Common use of Independent Engineer Clause in Contracts

Independent Engineer. Netherland Xxxxxx & Associates, Inc. (“NSAI”) is a petroleum engineering consulting firm from whose reserve reports information is contained or incorporated by reference in the Registration Statement, the General Disclosure Package and the Final Prospectus, and acts as independent petroleum engineer with respect to the Company. Other than (i) the production of reserves in the ordinary course of business, (ii) intervening price fluctuations or (iii) as described in the General Disclosure Package and the Final Prospectus, the Company is not aware of any facts or circumstances that would result in a material adverse change in its proved reserves in the aggregate, or the aggregate present value of estimated future net revenues of the Company or the standardized measure of discounted future net cash flows therefrom, as described in the General Disclosure Package and the Final Prospectus and reflected in the reserve information as of the respective dates such information is given. The information underlying the estimates of the proved reserves of the Company and each of its subsidiaries that was supplied by the Company and/or its subsidiaries to NSAI for the purposes of preparing the reports of NSAI referenced in the General Disclosure Package and the Final Prospectus and estimates of proved reserves of the Company and its subsidiaries disclosed in the General Disclosure Package and the Final Prospectus, including, production, costs of operation, and future operations and sales of production, was true and correct in all material respects on the dates such information was provided, and such information was supplied and was prepared in accordance with customary industry practices. Except as described in each of the General Disclosure Package and the Final Prospectus, the General Disclosure Package, including the oil and natural gas production and reserve information and estimates of future net revenues and discounted future net cash flows, complies and the Final Prospectus, including the oil and natural gas production and reserve information and estimates of future net revenues and discounted future net cash flows, will comply, in all material respects with the applicable requirements of the Act and Regulation S-X, Industry Guide 2 under the Act and Statement of Financial Accounting Standards Board No. 69, Disclosures about Oil and Petroleum Producing Activities, as amended to date (“SFAS 69”).

Appears in 3 contracts

Samples: Underwriting Agreement (Kodiak Oil & Gas Corp), Underwriting Agreement (Kodiak Oil & Gas Corp), Underwriting Agreement (Kodiak Oil & Gas Corp)

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Independent Engineer. Netherland Xxxxxx & Associates, Inc. (“NSAI”) is a petroleum engineering consulting firm from whose reserve reports information is contained or incorporated by reference in the Registration Statement, the General Disclosure Package and the Final ProspectusOffering Circular, and acts as independent petroleum engineer with respect to the Company. Other than (i) the production of reserves in the ordinary course of business, (ii) intervening price fluctuations or (iii) as described in the General Disclosure Package and the Final ProspectusOffering Circular, the Company is not aware of any facts or circumstances that would result in a material adverse change in its or the Acquired Asset’s proved net reserves in the aggregate, or the aggregate present value of estimated future net revenues of the Company or the Acquired Assets or, in each case, the standardized measure of discounted future net cash flows therefrom, as described in the General Disclosure Package and the Final Prospectus Offering Circular and reflected in the reserve information as of the respective dates such information is given. The information underlying the estimates of the proved net reserves of the Company and Company, each of its subsidiaries and its Acquired Assets (with respect to the BTA Assets only) that was supplied by the Company and/or its subsidiaries to NSAI for the purposes of preparing the reports of NSAI referenced in the General Disclosure Package and the Final Prospectus Offering Circular and estimates of proved reserves of the Company and Company, its subsidiaries and the Acquired Assets disclosed in the General Disclosure Package and the Final ProspectusOffering Circular, including, production, costs of operation, and future operations and sales of production, was true and correct in all material respects on the dates such information was provided, and such information was supplied and was prepared in accordance with customary industry practices. The estimates of proved reserves of the Company, its subsidiaries and the Acquired Assets that were prepared by or on behalf of the Company that are disclosed in the General Disclosure Package and the Final Offering Circular, including, production, costs of operation, and future operations and sales of production, are true and correct in all material respects. Except as described in each of the General Disclosure Package and the Final ProspectusPackage, the General Disclosure Package, including the oil and natural gas production and reserve information and estimates of future net revenues and discounted future net cash flowsflows included or incorporated by reference therein, complies and the Final ProspectusOffering Circular, including the oil and natural gas production and reserve information and estimates of future net revenues and discounted future net cash flowsflows included or incorporated by reference therein, will comply, in all material respects with the applicable requirements of the Act and Exchange Act, Regulations S-K (including Subpart 1200 thereof), Regulation S-X, Industry Guide 2 under the Act X and Statement of Financial Accounting Standards Board No. 69, Disclosures about Oil and Petroleum Producing Activities, as amended to date (“SFAS 69”).

