Common use of Production Burdens, Taxes, Expenses and Revenues Clause in Contracts

Production Burdens, Taxes, Expenses and Revenues. All rentals, royalties, shut-in royalties and other similar payments due under or with respect to the Oil and Gas Properties have been properly and timely paid except for (i) such rentals, shut-in royalties and other similar payments which are being contested in good faith by appropriate proceedings and for which reserves shall have been made therefor and (ii) such rentals, shut-in royalties and other similar payments the nonpayment of which could not reasonably be expected to result in a reduction in the present value, using a ten percent (10%) discount rate, of Mortgagor’s proved reserves in an amount equal to or greater than $2,000,000. To the extent required by Section 5.04 of the Credit Agreement, all taxes have been properly and timely paid. All expenses payable under the terms of the Contracts have been properly and timely paid except for such expenses being contested in good faith by appropriate proceedings, and for which reserves shall have been made therefore and except for such expenses as are being currently paid prior to delinquency in the ordinary course of business. Except for Mortgagor’s interests in certain Oil and Gas Properties, which Mortgagor represents do not constitute a material portion (with 2% being deemed material) of the value of the Collateral and all other Properties of Mortgagor securing the Obligations, all of the proceeds from the sale of Hydrocarbons produced from the Realty Collateral are being properly and timely paid to Mortgagor by the purchasers or other remitters of production proceeds without suspense. [Mortgagor’s ownership of the Hydrocarbons and the undivided interests therein as specified on attached Exhibit A (i) will, after giving full effect to all Liens permitted hereby and after giving full effect to the agreements or instruments set forth on Exhibit A and any other instruments or agreements affecting Mortgagor’s ownership of the Hydrocarbons, afford Mortgagor not less than those net interests (expressed as a fraction, percentage or decimal) in the production from or which is allocated to such Hydrocarbons specified as net revenue interest on Exhibit A hereto and (ii) will cause Mortgagor to bear not more than that portion (expressed as a fraction, percentage or decimal), specified as working interest on Exhibit A hereto, of the costs of drilling, developing and operating the wxxxx identified on Exhibit A.]5 5 Delete for MERI mortgage Exhibit D — Form of Mortgage

Appears in 2 contracts

Samples: Credit Agreement (Mariner Energy Inc), Credit Agreement (Mariner Energy Resources, Inc.)

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Production Burdens, Taxes, Expenses and Revenues. All rentals, royalties, overriding royalties, shut-in royalties and other similar payments due under or with respect to the Oil and Gas Properties have been properly and timely paid, except for payments held in suspense in the ordinary course of business or remitted to state agencies responsible for handling unclaimed property. All taxes have been properly and timely paid except for (i) to the extent such rentals, shut-in royalties and other similar payments which taxes are being contested in good faith by appropriate proceedings and for which reserves shall in accordance with GAAP have been made therefor and (ii) such rentals, shut-in royalties and other similar payments the nonpayment of which could not reasonably be expected to result in a reduction as reflected in the present value, using a ten percent (10%) discount rate, of Mortgagor’s proved reserves in an amount equal to or greater than $2,000,000. To the extent required by Section 5.04 of the Credit Agreement, all taxes have been properly and timely paidFinancial Statements. All expenses payable under the terms of the Contracts have been properly and timely paid except for such expenses being contested in good faith by appropriate proceedings, and for which reserves shall have been made therefore and except for such expenses as are being currently paid prior to delinquency in the ordinary course of business. Except for Mortgagor’s interests in certain Oil and Gas Properties, which Mortgagor represents do not constitute a material portion (with 2% or more being deemed material) of the value of the Collateral and all other Properties of Mortgagor securing the Obligations, all of the proceeds from the sale of Hydrocarbons produced from the Realty Collateral are being properly and timely paid to Mortgagor by the purchasers or other remitters of production proceeds without suspense. [Mortgagor’s ownership of the Hydrocarbons and the undivided interests therein as specified on attached Exhibit A (i) will, after giving full effect to all Liens permitted hereby and after giving full effect to the agreements or instruments set forth on Exhibit A and any other instruments or agreements affecting Mortgagor’s ownership of the Hydrocarbons, afford Mortgagor not less than those net interests (expressed as a fraction, percentage or decimal) in the production from or which is allocated to such Hydrocarbons specified as net revenue interest on attached Exhibit A hereto and (ii) will cause Mortgagor to bear not more than that portion (expressed as a fraction, percentage or decimal), specified as working interest on attached Exhibit A heretoA, of the costs of drilling, developing and operating the wxxxx xxxxx identified on Exhibit A.]5 5 Delete for MERI mortgage Exhibit D — Form of MortgageA.

