Hydrocarbon Sales. Except as described on Schedule 6.01(k), Seller is not obligated by virtue of a production payment or any other arrangement, other than gas balancing arrangements, to deliver Hydrocarbons produced from the Assets at some future time without then or thereafter receiving payment for the production commensurate with Seller’s ownership in and to the Assets.
Hydrocarbon Sales. Except as set forth on Exhibit A-3 and to the extent cancelable without penalty or other material payment on not more than thirty (30) days prior written notice, Seller is not obligated by virtue of (i) any prepayment arrangement under any contract or agreement for the sale of Hydrocarbons that contains a “take or pay provision”, (ii) a production payment or (iii) any other arrangement, other than gas balancing arrangements, to deliver Hydrocarbons produced from the Properties at some future time without then or thereafter receiving full payment therefor.
Hydrocarbon Sales. The Property and the Carry Xxxxx are not subject to any hydrocarbon sales contracts, production payments or other forward-sales contracts that are not listed on Schedule 4.12 attached hereto or that have not been disclosed to NEGP in writing pursuant to Section 8.3.
Hydrocarbon Sales. Except as described on Schedule 6.02(s), (i) the Company is not obligated by virtue of: (A) a prepayment arrangement under any Contract for the sale of Hydrocarbons that contains a “take or pay” provision, (B) a production payment, or (C) any other arrangement, other than gas balancing arrangements, to deliver Hydrocarbons produced from the Company Assets at some future time without then or thereafter receiving payment for the production commensurate with the Company’s ownership in and to the Company Properties, and (ii) the Company is not subject to any penalties or other payments under any gas transportation or other agreement as a result of the delivery of quantities of gas from the Company Properties in excess of the Contract requirements.
Hydrocarbon Sales. Except as noted in Schedule 6.01(k), (6) Seller is not obligated by virtue of: (a) a prepayment arrangement under any Contract for the sale of Hydrocarbons that contains a “take or pay” provision, (b) a production payment, or (c) any other arrangement, other than gas balancing arrangements, to deliver Hydrocarbons produced from the Assets at some future time without then or thereafter receiving payment for the production commensurate with Seller’s ownership in and to the Assets, (7) Seller is not (A) subject to any penalties or other payments under any gas transportation or other agreement as a result of the delivery of quantities of gas from the Assets in excess of the Contract requirements and (B) obligated to deliver any quantities of gas or to pay any penalties or other amounts, in connection with the violation of any of the terms of any gas contract or other agreement with shippers with respect to the Assets, and (8) no Person is entitled to receive any portion of the Seller’s Hydrocarbons produced from the Assets or to receive cash or other payments to “balance” any disproportionate allocation of Hydrocarbons produced from the Assets under any operating agreement, gas balancing or storage agreement, gas processing or dehydration agreement, gas transportation agreement, gas purchase agreement, or other agreements, whether similar or dissimilar.
Hydrocarbon Sales. (i) Seller is not obligated by virtue of and the Properties are not subject to: (A) a prepayment arrangement under any Contract for the sale of Hydrocarbons, including any that contains a “take or pay” provision, (B) a production payment, or (C) any other arrangement, other than gas balancing arrangements, to deliver Hydrocarbons produced from the Assets at some future time without then or thereafter receiving payment for the production commensurate with Seller’s ownership in and to the Assets or at a price less than the then current market value of such production, and, (ii) Seller is not subject to any penalties or other payments under any gas transportation or other agreement as a result of the delivery of quantities of gas from the Assets in excess of the Contract requirements.
Hydrocarbon Sales. Except as set forth on Exhibit A-2 and to the extent cancelable without penalty or other payment on not more than thirty (30) days’ prior written notice, neither Company Party is obligated by virtue of (i) any prepayment arrangement, “take or pay” or similar provision under any contract or agreement for the sale of Hydrocarbons, (ii) a production payment or (iii) any other arrangement, other than gas balancing arrangements, to deliver Hydrocarbons produced from the Subject Oil and Gas Interests (other than the Buyer Operated Properties but including any of the Buyer Operated Properties from which Seller is taking its production in-kind) after the Effective Time without then or thereafter receiving full payment therefor.
Hydrocarbon Sales. Except as described on Schedule 6.03(t), (i) Laredo is not obligated by virtue of: (A) a prepayment arrangement under any Contract for the sale of Hydrocarbons that contains a “take or pay” provision, (B) a production payment, or (C) any other arrangement, other than gas balancing arrangements, to deliver Hydrocarbons produced from the Laredo Assets at some future time without then or thereafter receiving payment for the production commensurate with Laredo’s ownership in and to the Laredo Properties, and (ii) Laredo is not subject to any penalties or other payments under any gas transportation or other agreement as a result of the delivery of quantities of gas from the Laredo Properties in excess of the Contract requirements.
Hydrocarbon Sales. Except as noted in Schedule 6.01(l), (i) such Seller is not obligated by virtue of: (A) a prepayment arrangement under any Contract for the sale of Hydrocarbons that contains a “take or pay” provision, (B) a production payment, or (C) any other arrangement, other than gas balancing arrangements, to deliver Hydrocarbons produced from its interest in the Assets at some future time without then or thereafter receiving payment for the production commensurate with such Seller’s ownership in and to the Assets or at a price materially less than the generally prevailing market price that would have been, or would be, received pursuant to an arm’s-length contract for a term of one (1) month with an unaffiliated third-party purchaser, (ii) such Seller is not (A) subject to any penalties or other payments under any gas transportation or other agreement as a result of the delivery of quantities of gas from its interest in the Assets in excess of the Contract requirements and (B) obligated to deliver any quantities of gas or to pay any penalties or other amounts, in connection with the violation of any of the terms of any gas contract or other agreement with shippers with respect to its interest in the Assets, (iii) such Seller’s interest in the Assets is not subject to any Imbalances, (iv) no person has any call upon, option to purchase or similar rights with respect to any material amounts of production from such Seller’s interest in the Assets, (v) no purchaser under any Hydrocarbon sales contract related to the Assets has notified such Seller (or, to the Knowledge of such Seller, the operator of any Asset) of its intent to cancel, terminate, or renegotiate any such Hydrocarbon sales contract or has otherwise failed or refused to take and pay for Hydrocarbons in the quantities and at the price set out in any such Hydrocarbon sales contract, whether such failure or refusal was pursuant to any force majeure, market out, or similar provisions contained in such Hydrocarbon sales contract or otherwise, and (vi) proceeds from the sale of Hydrocarbons produced from and attributable to such Seller’s interest in the Assets are being received by such Seller in a timely manner and are not being held in suspense by the purchaser thereof for any reason.
Hydrocarbon Sales. Except as described on Schedule 4.01(k), (i) neither Seller nor any of the Purchased Entities is obligated by virtue of: (A) a prepayment arrangement under any Assigned Contract for the sale of Hydrocarbons that contains a “take or pay” provision, (B) a production payment, or (C) any other arrangement, other than gas balancing arrangements, to deliver Hydrocarbons produced from the Assets at some future time without then or thereafter receiving payment for the production commensurate with Seller’s or such Purchased Entity’s ownership in and to the Assets, and (ii) neither Seller nor any of the Purchased Entities is subject to any penalties or other payments under any gas transportation or other agreement as a result of the delivery of quantities of gas from the Assets in excess of the Assigned Contract requirements.
