Common use of Property to be Sold and Purchased Clause in Contracts

Property to be Sold and Purchased. Seller agrees to sell, and Buyer agrees to purchase, for the consideration herein set forth, and subject to the terms and provisions herein contained, the following described Properties, rights, and interests: (a) All rights, titles, and interests of Seller in and to: 1) the oil, gas, and mineral leases described in Exhibit A hereto; and 2) the xxxxx described in Exhibit B hereto; (b) All rights, titles, and interests of Seller in and to, or otherwise derived from, all presently existing and valid oil, gas, and mineral unitization, pooling, and communitization agreements, declarations, and orders (including, without limitation, all units formed under orders, rules, regulations, or other official acts of any federal, state, or other authority having jurisdiction, and voluntary unitization agreements, designations, and declarations) relating to the properties described in subsection 1. (a) to the extent such rights, titles, and interests are attributable to the properties described in subsection 1.(a); (c) All rights, titles, and interests of Seller in and to all presently existing and valid production sales contracts, operating agreements, and other agreements and contracts that relate to any of the properties described in subsections 1.a. and 1.b., to the extent such rights, titles, and interests are assignable and attributable to the properties described in subsections 1.(a) and 1.(b); (d) All rights, titles, and interests of Seller in and to all rights-of-way, easements, surface leases, permits, and licenses appurtenant to the properties described in subsections 1. (a) and 1.(b); and (e) All rights, titles, and interests of Seller in and to all materials, supplies, machinery, equipment, improvements, and other personal property and fixtures (including, but not limited to, wellhead equipment, pumping units, flowlines, tanks, buildings, injection facilities, saltwater disposal facilities, compression facilities, gathering systems, and other equipment) located on the properties described in subsections 1.(a) and 1.(b) and used in connection with the exploration, development, operation, or maintenance thereof.

Property to be Sold and Purchased. Seller agrees to sell, sell and Buyer agrees to purchase, for the consideration herein hereinafter set forth, and subject to the terms and provisions herein contained, the following described Propertiesproperties, rights, rights and interests: (a) All rights, titles, and interests of Seller in and to: 1) the oil, gas, and mineral leases The properties described in Exhibit A hereto; attached hereto and 2) the xxxxx described in Exhibit B heretomade a part hereof for all purposes; (b) Without limitation of the foregoing, all other right, title and interest (of whatever kind or character, whether legal, beneficial or equitable, and whether vested or contingent) of Seller in and to the oil, gas and other minerals in and under or that may be produced from the lands, leases, and xxxxx described in Exhibit A (including interests in oil, gas and/or mineral leases covering such lands and xxxxx, overriding royalties, production payments and net profits interests in such lands, such leases and xxxxx, and fee mineral interests, fee royalty interests and other interests in such oil, gas and other minerals) whether such lands be described in a description set forth in such Exhibit A, or be described in such Exhibit A by reference to another instrument (and without limitation by any depth limitations that may be set forth in such Exhibit A or in any such instrument so referred to for description), even though Seller’s interest in such oil, gas and other minerals may be incorrectly described in, or omitted from, such Exhibit A; (c) All rights, titles, titles and interests of Seller in and to, or otherwise derived from, all presently existing and valid oil, gas, and gas and/or mineral unitization, pooling, and and/or communitization agreements, declarations, declarations and/or orders including those set forth on Exhibit A and orders in and to the properties covered and the units created thereby (including, without limitation, including all units formed under orders, rules, regulations, or other official acts of any federal, state, or other authority having jurisdiction, and voluntary unitization agreements, designations, and designations and/or declarations) relating to the properties described in subsection 1. paragraphs (a) to the extent such rights, titles, and interests are attributable to the properties described in subsection 1.(a)(b) above; (cd) All rights, titles, titles and interests of Seller in and to all presently existing and valid production sales (and sales related) contracts, operating agreements, and other agreements and contracts that which are set forth on Exhibit A and which relate to any of the properties described in subsections 1.a. paragraphs (a), (b) and 1.b.(c) above, or which relate to the extent such rightsexploration, titlesdevelopment, and interests are assignable and attributable to operation, or maintenance thereof or the properties described in subsections 1.(a) and 1.(btreatment, storage, transportation or marketing of production therefrom (or allocated thereto); (d) All rights, titles, and interests of Seller in and to all rights-of-way, easements, surface leases, permits, and licenses appurtenant to the properties described in subsections 1. (a) and 1.(b); and (e) All rights, titles, titles and interests of Seller in and to all materials, supplies, machinery, equipment, improvements, improvements and other personal property and fixtures (including, including but not limited toby way of limitation, all xxxxx, wellhead equipment, pumping units, flowlines, tanks, buildings, injection facilities, saltwater disposal facilities, compression facilities, gathering systems, and other equipment) located on the properties described in subsections 1.(a) ), and 1.(b) all easements, rights-of-way, surface leases and other surface rights, all permits and licenses, and all other appurtenances being used or held for use in connection with with, or otherwise related to, the exploration, development, operationoperation or maintenance of any of the properties described in paragraphs (a), (b) and (c) above, or maintenance thereofthe treatment, storage, transportation or marketing of production therefrom (or allocated thereto); and (f) All of Seller’s lease files, abstracts and title opinions, production records, reserve reports, well files, accounting records (including such access to records as may be necessary for Buyer to file financial statements and pro forma financial statements as described in Section 6.05 of this Agreement, general tax and general financial accounting records), seismic records and surveys, gravity maps, electric logs, and geological or geophysical data and records, which relate solely and exclusively to the properties described above. The properties and interests specified in the foregoing paragraphs (a), (b) and (c), except for the Excluded Properties, are herein sometimes collectively called the “Oil and Gas Properties,” and the properties and interests specified in the foregoing paragraphs (a), (b), (c), (d), (e) and (f), except for the Excluded Properties, are herein sometimes collectively called the “Properties”.