Appears in 2 contracts

Samples: Subordinated Credit Agreement (Cano Petroleum, Inc), Security Agreement (Cano Petroleum, Inc)

Production Burdens, Taxes, Expenses and Revenues. All rentals, royalties, overriding royalties, shut-in royalties and other similar payments due under or with respect to the Oil and Gas Properties have been properly and timely paid, except for payments held in suspense in the ordinary course of business or remitted to state agencies responsible for handling unclaimed property. All taxes have been properly and timely paid except for (i) to the extent such rentals, shut-in royalties and other similar payments which taxes are being contested in good faith by appropriate proceedings and for which reserves shall in accordance with GAAP have been made therefor and (ii) such rentals, shut-in royalties and other similar payments the nonpayment of which could not reasonably be expected to result in a reduction as reflected in the present value, using a ten percent (10%) discount rate, of Mortgagor’s proved reserves in an amount equal to or greater than $2,000,000. To the extent required by Section 5.04 of the Credit Agreement, all taxes have been properly and timely paidFinancial Statements. All expenses payable under the terms of the Contracts have been properly and timely paid except for such expenses being contested in good faith by appropriate proceedings, and for which reserves shall have been made therefore and except for such expenses as are being currently paid prior to delinquency in the ordinary course of business. Except for Mortgagor’s interests in certain Oil and Gas Properties, which Mortgagor represents do not constitute a material portion (with 2% being deemed material) of the value of the Collateral and all other Properties of Mortgagor securing the Obligations, all of the proceeds from the sale of Hydrocarbons produced from the Realty Collateral are being properly and timely paid to Mortgagor by the purchasers or other remitters of production proceeds without suspense. [Mortgagor’s ownership of the Hydrocarbons and the undivided interests therein as specified on attached Exhibit A (i) will, after giving full effect to all Liens permitted hereby and after giving full effect to the agreements or instruments set forth on Exhibit A and any other instruments or agreements affecting Mortgagor’s ownership of the Hydrocarbons, afford Mortgagor not less than those net interests (expressed as a fraction, percentage or decimal) in the production from or which is allocated to such Hydrocarbons specified as net revenue interest on attached Exhibit A hereto and (ii) will cause Mortgagor to bear not more than that portion (expressed as a fraction, percentage or decimal), specified as working interest on attached Exhibit A heretoA, of the costs of drilling, developing and operating the wxxxx xxxxx identified on Exhibit A.]5 5 Delete for MERI mortgage Exhibit D — Form of MortgageA.

Appears in 2 contracts

Samples: Pledge Agreement (Cano Petroleum, Inc), Credit Agreement (Cano Petroleum, Inc)