Appears in 1 contract

Samples: Purchase Agreement (Kodiak Oil & Gas Corp)

Independent Engineer. Netherland Xxxxxx & Associates, Inc. (“NSAI”) is a petroleum engineering consulting firm from whose reserve reports information is contained or incorporated by reference in the Registration Statement, the General Disclosure Package and the Final ProspectusOffering Circular, and acts as independent petroleum engineer with respect to the Company. Other than (i) the production of reserves in the ordinary course of business, (ii) intervening price fluctuations or (iii) as described in the General Disclosure Package and the Final ProspectusOffering Circular, the Company is not aware of any facts or circumstances that would result in a material adverse change in its or the Acquired Asset’s proved net reserves in the aggregate, or the aggregate present value of estimated future net revenues of the Company or the Acquired Assets or, in each case, the standardized measure of discounted future net cash flows therefrom, as described in the General Disclosure Package and the Final Prospectus Offering Circular and reflected in the reserve information as of the respective dates such information is given. The information underlying the estimates of the proved net reserves of the Company and each of its subsidiaries that was supplied by the Company and/or its subsidiaries to NSAI for the purposes of preparing the reports of NSAI referenced in the General Disclosure Package and the Final Prospectus Offering Circular and estimates of proved reserves of the Company and its subsidiaries disclosed in the General Disclosure Package and the Final ProspectusOffering Circular, including, production, costs of operation, and future operations and sales of production, was true and correct in all material respects on the dates such information was provided, and such information was supplied and was prepared in accordance with customary industry practices. The estimates of proved reserves of the Company, its subsidiaries and the Acquired Assets that were prepared by or on behalf of the Company that are disclosed in the General Disclosure Package and the Final Offering Circular, including, production, costs of operation, and future operations and sales of production, are true and correct in all material respects. Except as described in each of the General Disclosure Package and the Final ProspectusPackage, the General Disclosure Package, including the oil and natural gas production and reserve information and estimates of future net revenues and discounted future net cash flowsflows included or incorporated by reference therein, complies and the Final ProspectusOffering Circular, including the oil and natural gas production and reserve information and estimates of future net revenues and discounted future net cash flowsflows included or incorporated by reference therein, will comply, in all material respects with the applicable requirements of the Act and Exchange Act, Regulations S-K (including Subpart 1200 thereof), Regulation S-X, Industry Guide 2 under the Act X and Statement of Financial Accounting Standards Board No. 69, Disclosures about Oil and Petroleum Producing Activities, as amended to date (“SFAS 69”).

Appears in 1 contract

Samples: Purchase Agreement (Kodiak Oil & Gas Corp)

Independent Engineer. Netherland Xxxxxx & Associates, Inc. XxXxxxxx and XxxXxxxxxxx (“NSAIXxXxxxxx) is a petroleum engineering consulting firm from ), whose reserve reports information is contained are included or incorporated by reference in the Registration Statement, the General Disclosure Package and the Final Prospectus, and acts as is an independent petroleum engineer with respect to the Company. Other The information contained in the General Disclosure Package and the Prospectus regarding estimated proved reserves of the Company is based upon the reserve reports prepared by XxXxxxxx; the information provided to XxXxxxxx by the Company in connection with the preparation of such reports was true and correct in all material respects on the dates the reports were made, and such information was provided to XxXxxxxx in accordance with all customary industry practices. The factual information underlying the estimates of reserves of the Company included or incorporated by reference in the General Disclosure Package and the Prospectus, including, without limitation, production, costs of operation and development, current prices for production, agreements relating to current and future operations and sales of production, was true and correct in all material respects on the dates such estimates were made and such information was supplied and was prepared in accordance with customary industry practices; other than (i) the normal production of reserves reserves, intervening market commodity price fluctuations, fluctuations in demand for such products, adverse weather conditions, unavailability or increased costs of rigs, equipment, supplies or personnel, the timing of third party operations and other factors, in each case in the ordinary course of business, (ii) intervening price fluctuations or (iii) and except as described in the General Disclosure Package and the Final Prospectus, the Company is not aware of any facts or circumstances that would result in a material adverse change in its proved reserves in the aggregateaggregate net reserves, or the aggregate present value of estimated future net revenues of the Company or the standardized measure of discounted future net cash flows therefrom, as described in the General Disclosure Package and the Final Prospectus and reflected in the reserve information as of the respective dates such information is given. The information underlying the estimates of the proved reserves of the Company and each of its subsidiaries that was supplied by the Company and/or its subsidiaries to NSAI for the purposes of preparing the reports of NSAI referenced in the General Disclosure Package and the Final Prospectus and estimates of proved reserves of the Company and its subsidiaries disclosed in the General Disclosure Package and the Final Prospectus, including, production, costs of operation, and future operations and sales of production, was true and correct in all material respects on the dates such information was provided, and such information was supplied and was prepared in accordance with customary industry practices. Except as described in each of the General Disclosure Package and the Final Prospectus, the General Disclosure Package, including the oil and natural gas production and reserve information and estimates of future net revenues and discounted future net cash flows, complies and the Final Prospectus, including the oil and natural gas production and reserve information and estimates of future net revenues and discounted future net cash flows, will comply, in all material respects with the applicable requirements of the Act and Regulation S-X, Industry Guide 2 under the Act and Statement of Financial Accounting Standards Board No. 69, Disclosures about Oil and Petroleum Producing Activities, as amended to date (“SFAS 69”).