Property to be Sold and Purchased. Seller agrees to sell, sell and Buyer agrees to purchase, for the consideration herein hereinafter set forth, and subject to the terms and provisions herein contained, the following described Propertiesproperties, rights, rights and interests: (a) All rights, titles, and interests of Seller in and to: 1) the oil, gas, and mineral leases The properties described in Exhibit A hereto; attached hereto and 2) the xxxxx described in Exhibit B heretomade a part hereof for all purposes; (b) Without limitation of the foregoing, all other right, title and interest (of whatever kind or character, whether legal, beneficial or equitable, and whether vested or contingent) of Seller in and to the oil, gas and other minerals in and under or that may be produced from the lands, leases, and wxxxx described in Exhibit A (including interests in oil, gas and/or mineral leases covering such lands and wxxxx, overriding royalties, production payments and net profits interests in such lands, such leases and wxxxx, and fee mineral interests, fee royalty interests and other interests in such oil, gas and other minerals) whether such lands be described in a description set forth in such Exhibit A, or be described in such Exhibit A by reference to another instrument (and without limitation by any depth limitations that may be set forth in such Exhibit A or in any such instrument so referred to for description), even though Seller's interest in such oil, gas and other minerals may be incorrectly described in, or omitted from, such Exhibit A; (c) All rights, titles, titles and interests of Seller in and to, or otherwise derived from, all presently existing and valid oil, gas, and gas and/or mineral unitization, pooling, and and/or communitization agreements, declarations, declarations and/or orders including those set forth on Exhibit A and orders in and to the properties covered and the units created thereby (including, without limitation, including all units formed under orders, rules, regulations, or other official acts of any federal, state, or other authority having jurisdiction, and voluntary unitization agreements, designations, and designations and/or declarations) relating to the properties described in subsection 1. paragraphs (a) to the extent such rights, titles, and interests are attributable to the properties described in subsection 1.(a)(b) above; (cd) All rights, titles, titles and interests of Seller in and to all presently existing and valid production sales (and sales related) contracts, operating agreements, and other agreements and contracts that which are set forth on Exhibit A and which relate to any of the properties described in subsections 1.a. paragraphs (a), (b) and 1.b.(c) above, or which relate to the extent such rightsexploration, titlesdevelopment, and interests are assignable and attributable to operation, or maintenance thereof or the properties described in subsections 1.(a) and 1.(btreatment, storage, transportation or marketing of production therefrom (or allocated thereto); (d) All rights, titles, and interests of Seller in and to all rights-of-way, easements, surface leases, permits, and licenses appurtenant to the properties described in subsections 1. (a) and 1.(b); and (e) All rights, titles, titles and interests of Seller in and to all materials, supplies, machinery, equipment, improvements, improvements and other personal property and fixtures (including, including but not limited toby way of limitation, all wxxxx, wellhead equipment, pumping units, flowlines, tanks, buildings, injection facilities, saltwater disposal facilities, compression facilities, gathering systems, and other equipment) located on the properties described in subsections 1.(a) ), and 1.(b) all easements, rights-of-way, surface leases and other surface rights, all permits and licenses, and all other appurtenances being used or held for use in connection with with, or otherwise related to, the exploration, development, operationoperation or maintenance of any of the properties described in paragraphs (a), (b) and (c) above, or maintenance thereofthe treatment, storage, transportation or marketing of production therefrom (or allocated thereto); and (f) All of Seller's lease files, abstracts and title opinions, production records, well files, accounting records (but not including general tax and general financial accounting records), seismic records and surveys, gravity maps, electric logs, and geological or geophysical data and records, which relate solely and exclusively to the properties described above. The properties and interests specified in the foregoing paragraphs (a), (b) and (c), except for the Excluded Properties, are herein sometimes collectively called the "Oil and Gas Properties," and the properties and interests specified in the foregoing paragraphs (a), (b), (c), (d), (e) and (f), except for the Excluded Properties, are herein sometimes collectively called the "Properties".

