JDA Amendment Clause Samples

JDA Amendment. The JDA is hereby amended as follows: (a) Section 3.5 shall be amended by adding the following subsection (i): (i) To the extent the applicable information has not previously been provided to BG pursuant to a request under this Section 3.5(i) or prior to the 2014 Amendment Effective Date, Joint Development Operator shall deliver to BG, within a reasonable time period, not to exceed ninety (90) days following request from BG (which date shall be extended if reasonably requested by Joint Development Operator considering the scope of the request), copies of any files, records, maps, information, and data, whether written or electronically stored, in its possession that relate to Subject Oil and Gas Assets in which BG or an Affiliate of BG holds an interest, including (A) land and title records (including leases, abstracts of title, title opinions and title curative documents); (B) contract files; (C) correspondence; (D) operations, environmental, production and accounting records; and (E) production, facilities and well records and data (including logs and cores); provided that if, in Joint Development Operator’s reasonable opinion, such provision of such copies would require more than (40) hours to complete or would otherwise cost the Joint Development Operator an amount in excess of $50,000, then BG shall pay all the costs and expenses related to the provision of such copies.” (b) Section 3.6(b) shall be amended by deleting it in its entirety and replacing it with the following:

JDA Amendment. On the date hereof the Parties will execute an amendment to the Joint Development Agreement between them, dated as of August 22, 1997 and as previously amended, which is attached hereto as EXHIBIT B (the “JDA AMENDMENT”). [***] The remaining terms and conditions are more fully set forth in the JDA Amendment.

JDA Amendment. The JDA is hereby amended as follows: (a) Section 3.5(b)(iii) shall be deleted in its entirety and replaced with the following: (iii) solely with respect to those After Acquired Units for which EXCO or any Affiliate of EXCO serves as Party Operator under the relevant Joint Development Operating Agreement, upon a change in Control of the ultimate parent company of EXCO (but excluding a change in Control resulting from a management-led buyout of the public share ownership of such Person and the conversion of such Person to a privately-held Person). Party Operator will be required to resign with respect to operatorship of After Acquired Units within ten (10) days from the election of BG to acquire operatorship or to nominate a third party to serve as operator, effective as of the date BG or such third party actually acquires or assumes operatorship. BG’s election to acquire operatorship or to nominate a third party to serve as operator of After Acquired Units must be made within six (6) months following the applicable change in Control, with operatorship to transfer on a date elected by BG no later than twelve (12) months following BG’s election (i.e., within a total maximum time period of eighteen (18) months following the applicable change in Control). Party Operator shall support BG or its nominee in the election of the new Party Operator following Party Operator’s resignation.” (b) Section 3.6(c) shall be amended by deleting such section in its entirety and replacing it with the following: (c) Joint Development Operator may be removed under the following circumstances: (i) by the affirmative vote of the Development Parties, other than Joint Development Operator and its Affiliates, holding a majority of the Participating Interest held by such Development Parties: (A) if there is a Change in Control of Joint Development Operator, provided that such vote is taken by the latter of (I) ninety (90) days after such Change in Control, or (II) ninety (90) days following the delivery of notice to such Development Parties of such Change in Control, such notice to be delivered only after the Change in Control has occurred; or (B) for good cause, provided that in the case of removal for good cause, such vote shall not be deemed effective until a written notice has been delivered to Joint Development Operator by another Party detailing the alleged default and Joint Development Operator has failed to cure the default within thirty (30) days from its receipt of the notic...

JDA Amendment. On the date hereof the Parties will execute an amendment to the Joint Development Agreement between them, dated as of August 22, 1997 and as previously amended, which is attached hereto as Exhibit B (the "JDA Amendment"). Pursuant to the JDA Amendment, the Investor has agreed to prepay the minimum royalties due thereunder and, as additional consideration for such acceleration, the Company has agreed to reduce the total amount due thereunder to $2,000,000, payable over four (4) quarters, starting with the calendar quarter ending September 30, 2000. The remaining terms and conditions are more fully set forth in the JDA Amendment.