Appears in 1 contract

Samples: At the Market Equity Offering Sales Agreement (PHX Minerals Inc.)

Independent Engineer. Netherland Xxxxxx & Associates, Inc. (“NSAI”) is a petroleum engineering consulting firm from whose reserve reports information is contained or incorporated by reference in the Registration Statement, the General Disclosure Package and the Final Prospectus, and acts as independent petroleum engineer with respect to the Company. Other than (i) the production of reserves in the ordinary course of business, (ii) intervening price fluctuations or (iii) as described in the General Disclosure Package and the Final Prospectus, the Company is not aware of any facts or circumstances that would result in a material adverse change in its or the Acquired Asset’s proved net reserves in the aggregate, or the aggregate present value of estimated future net revenues of the Company or the Acquired Assets or, in each case, the standardized measure of discounted future net cash flows therefrom, as described in the General Disclosure Package and the Final Prospectus and reflected in the reserve information as of the respective dates such information is given. The information underlying the estimates of the proved net reserves of the Company and Company, each of its subsidiaries and its Acquired Assets (with respect to the BTA Assets only) that was supplied by the Company and/or its subsidiaries to NSAI for the purposes of preparing the reports of NSAI referenced in the General Disclosure Package and the Final Prospectus and estimates of proved reserves of the Company and Company, its subsidiaries and the Acquired Assets disclosed in the General Disclosure Package and the Final Prospectus, including, production, costs of operation, and future operations and sales of production, was true and correct in all material respects on the dates such information was provided, and such information was supplied and was prepared in accordance with customary industry practices. The estimates of proved reserves of the Company, its subsidiaries and the Acquired Assets that were prepared by or on behalf of the Company that are disclosed in the General Disclosure Package and the Final Prospectus, including, production, costs of operation, and future operations and sales of production, are true and correct in all material respects. Except as described in each of the General Disclosure Package and the Final Prospectus, the General Disclosure Package, including the oil and natural gas production and reserve information and estimates of future net revenues and discounted future net cash flowsflows included or incorporated by reference therein, complies and the Final Prospectus, including the oil and natural gas production and reserve information and estimates of future net revenues and discounted future net cash flowsflows included or incorporated by reference therein, will comply, in all material respects with the applicable requirements of the Act and Regulation S-X, Industry Guide 2 under the Act and Statement of Financial Accounting Standards Board No. 69, Disclosures about Oil and Petroleum Producing Activities, as amended to date (“SFAS 69”).

Appears in 1 contract

Samples: Underwriting Agreement (Kodiak Oil & Gas Corp)

