Loss. (a) Notwithstanding anything herein to the contrary, from and after the Effective Time, if Closing occurssubject to the occurrence of Closing, Buyer shall assume all risk of loss with respect to (i) production of Hydrocarbons from the Assets through normal depletion (including watering out of any well, collapsed casing or sand infiltration of any well) and (ii) the depreciation of personal property due to ordinary wear and tear andtear, in each case, Buyer shall not assert such matters as Casualty Losses or Title Defects hereunderwith respect to the Assets.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Dune Energy Inc)

Casualty or Condemnation Loss. (a) Notwithstanding anything herein to the contrarycontrary but subject to the provisions of Article 6.1 and Article 12.3(b), if Closing occurs, from and after the Effective Time, if Closing occurs, Buyer shall assume all risk of loss with respect to (i) production of Hydrocarbons from the Assets through normal depletion (including watering out of any well, collapsed casing or sand infiltration of any well) and (ii) the depreciation of personal property Personal Property due to ordinary wear and tear andtear, in each case, Buyer with respect to the Assets, and such matters shall not assert such matters be considered as Casualty Losses a casualty loss or Title Defects hereunderdamage.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Black Elk Energy Finance Corp.)

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