Production Burdens, Taxes, Expenses and Revenues. All rentals, royalties, overriding royalties, shut-in royalties and other similar payments due under or with respect to the Oil and Gas Properties have been properly and timely paid (except for (i) such rentals, shut-in royalties and other similar payments which are where the amount thereof is being contested in good faith by appropriate proceedings and for which reserves shall have been made therefor and (ii) such rentals, shut-in royalties and other similar payments the nonpayment of which could not reasonably be expected to result in a reduction in the present value, using a ten percent (10%) discount rate, of Mortgagor’s proved reserves in an amount equal to or greater than $2,000,000proceedings). To the extent required by Section 5.04 of the Credit Agreement, all All taxes have been properly and timely paidpaid except to the extent such taxes are being contested in good faith and for which reserves in accordance with GAAP have been made as reflected in the Financial Statements. All expenses payable under the terms of the Contracts have been properly and timely paid except for such expenses being contested in good faith by appropriate proceedings, and for which reserves shall have been made therefore therefor and except for such expenses as are being currently paid prior to delinquency in the ordinary course of business. Except for Mortgagor’s 's interests in certain Oil and Gas Properties, which Mortgagor represents do not constitute a material portion (with 2% or more being deemed material) of the value of the Collateral and all other Properties of Mortgagor securing the Obligations, all of the proceeds from the sale of Hydrocarbons produced from the Realty Collateral are being properly and timely paid to Mortgagor by the purchasers or other remitters of production proceeds without suspense. [Mortgagor’s 's ownership of the Hydrocarbons and the undivided interests therein as specified on attached Exhibit A (i) will, after giving full effect to all Liens permitted hereby (including Permitted Liens) and after giving full effect to the agreements or instruments set forth on attached Exhibit A and any other instruments or agreements affecting Mortgagor’s 's ownership of the such Hydrocarbons, afford Mortgagor not less than those net interests (expressed as a fraction, percentage or decimal) in the production from or which is allocated to such Hydrocarbons specified as net revenue interest on attached Exhibit A hereto and (ii) will cause Mortgagor to bear not more than that portion (expressed as a fraction, percentage or decimal), specified as working interest on attached Exhibit A heretoA, of the costs of drilling, developing and operating the wxxxx xxxxx identified on Exhibit A.]5 5 Delete for MERI mortgage Exhibit D — A. Form of MortgageDeed of Trust (Texas) (Isramco Onshore, LLC – 2015)

Appears in 1 contract

Samples: Credit Agreement (Isramco Inc)

Production Burdens, Taxes, Expenses and Revenues. All rentals, royalties, overriding royalties, shut-in royalties and other similar payments due under or with respect to the Oil and Gas Properties have been properly and timely paid (except for (i) such rentals, shut-in royalties and other similar payments which are where the amount thereof is being contested in good faith by appropriate proceedings and for which reserves shall have been made therefor and (ii) such rentals, shut-in royalties and other similar payments the nonpayment of which could not reasonably be expected to result in a reduction in the present value, using a ten percent (10%) discount rate, of Mortgagor’s proved reserves in an amount equal to or greater than $2,000,000. To the extent required by Section 5.04 of the Credit Agreement, all taxes have been properly and timely paidproceedings). All expenses payable under the terms of the Contracts have been properly and timely paid except for such expenses being contested in good faith by appropriate proceedings, and for which reserves shall have been made therefore therefor and except for such expenses as are being currently paid prior to delinquency in the ordinary course of business. Except for Mortgagor’s 's interests in certain Oil and Gas Properties, which Mortgagor represents do not constitute a material portion (with 2% or more being deemed material) of the value of the Collateral and all other Properties of Mortgagor securing the Obligations, all of the proceeds from the sale of Hydrocarbons produced from the Realty Collateral are being properly and timely paid to Mortgagor by the purchasers or other remitters of production proceeds without suspense. [Mortgagor’s 's ownership of the Hydrocarbons and the undivided interests therein as specified on attached Exhibit A (i) will, after giving full effect to all Liens permitted hereby (including Permitted Liens) and after giving full effect to the agreements or instruments set forth on attached Exhibit A and any other instruments or agreements affecting Mortgagor’s 's ownership of the such Hydrocarbons, afford Mortgagor not less than those net interests (expressed as a fraction, percentage or decimal) in the production from or which is allocated to such Hydrocarbons specified as net revenue interest on attached Exhibit A hereto and (ii) will cause Mortgagor to bear not more than that portion (expressed as a fraction, percentage or decimal), specified as working interest on attached Exhibit A heretoA, of the costs of drilling, developing and operating the wxxxx xxxxx identified on Exhibit A.]5 5 Delete for MERI mortgage Exhibit D — A. Form of MortgageMortgage (Oklahoma) (Isramco Onshore, LLC – 2015)

Appears in 1 contract

Samples: Credit Agreement (Isramco Inc)