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Independent Engineer. Netherland Xxxxxx & Associates, Inc. (“NSAI”) is a petroleum engineering consulting firm from whose reserve reports information is contained or incorporated by reference in the Registration Statement, the General Disclosure Package and the Final ProspectusPackage, and acts as independent petroleum engineer with respect to the Company. Other than (i) the production of reserves in the ordinary course of business, (ii) intervening price fluctuations or (iii) as described in the General Disclosure Package and the Final ProspectusPackage, the Company is not aware of any facts or circumstances that would result in a material adverse change in its or the Acquired Asset’s proved net reserves in the aggregate, or the aggregate present value of estimated future net revenues of the Company or the Acquired Assets or, in each case, the standardized measure of discounted future net cash flows therefrom, as described in the General Disclosure Package and the Final Prospectus and reflected in the reserve information as of the respective dates such information is given. The information underlying the estimates of the proved net reserves of the Company and Company, each of its subsidiaries and its Acquired Assets (with respect to the BTA Assets only) that was supplied by the Company and/or its subsidiaries to NSAI for the purposes of preparing the reports of NSAI referenced in the General Disclosure Package and the Final Prospectus and estimates of proved reserves of the Company and Company, its subsidiaries and the Acquired Assets disclosed in the General Disclosure Package and the Final ProspectusPackage, including, production, costs of operation, and future operations and sales of production, was true and correct in all material respects on the dates such information was provided, and such information was supplied and was prepared in accordance with customary industry practices. The estimates of proved reserves of the Company, its subsidiaries and the Acquired Assets that were prepared by or on behalf of the Company that are disclosed in the General Disclosure Package and the Final Offering Circular, including, production, costs of operation, and future operations and sales of production, are true and correct in all material respects. Except as described in each of the General Disclosure Package and the Final ProspectusPackage, the General Disclosure Package, including the oil and natural gas production and reserve information and estimates of future net revenues and discounted future net cash flowsflows included or incorporated by reference therein, complies and the Final ProspectusOffering Circular, including the oil and natural gas production and reserve information and estimates of future net revenues and discounted future net cash flowsflows included or incorporated by reference therein, will comply, in all material respects with the applicable requirements of the Act and Regulation S-X, Industry Guide 2 under the Act and Statement of Financial Accounting Standards Board No. 69, Disclosures about Oil and Petroleum Producing Activities, as amended to date (“SFAS 69”).

Appears in 1 contract

Samples: Purchase Agreement (Kodiak Oil & Gas Corp)

Independent Engineer. Netherland Xxxxxx Netherland, Sxxxxx & Associates, Inc. (“NSAI”) is a petroleum engineering consulting firm from whose reserve reports report information is contained or incorporated by reference in the Registration Statement, the General Time of Sale Disclosure Package and the Final Prospectus, and acts as an independent petroleum engineer with respect to the Company. Other than (i) the production of reserves in the ordinary course of business, (ii) intervening price fluctuations or (iii) as described in the General Registration Statement, the Time of Sale Disclosure Package and the Final Prospectus, the Company is not aware of any facts or circumstances that would result in a material adverse change in its proved net reserves in the aggregate, or the aggregate present value of estimated future net revenues of the Company or the standardized measure of discounted future net cash flows therefrom, therefrom as described in the General Registration Statement, the Time of Sale Disclosure Package and the Final Prospectus Prospectus, and reflected in the reserve information as of the respective dates such information is givenreports. The information underlying the estimates of the proved net reserves of the Company and each of its subsidiaries that was supplied by the Company and/or its subsidiaries to NSAI for the purposes of preparing the reports of NSAI referenced in the General Registration Statement, the Time of Sale Disclosure Package and the Final Prospectus Prospectus, and estimates of proved reserves of the Company and its subsidiaries disclosed in the General Registration Statement, the Time of Sale Disclosure Package and the Final Prospectus, including, production, costs of operation, and future operations and sales of production, was true and correct in all material respects on the dates such information was provided, and such information was supplied and was prepared in accordance with customary industry practices. The estimates of proved reserves of the Company and its subsidiaries that were prepared by or on behalf of the Company that are disclosed in the Registration Statement, the Time of Sale Disclosure Package and the Prospectus are true and correct in all material respects. Except as described in each the Registration Statement, the Time of the General Sale Disclosure Package and the Final Prospectus, the General Disclosure Package, including the oil and natural gas production and reserve information and estimates of future net revenues and discounted future net cash flows, complies and the Final Prospectus, including the oil and natural gas production and reserve information and estimates of future net revenues and discounted future net cash flows, will comply, included or incorporated by reference therein comply in all material respects with the applicable requirements of the Securities Act and Item 1200 of Regulation S-X, Industry Guide 2 under the Act and Statement of Financial Accounting Standards Board No. 69, Disclosures about Oil and Petroleum Producing Activities, as amended to date (“SFAS 69”).K.

Appears in 1 contract

Samples: Underwriting Agreement (Yuma Energy, Inc.)

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