Common use of Derivative Transactions and Hedging Clause in Contracts

Derivative Transactions and Hedging. (a) Schedule 4.21 of the Company Disclosure Letter contains a complete and correct list of all outstanding Derivative Transactions (including each outstanding Hydrocarbon or financial hedging position attributable to the Hydrocarbon production of the Company or any of its Subsidiaries) entered into by the Company or any of its Subsidiaries or for the account of any of their respective customers as of the date hereof pursuant to which such party has outstanding rights or obligations. All such Derivative Transactions were, and any Derivative Transactions entered into after the date of this Agreement will be, entered into in accordance with applicable Laws, and in accordance with the investment, securities, commodities, risk management and other policies, practices and procedures employed by the Company and its Subsidiaries. The Company and its Subsidiaries have duly performed in all material respects all of their respective obligations under the Derivative Transactions to the extent that such obligations to perform have accrued, and, to the knowledge of the Company, there are no material breaches, violations, collateral deficiencies, requests for collateral or demands for payment (except for ordinary course margin deposit requests), or defaults or allegations or assertions of such by any party thereunder.

Appears in 6 contracts

Samples: Agreement and Plan of Merger (Bonanza Creek Energy, Inc.), Agreement and Plan of Merger (Extraction Oil & Gas, Inc.), Agreement and Plan of Merger (HighPoint Resources Corp)

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Derivative Transactions and Hedging. (a) Schedule 4.21 5.21 of the Company Parent Disclosure Letter contains a complete and correct list of all outstanding Derivative Transactions (including each outstanding Hydrocarbon or financial hedging position attributable to the Hydrocarbon production of the Company Parent or any of its Subsidiaries) entered into by the Company Parent or any of its Subsidiaries or for the account of any of their respective customers as of the date hereof pursuant to which such party has outstanding rights or obligations. All such Derivative Transactions were, and any Derivative Transactions entered into after the date of this Agreement will be, entered into in accordance with applicable Laws, and in accordance with the investment, securities, commodities, risk management and other policies, practices and procedures employed by the Company Parent and its Subsidiaries. The Company Parent and its Subsidiaries have duly performed in all material respects all of their respective obligations under the Derivative Transactions to the extent that such obligations to perform have accrued, and, to the knowledge of the CompanyParent, there are no material breaches, violations, collateral deficiencies, requests for collateral or demands for payment (except for ordinary course margin deposit requests), or defaults or allegations or assertions of such by any party thereunder.

Appears in 6 contracts

Samples: Agreement and Plan of Merger (Bonanza Creek Energy, Inc.), Agreement and Plan of Merger (Extraction Oil & Gas, Inc.), Agreement and Plan of Merger (HighPoint Resources Corp)

Derivative Transactions and Hedging. (a) Schedule 4.21 Section 4.19 of the Company Parent Disclosure Letter contains a complete and correct list of all outstanding Derivative Transactions (including each outstanding Hydrocarbon or financial hedging position attributable to the Hydrocarbon production of the Company or any of Parent and its Subsidiaries) entered into by the Company Parent or any of its Subsidiaries or for the account of any of their respective its customers as of the date hereof of this Agreement pursuant to which such party has outstanding rights or obligations. All such Derivative Transactions were, and any Derivative Transactions entered into after the date of this Agreement will be, entered into in accordance with applicable Laws, and in accordance with the investment, securities, commodities, risk management and other policies, practices and procedures employed by the Company Parent and its Subsidiaries. The Company Parent and each of its Subsidiaries have duly performed in all material respects all of their respective obligations under the Derivative Transactions to the extent that such obligations to perform have accrued, and, to the knowledge Knowledge of the CompanyParent, there are no material breaches, violations, collateral deficiencies, requests for collateral or demands for payment (except for ordinary course margin deposit requests), or defaults or allegations or assertions of such by any party thereunder.

Appears in 6 contracts

Samples: Agreement and Plan of Merger (Halcon Resources Corp), Agreement and Plan of Merger (Georesources Inc), Agreement and Plan of Merger (Petrohawk Energy Corp)

Derivative Transactions and Hedging. (a) Schedule 4.21 Section 3.19 of the Company Disclosure Letter contains a complete and correct list of all outstanding Derivative Transactions (including each outstanding Hydrocarbon or financial hedging position attributable to the Hydrocarbon production of the Company or any of and its Subsidiaries) entered into by the Company or any of its Subsidiaries or for the account of any of their respective its customers as of the date hereof of this Agreement pursuant to which such party has outstanding rights or obligations. All such Derivative Transactions were, and any Derivative Transactions entered into after the date of this Agreement will be, entered into in accordance with applicable Laws, and in accordance with the investment, securities, commodities, risk management and other policies, practices and procedures employed by the Company and its Subsidiaries. The Company and each of its Subsidiaries have duly performed in all material respects all of their respective obligations under the Derivative Transactions to the extent that such obligations to perform have accrued, and, to the knowledge Knowledge of the Company, there are no material breaches, violations, collateral deficiencies, requests for collateral or demands for payment (except for ordinary course margin deposit requests), or defaults or allegations or assertions of such by any party thereunder.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (Halcon Resources Corp), Agreement and Plan of Merger (Georesources Inc), Agreement and Plan of Merger (KCS Energy Inc)

