Common use of Preferential Rights and Consents to Assign Clause in Contracts

Preferential Rights and Consents to Assign. (a) All consents to assign relating to the Assets (“Consents”) and preferential rights to purchase (“Preferential Rights”) are listed on Schedule 6.4. The remedies set forth in this Section 6.4 are the exclusive remedies under this Agreement related to the Consents and Preferential Rights. (b) From and after the Execution Date up to Closing, SM Energy shall use its commercially reasonable efforts (with the cooperation of Buyer) to obtain all Consents and waivers of all Preferential Rights (excluding any Customary Post-Closing Consents); provided, however, that neither Party shall be required to incur any Liability or pay any money in order to obtain such Consents or waivers.

Preferential Rights and Consents to Assign. (a) All consents to assign relating to the Assets (“Consents”) Consents and preferential rights to purchase (“Preferential Rights”) Rights are listed on Schedule 6.4‎6.4. The Except for Buyer’s remedy for breach of SM Energy’s representations contained in Section ‎3.29, the remedies set forth in this Section 6.4 ‎6.4 are the exclusive remedies under this Agreement related to the Consents and Preferential Rights. (b) From and after the Execution Date up to Closing, SM Energy and Buyer shall use its their commercially reasonable efforts (with the cooperation of Buyer) to obtain all Consents and waivers of all Preferential Rights (excluding any Customary Post-Closing Consents); provided, however, that neither Party shall be required to incur any Liability or pay any money in order to obtain such Consents or and waivers.

Preferential Rights and Consents to Assign. (a) All SM Energy represents and warrants that all consents to assign relating to the Assets (“Consents”) and preferential rights to purchase (“Preferential Rights”) are listed on Schedule 6.4. The remedies set forth in this Section 6.4 are the exclusive remedies under this Agreement related to the Consents and Preferential Rights. (b) From and after the Execution Date up to Closing, SM Energy and Buyer shall use its commercially their reasonable efforts (with the cooperation of Buyer) to obtain all Consents and waivers of all Preferential Rights (excluding any Customary Post-Closing Consents); provided, however, that neither Party shall be required to incur any Liability or pay any money in order to obtain such Consents or waivers.