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Production Burdens, Taxes, Expenses and Revenues. All rentals, royalties, overriding royalties, shut-in royalties and other similar payments due under or with respect to the Oil and Gas Properties have been properly and timely paid (except for (i) such rentals, shut-in royalties and other similar payments which are where the amount thereof is being contested in good faith by appropriate proceedings and for which reserves shall have been made therefor and (ii) such rentals, shut-in royalties and other similar payments the nonpayment of which could not reasonably be expected to result in a reduction in the present value, using a ten percent (10%) discount rate, of Mortgagor’s proved reserves in an amount equal to or greater than $2,000,000. To the extent required by Section 5.04 of the Credit Agreement, all taxes have been properly and timely paidproceedings). All expenses payable under the terms of the Contracts have been properly and timely paid except for such expenses being contested in good faith by appropriate proceedings, and for which reserves shall have been made therefore therefor and except for such expenses as are being currently paid prior to delinquency in the ordinary course of business. Except for Mortgagor’s 's interests in certain Oil and Gas Properties, which Mortgagor represents do not constitute a material portion (with 2% or more being deemed material) of the value of the Collateral and all other Properties of Mortgagor securing the Obligations, all of the proceeds from the sale of Hydrocarbons produced from the Realty Collateral are being properly and timely paid to Mortgagor by the purchasers or other remitters of production proceeds without suspense. [Mortgagor’s 's ownership of the Hydrocarbons and the undivided interests therein as specified on attached Exhibit A (i) will, after giving full effect to all Liens permitted hereby (including Permitted Liens) and after giving full effect to the agreements or instruments set forth on attached Exhibit A and any other instruments or agreements affecting Mortgagor’s 's ownership of the such Hydrocarbons, afford Mortgagor not less than those net interests (expressed as a fraction, percentage or decimal) in the production from or which is allocated to such Hydrocarbons specified as net revenue interest on attached Exhibit A hereto and (ii) will cause Mortgagor to bear not more than that portion (expressed as a fraction, percentage or decimal), specified as working interest on attached Exhibit A heretoA, of the costs of drilling, developing and operating the wxxxx xxxxx identified on Exhibit A.]5 5 Delete for MERI mortgage Exhibit D — A. Form of MortgageMortgage (New Mexico) (Isramco Onshore, LLC – 2015)

Appears in 1 contract

Samples: Credit Agreement (Isramco Inc)

Production Burdens, Taxes, Expenses and Revenues. All rentals, royalties, overriding royalties, shut-in royalties and other similar payments due under or with respect to the Oil and Gas Properties have been properly and timely paid (except for (i) such rentals, shut-in royalties and other similar payments which are where the amount thereof is being contested in good faith by appropriate proceedings and for which reserves shall have been made therefor and (ii) such rentals, shut-in royalties and other similar payments the nonpayment of which could not reasonably be expected to result in a reduction in the present value, using a ten percent (10%) discount rate, of Mortgagor’s proved reserves in an amount equal to or greater than $2,000,000. To the extent required by Section 5.04 of the Credit Agreement, all taxes have been properly and timely paidproceedings). All expenses payable under the terms of the Contracts have been properly and timely paid except for such expenses being contested in good faith by appropriate proceedings, and for which reserves shall have been made therefore therefor and except for such expenses as are being currently paid prior to delinquency in the ordinary course of business. Except for the Mortgagor’s 's interests in certain Oil and Gas Properties, which the Mortgagor represents do not constitute a material portion (with 2% or more being deemed material) of the value of the Collateral and all other Properties of the Mortgagor securing the Obligations, all of the proceeds from the sale of Hydrocarbons produced from the Realty Collateral are being properly and timely paid to the Mortgagor by the purchasers or other remitters of production proceeds without suspense. [The Mortgagor’s 's ownership of the Hydrocarbons and the undivided interests therein as specified on attached Exhibit A (i) will, after giving full effect to all Liens permitted hereby (including Permitted Liens) and after giving full effect to the agreements or instruments set forth on attached Exhibit A and any other instruments or agreements affecting the Mortgagor’s 's ownership of the such Hydrocarbons, afford the Mortgagor not less than those net interests (expressed as a fraction, percentage or decimal) in the production from or which is allocated to such Hydrocarbons specified as net revenue interest on attached Exhibit A hereto and (ii) will cause the Mortgagor to bear not more than that portion (expressed as a fraction, percentage or decimal), specified as working interest on attached Exhibit A heretoA, of the costs of drilling, developing and operating the wxxxx xxxxx identified on Exhibit A.]5 5 Delete for MERI mortgage Exhibit D — A. Form of MortgageMortgage (Wyoming) (Isramco Onshore, LLC – 2015)

Appears in 1 contract

Samples: Credit Agreement (Isramco Inc)

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