Derivative Transactions and Hedging. (a) Schedule 4.21 Section 3.19 of the Company Disclosure Letter contains a complete and correct list of all outstanding Derivative Transactions (including each outstanding Hydrocarbon or financial hedging position attributable to the Hydrocarbon production of the Company or any of and its Subsidiaries) entered into by the Company or any of its Subsidiaries or for the account of any of their respective its customers as of the date hereof pursuant to which such party has outstanding rights or obligationsof this Agreement. All such Derivative Transactions were, and any Derivative Transactions entered into after the date of this Agreement will be, entered into in accordance with applicable Laws, and in accordance with the investment, securities, commodities, risk management and other policies, practices and procedures employed by the Company and its Subsidiaries. The Company and each of its Subsidiaries have duly performed in all material respects all of their respective obligations under the Derivative Transactions to the extent that such obligations to perform have accrued, and, to the knowledge of the Company, there are no material breaches, violations, collateral deficiencies, requests for collateral or demands for payment (except for ordinary course margin deposit requests), or defaults or allegations or assertions of such by any party thereunder.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Mission Resources Corp), Agreement and Plan of Merger (Petrohawk Energy Corp), Agreement and Plan of Merger (Patina Oil & Gas Corp)

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Derivative Transactions and Hedging. (a) Schedule 4.21 Section 4.20 of the Company Sabine Disclosure Letter contains a complete and correct list list, as of the Execution Date, of all outstanding Derivative Transactions (including each outstanding Hydrocarbon or financial hedging position attributable to the Hydrocarbon production of the Company or any of its SubsidiariesSabine Entities) entered into by the Company or any of its Subsidiaries the Sabine Entities or for the account of any of their respective customers as of the date hereof Execution Date pursuant to which such party has outstanding rights or obligations. All such Derivative Transactions were, and any Derivative Transactions entered into after the date of this Agreement Execution Date will be, entered into in accordance with applicable Laws, and in accordance with the investment, securities, commodities, risk management and other policies, practices and procedures employed by the Company and its SubsidiariesSabine Entities. The Company and its Subsidiaries Sabine Entities have duly performed in all material respects all of their respective obligations under the Derivative Transactions to the extent that such obligations to perform have accrued, and, to the knowledge Knowledge of the CompanySabine Holdings, there are no material breaches, violations, collateral deficiencies, requests for collateral or demands for payment (except for ordinary course margin deposit requests), or defaults or allegations or assertions of such by any party thereunder.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Forest Oil Corp)

Derivative Transactions and Hedging. (a) Schedule 4.21 Section 3.19 of the Company Disclosure Letter contains a complete and correct list of all outstanding Derivative Transactions (including each outstanding Hydrocarbon or financial hedging position attributable to the 30 Hydrocarbon production of the Company or any of and its Subsidiaries) entered into by the Company or any of its Subsidiaries or for the account of any of their respective its customers as of the date hereof of this Agreement pursuant to which such party has outstanding rights or obligations. All such Derivative Transactions were, and any Derivative Transactions entered into after the date of this Agreement will be, entered into in accordance with applicable Laws, and in accordance with the investment, securities, commodities, risk management and other policies, practices and procedures employed by the Company and its Subsidiaries. The Company and each of its Subsidiaries have duly performed in all material respects all of their respective obligations under the Derivative Transactions to the extent that such obligations to perform have accrued, and, to the knowledge Knowledge of the Company, there are no material breaches, violations, collateral deficiencies, requests for collateral or demands for payment (except for ordinary course margin deposit requests), or defaults or allegations or assertions of such by any party thereunder.

Appears in 1 contract

Samples: Agreement and Plan of Merger (KCS Energy Inc)

Derivative Transactions and Hedging. (a) Schedule 4.21 Section 4.20 of the Company Sabine Disclosure Letter contains a complete and correct list list, as of the Original Execution Date, of all outstanding Derivative Transactions (including each outstanding Hydrocarbon or financial hedging position attributable to the Hydrocarbon production of the Company or any of its SubsidiariesSabine Entities) entered into by the Company or any of its Subsidiaries the Sabine Entities or for the account of any of their respective customers as of the date hereof Original Execution Date pursuant to which such party has outstanding rights or obligations. All such Derivative Transactions were, and any Derivative Transactions entered into after the date of this Agreement Original Execution Date will be, entered into in accordance with applicable Laws, and in accordance with the investment, securities, commodities, risk management and other policies, practices and procedures employed by the Company and its SubsidiariesSabine Entities. The Company and its Subsidiaries Sabine Entities have duly performed in all material respects all of their respective obligations under the Derivative Transactions to the extent that such obligations to perform have accrued, and, to the knowledge Knowledge of the CompanySabine Holdings, there are no material breaches, violations, collateral deficiencies, requests for collateral or demands for payment (except for ordinary course margin deposit requests), or defaults or allegations or assertions of such by any party thereunder.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Forest Oil Corp)

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