Gathering Agreement. The parties agree that at the Closing they will enter into a Gathering Agreement in the form attached hereto as Exhibit 7.13.
Gathering Agreement. As defined in the recitals.] [Gathering Receipt Point. Each “Receipt Point” as defined in the Gathering Agreement.]
Gathering Agreement. Seller will have caused each of CEMI and CELLC to deliver an executed counterpart of the Gathering Agreement to Buyer;
Gathering Agreement. Buyer will have, or will cause its Affiliate to have, delivered to Seller an executed counterpart of the Gathering Agreement;
Gathering Agreement. Prior to Closing, the Buyer will furnish to the applicable Seller a written acknowledgement from Appalachia Midstream Services, L.L.C. (“AMS”) that Buyer is deemed to be a “Credit-Worthy Assignee” under: (a) that certain Anchor Shipper Gas Gathering Agreement for Marcellus dated January 1, 2012, among AMS, Chesapeake Energy Marketing, Inc. (“CEMI”), and CALLC, as amended and (b) provided that SUSA executes this Agreement, that certain Anchor Shipper Gas Gathering Agreement for Marcellus dated January 1, 2012, among AMS and SUSA, as amended (collectively, the “Gathering Agreements”). It is the intent of the Parties that each of the Gathering Agreements will be amended in order to segregate the area to which the Gathering Agreements apply into two or more separate areas in order to facilitate the transfer to the Buyer of the respective Seller’s rights and obligations under the Gathering Agreements solely with respect to the GGA Area (referred to herein as the “GGA Amendments”). The Parties agree to work together in good faith to agree with AMS as to the terms of the GGA Amendments, it being understood that each GGA Amendment, to the extent it will modify the existing terms of either Gathering Agreement with respect to the GGA Area for periods from and after the Effective Time, will be subject to the Buyer’s written consent not to be unreasonably withheld, conditioned or delayed. Upon Closing the Buyer will assume (and, upon delivery by the Sellers of the Assignment, the Buyer shall be deemed to have assumed), and thereafter will be bound by and comply with and perform, all of the obligations of CEMI and each Seller contained in the respective Gathering Agreement (as amended by the respective GGA Amendment) solely with respect to the GGA Area to the extent such obligations arise (or are otherwise attributable to any period) from and after the Effective Time; provided, however that, in the event SUSA does not execute this Agreement, such assumption shall apply only with respect to CALLC’s Gathering Agreement (as amended by CALLC’s GGA Amendment).
Gathering Agreement. Any transfer by Producer of any of Producer’s interests in the Dedicated Acreage shall comply with Article 13 of the Gathering Agreement, which, among other matters, requires that, except in certain circumstances, the transfer be expressly subject to the Gathering Agreement. Article 13 of the Gathering Agreement requires that, among other matters and except in certain circumstances, neither Party may assign or otherwise convey all or any portion of its right, title, or interest under the Gathering Agreement without obtaining the prior written consent of the other Party, which consent will not be unreasonably withheld, conditioned, or delayed, and any attempts to assign without such consent will be void.
Gathering Agreement. Section 3.1 Assumption of Obligations by Atlas America. Atlas America hereby expressly assumes, for itself and its successors and assigns, the obligations of each member of the Atlas Energy Group, as they may appear, to timely pay gathering fees to APL under Article 7 and 8 of the Gathering Agreement accruing from and after the Closing Date and agrees to keep, perform and observe all of the covenants and conditions contained therein on the part of the Subsidiaries to be kept, performed and observed from and after the Closing Date.
Gathering Agreement
