Common use of OPERATION OF MORTGAGED PROPERTY, ETC Clause in Contracts

OPERATION OF MORTGAGED PROPERTY, ETC. Except with respect to those which Borrower elects to allow to expire in the ordinary course of business, Borrower will promptly pay and discharge all rentals, delay rentals, royalties and indebtedness accruing under, and perform or cause to be performed each and every act, matter or thing required by, each and all of the assignments, deeds, leases, sub-leases, contracts and agreements described or referred to herein or affecting Borrower's interests in the Mortgaged Property, and will do all other things necessary to keep unimpaired Borrower's rights with respect thereto and prevent any forfeiture thereof or default thereunder. To Borrower's knowledge, the Mortgaged Property (and any properties unitized therewith) has been maintained, operated and developed in a good and workmanlike manner and in conformity with all applicable laws and all rules, regulations and orders of all duly constituted authorities having jurisdiction and in conformity with the provisions of all leases, subleases or other contracts comprising a part of the Hydrocarbon Property and other contracts and agreements forming a part of the Mortgaged Property, except where the failure to so maintain, operate or develop would not have a Material Adverse Effect on Borrower. Borrower will operate the Mortgaged Property in a careful and efficient manner in accordance with the practices of the industry and in compliance with all applicable contracts and agreements and in compliance with all applicable proration and conservation laws of the jurisdiction in which such Mortgaged Property is situated, and all applicable laws, rules and regulations of every other agency and authority from time to time constituted to regulate the development and operation of such Mortgaged Property and the production and sale of Hydrocarbons therefrom. In the case of any Mortgaged Property for which Borrower is the operator, Borrower will or will cause to be done such development work as may be reasonably necessary to the prudent and economical operation of such Mortgaged Property in accordance with the most approved practices of operators in the industry, including all to be done that may be appropriate to protect from diminution the productive capacity of such Mortgaged Property and each producing well thereon including, without limitation, cleaning out and reconditioning each well from time to time, plugging and completing at a different level each such well, drilling a substitute well to conform to changed spacing regulations and to protect such Mortgaged Property against drainage whenever and as often as is necessary.

OPERATION OF MORTGAGED PROPERTY, ETC. Except with respect to those which Borrower elects to allow to expire in the ordinary course of business, Borrower Mortgagor will promptly pay and discharge all rentals, delay rentals, royalties and indebtedness accruing under, and perform or cause to be performed each and every act, matter or thing required by, each and all of the assignments, deeds, leases, sub-leases, contracts and agreements described or referred to herein or affecting BorrowerMortgagor's interests in the Mortgaged Property, and will do all other things necessary to keep unimpaired BorrowerMortgagor's rights with respect thereto and prevent any forfeiture thereof or default thereunder. To Borrower's knowledge, the The Mortgaged Property (and any properties unitized therewith) has been maintained, operated and developed in a good and workmanlike manner and in conformity with all applicable laws and all rules, regulations and orders of all duly constituted authorities having jurisdiction and in conformity with the provisions of all leases, subleases or other contracts comprising a part of the Hydrocarbon Property and other contracts and agreements forming a part of the Mortgaged Property; specifically in this connection, except where (i) after the failure Effective Date no Mortgaged Property is subject to so maintainhaving allowable production reduced below the full and regular allowable (including the maximum permissible tolerance) because of any overproduction (whether or not the same was permissible at the time) prior to the Effective Date and (ii) none of the xxxxx comprising a part of the Mortgaged Property (or properties unitized therewith) are deviated from the vertical more than the maximum permitted by applicable laws, operate or develop would not have a Material Adverse Effect regulations, rules and orders, and such xxxxx are, in fact, bottomed under and are producing from, and the well bores are wholly within, the Mortgaged Property (or, in the case of xxxxx located on Borrowerproperties unitized therewith, such unitized properties). Borrower Mortgagor will operate the Mortgaged Property in a careful and efficient manner in accordance with the practices of the industry and in compliance with all applicable contracts and agreements and in compliance with all applicable proration and conservation laws of the jurisdiction in which such the Mortgaged Property is situated, and all applicable laws, rules and regulations of every other agency and authority from time to time constituted to regulate the development and operation of such the Mortgaged Property and the production and sale of Hydrocarbons and other minerals therefrom. In the case of any Mortgaged Property for which Borrower is the operator, Borrower Mortgagor will do or will cause to be done such development work as may be reasonably necessary to the prudent and economical operation of such the Mortgaged Property in accordance with the most approved practices of operators in the industry, including all to be done that may be appropriate to protect from diminution the productive capacity of such the Mortgaged Property and each producing well thereon including, without limitation, cleaning out and reconditioning each well from time to time, plugging and completing at a different level each such well, drilling a substitute well to conform to changed spacing regulations and to protect such the Mortgaged Property against drainage whenever and as often as is necessary.

