Pipeline and Facilities. Except as set forth in Section 4.15 of the Disclosure Schedule, (i) (A) to the Company’s Knowledge, prior to October 4, 2012 the Pipeline and the Facilities were and (B) since October 4, 2012 the Pipeline and the Facilities have been, in each case constructed and are maintained and operated by the Company or the Company Subsidiaries in a good and workmanlike manner in accordance with customary practices in the midstream industry in the area in which the Properties are located, and have been in continuous operation, except for temporary cessations for the performance, in the ordinary course of business, of maintenance, repair, replacement, modification, improvement or expansion, (ii) the existing condition of the Pipeline and the Facilities make each suitable, in accordance with customary practices in the midstream industry in the area in which the Properties are located and all Applicable Laws and Applicable Environmental Laws, for use for the purposes that it is currently being used, and (iii) the Pipeline, Facilities and other personal property included in the Properties are free of mechanical defects and in good working order other than routine, immaterial defects that occur in the ordinary course of business. The Target Companies, as applicable, have good and valid title to all Personal Property, Pipelines and Facilities (to the extent the Facilities constitute personal property) free and clear of all Liens other than Permitted Liens. To the Company’s Knowledge, the Facilities and Personal Property constituting a part of the Properties are in good working order and have been maintained in a state of repair so as to be adequate, in all material respects, for normal operations consistent with such Target Company’s past practices. To the Knowledge of the Company, the Pipeline and the Facilities are being used, occupied, and maintained, in all material respects, in accordance with all applicable Easements, Contracts, Permits and insurance requirements.
Pipeline and Facilities. To the Company’s Knowledge, (i) the Pipeline and the Facilities have been owned, constructed, maintained and operated in a good and workmanlike manner in accordance with customary practices in the oil and gas industry and all Applicable Laws and Applicable Environmental Laws, and have been in continuous operation since they were placed into service, except for temporary cessations for the performance of maintenance, repair, replacement, modification, improvement or expansion, and (ii) the existing condition of the Pipeline and the Facilities make each suitable, in accordance with customary practices in the oil and gas industry and all Applicable Laws and Applicable Environmental Laws, for use for purposes that it is currently being used.
Pipeline and Facilities. Except as set forth in Section 4.14 of the Disclosure Schedule, to Seller’s Knowledge, (i) the Pipeline and the Facilities have been owned, constructed, maintained and operated by Seller and the Companies in a good and workmanlike manner in accordance with customary practices in the oil and gas industry and all Applicable Laws and Applicable Environmental Laws, and have been in continuous operation since they were placed into service, except for temporary cessations for the performance, in the ordinary course of business, of maintenance, repair, replacement, modification, improvement or expansion, (ii) the existing condition of the Pipeline and the Facilities make each suitable, in accordance with customary practices in the oil and gas industry and all Applicable Laws and Applicable Environmental Laws, for use for the purposes that it is currently being used, and (iii) the Pipeline, Facilities and other personal property included in the Properties are free of mechanical defects and in good working order other than routine, immaterial defects which occur in the ordinary course of business.
Pipeline and Facilities. Since November 5, 2010, the Pipeline and the Facilities have been owned, constructed, maintained and operated in a good and workmanlike manner in accordance with customary practices in the oil and gas industry, and have been in continuous operation since they were placed into service, except for temporary cessations for the performance of maintenance, repair, replacement, modification, improvement or expansion. The existing condition of the Pipeline and the Facilities make each suitable, in accordance with customary practices in the oil and gas industry for use for purposes that it is currently being used. Notwithstanding the foregoing, this Section 4.16 does not relate to (i) environmental matters or Applicable Environmental Law, which are solely the subject of Section 3.11 or (ii) Taxes, which are solely the subject of Section 4.11.
Pipeline and Facilities. Since November 5, 2010, the pipelines, facilities and other tangible assets owned or used by Centrahoma JV in the business conducted by Centrahoma JV have been owned, constructed, maintained and operated in a good and workmanlike manner in accordance with customary practices in the oil and gas industry and have been in continuous operation since they were placed into service, except for temporary cessations for the performance of maintenance, repair, replacement, modification, improvement or expansion. The existing condition of the pipelines and facilities owned or used by Centrahoma JV are suitable, in accordance with customary practices in the oil and gas industry, for use for purposes that they are currently being used. Notwithstanding the foregoing, this Section 5.12 does not relate to (i) environmental matters or Applicable Environmental Law, which are solely the subject of Section 3.11 or (ii) Taxes, which are solely the subject of Section 4.11.