OPERATION OF MORTGAGED PROPERTY, ETC. Except with respect to those which Borrower elects to allow to expire in as otherwise permitted by the ordinary course of businessCredit Agreement, Borrower Mortgagor will promptly pay and discharge all rentals, delay rentals, royalties and indebtedness accruing under, and perform or cause to be performed each and every act, matter or thing required by, each and all of the assignments, deeds, leases, sub-leases, contracts and agreements described or referred to herein or affecting BorrowerMortgagor's interests in the Mortgaged Property, and will do all other things necessary to keep unimpaired BorrowerMortgagor's rights with respect thereto and prevent any forfeiture thereof or default thereunder. To Borrower's knowledgeExcept as otherwise permitted by the Credit Agreement, the Mortgaged Property (and any properties unitized therewith) has been maintained, operated and developed in a good and workmanlike manner and in conformity with all applicable laws and all rules, regulations and orders of all duly constituted authorities having jurisdiction and in conformity with the provisions of all leases, subleases or other contracts comprising a part of the Hydrocarbon Property and other contracts and agreements forming a part of the Mortgaged Property; specifically in this connection, except where (i) after the failure Effective Date no Mortgaged Property is subject to so maintainhaving allowable production reduced below the full and regular allowable (including the maximum permissible tolerance) because of any overproduction (whether or not the same was permissible at the time) prior to the Effective Date and (ii) none of the wellx xxxprising a part of the Mortgaged Property (or properties unitized therewith) are deviated from the vertical more than the maximum permitted by applicable laws, operate or develop would not have a Material Adverse Effect regulations, rules and orders, and such wellx xxx, in fact, bottomed under and are producing from, and the well bores are wholly within, the Mortgaged Property (or, in the case of wellx xxxated on Borrowerproperties unitized therewith, such unitized properties). Borrower Except as otherwise permitted by the Credit Agreement, Mortgagor will operate the Mortgaged Property in a careful and efficient manner in accordance with the practices of the industry and in material compliance with all applicable contracts and agreements and in compliance with all applicable proration and conservation laws of the jurisdiction in which such the Mortgaged Property is situated, and all applicable laws, rules and regulations of every other agency and authority from time to time constituted to regulate the development and operation of such the Mortgaged Property and the production and sale of Hydrocarbons therefromand other minerals there from. In Except as otherwise permitted by the case of any Mortgaged Property for which Borrower is the operatorCredit Agreement, Borrower Mortgagor will do or will cause to be done such development work as may be reasonably necessary to the prudent and economical operation of such the Mortgaged Property in accordance with the most approved usual and customary practices of operators in the industry, including all to be done that may be appropriate to protect from diminution the productive capacity of such the Mortgaged Property and each producing well thereon including, without limitation, cleaning out and reconditioning each well from time to time, plugging and completing at a different level each such well, drilling a substitute well to conform to changed spacing regulations and to protect such the Mortgaged Property against drainage whenever and as often as is necessary.

OPERATION OF MORTGAGED PROPERTY, ETC. Except with respect to those which Borrower elects to allow to expire in as otherwise permitted by the ordinary course of businessCredit Agreement, Borrower Mortgagor will promptly pay and discharge all rentals, delay rentals, royalties and indebtedness accruing under, and perform or cause to be performed each and every act, matter or thing required by, each and all of the assignments, deeds, leases, sub-leases, contracts and agreements described or referred to herein or affecting BorrowerMortgagor's interests in the Mortgaged Property, and will do all other things necessary to keep unimpaired BorrowerMortgagor's rights with respect thereto and prevent any forfeiture thereof or default thereunder. To Borrower's knowledgeExcept as otherwise permitted by the Credit Agreement, the Mortgaged Property (and any properties unitized therewith) has been maintained, operated and developed in a good and workmanlike manner and in conformity with all applicable laws and all rules, regulations and orders of all duly constituted authorities having jurisdiction and in conformity with the provisions of all leases, subleases or other contracts comprising a part of the Hydrocarbon Property and other contracts and agreements forming a part of the Mortgaged Property; specifically in this connection, except where (i) after the failure Effective Date no Mortgaged Property is subject to so maintainhaving allowable production reduced below the full and regular allowable (including the maximum permissible tolerance) because of any overproduction (whether or not the same was permissible at the time) prior to the Effective Date and (ii) none of the wellx xxxprising a part of the Mortgaged Property (or properties unitized therewith) are deviated from the vertical more than the maximum permitted by applicable laws, operate or develop would not have a Material Adverse Effect regulations, rules and orders, and such wellx xxx, in fact, bottomed under and are producing from, and the well bores are wholly within, the Mortgaged Property (or, in the case of wellx xxxated on Borrowerproperties unitized therewith, such unitized properties). Borrower Except as otherwise permitted by the Credit Agreement, Mortgagor will operate the Mortgaged Property in a careful and efficient manner in accordance with the practices of the industry and in material compliance with all applicable contracts and agreements and in compliance with all applicable proration and conservation laws of the jurisdiction in which such the Mortgaged Property is situated, and all applicable laws, rules and regulations of every other agency and authority from time to time constituted to regulate the development and operation of such the Mortgaged Property and the production and sale of Hydrocarbons therefromand other minerals there- from. In Except as otherwise permitted by the case of any Mortgaged Property for which Borrower is the operatorCredit Agreement, Borrower Mortgagor will do or will cause to be done such development work as may be reasonably necessary to the prudent and economical operation of such the Mortgaged Property in accordance with the most approved usual and customary practices of operators in the industry, including all to be done that may be appropriate to protect from diminution the productive capacity of such the Mortgaged Property and each producing well thereon including, without limitation, cleaning out and reconditioning each well from time to time, plugging and completing at a different level each such well, drilling a substitute well to conform to changed spacing regulations and to protect such the Mortgaged Property against drainage whenever and as often as is necessary.