Property to be Sold and Purchased. Seller agrees to sell, and Buyer agrees to purchase, for the consideration herein set forth, and subject to the terms and provisions herein contained, the following described Properties, rights, and interests: (a) All rights, titles, and interests of Seller in and to: 1) the oil, gas, and mineral leases described in Exhibit A hereto; and 2) the xxxxx described in Exhibit B hereto; (b) All rights, titles, and interests of Seller in and to, or otherwise derived from, all presently existing and valid oil, gas, and mineral unitization, pooling, and communitization agreements, declarations, and orders (including, without limitation, all units formed under orders, rules, regulations, or other official acts of any federal, state, or other authority having jurisdiction, and voluntary unitization agreements, designations, and declarations) relating to the properties described in subsection 1. (a) to the extent such rights, titles, and interests are attributable to the properties described in subsection 1.(a); (c) All rights, titles, and interests of Seller in and to all presently existing and valid production sales contracts, operating agreements, and other agreements and contracts that relate to any of the properties described in subsections 1.al.a. and 1.bl.b., to the extent such rights, titles, and interests are assignable and attributable to the properties described in subsections 1.(a) and 1.(b); (d) All rights, titles, and interests of Seller in and to all rights-of-way, easements, surface leases, permits, and licenses appurtenant to the properties described in subsections 1. (a) and 1.(b); and (e) All rights, titles, and interests of Seller in and to all materials, supplies, machinery, equipment, improvements, and other personal property and fixtures (including, but not limited to, wellhead equipment, pumping units, flowlines, tanks, buildings, injection facilities, saltwater disposal facilities, compression facilities, gathering systems, and other equipment) located on the properties described in subsections 1.(a) and 1.(b) and used in connection with the exploration, development, operation, or maintenance thereof.

Property to be Sold and Purchased. Seller agrees to sell, and --------------------------------- Buyer agrees to purchase, for the consideration herein hereinafter set forth, and subject to the terms and provisions herein containedconditions contained herein, the following described Propertiesproperties, rights, and interests: (a) All rightsof Seller's right, titlestitle, and interests of Seller interest in and to: 1) to the oil, gas, and mineral leases described in Exhibit A hereto; "A," which is attached hereto and 2) the xxxxx made a part hereof (and any ratifications and amendments to such leases, whether or not such ratifications and amendments are described in Exhibit B hereto;"A"), and all of Seller's right, title, and interest in and to the fee mineral interests described in Exhibit "A," if any; and (b) All rightsof Seller's right, titlestitle, and interests of Seller interest in and to, or otherwise derived from, all presently existing and valid oil, gas, and mineral unitization, pooling, and communitization agreements, declarations, and orders (including, without limitation, all units formed under orders, rules, regulations, or other official acts of any federal, state, or other governmental authority having jurisdiction, and voluntary unitization agreements, designations, and declarations) relating to the properties properties, rights, and interests described in subsection 1. (a) Section 1.(a), to the extent such rightsright, titlestitle, and interests interest are attributable to the properties properties, rights, and interests described in subsection Section 1.(a);; and (c) All rightsof Seller's right, titlestitle, and interests of Seller interest in and to all presently existing and valid production sales contracts, operating agreements, and other agreements and contracts that relate to any of the properties properties, rights, and interests described in subsections 1.a. Sections 1.(a) and 1.b.1.(b), to the extent such right, title, and interest are attributable to the properties, rights, titles, and interests are assignable and attributable to the properties described in subsections Sections 1.(a) and 1.(b); (d) All rights, titles, and interests of Seller in and to all rights-of-way, easements, surface leases, permits, and licenses appurtenant to the properties described in subsections 1. (a) and 1.(b); and (ed) All rightsof Seller's right, titlestitle, and interests of Seller interest in and to all materials, supplies, machinery, equipment, improvements, and other personal property and fixtures located on the properties described in Sections 1.(a) and 1.(b) and used in connection with the exploration, development, operation, or maintenance thereof (including, but not limited to, all xxxxx, wellhead equipment, pumping units, flowlines, tanks, buildings, injection facilities, saltwater disposal facilities, compression facilities, gathering systems, and other equipment) located on the properties ). The properties, rights, and interests described in subsections Sections 1.(a), 1.(b), 1.(c), and 1.(d) and 1.(b) and used in connection with shall hereinafter sometimes collectively be referred to as the exploration"Properties." The term "Properties" shall not include seismic data, developmentgeological or geophysical data, operationany interpretations thereof, or maintenance thereofother similar data.

Property to be Sold and Purchased. Seller agrees to sell, sell and Buyer agrees to purchase, for the consideration herein hereinafter set forth, and subject to the terms and provisions herein contained, the following described Propertiesproperties, rights, rights and interests: (ai) All rightsright, titles, title and interests interest of Seller in and to: 1) to the oil, gasgas and/or mineral leases, subleases, assignments and other instruments described on Exhibit A hereto (and any ratifications and/or amendments to such instruments, whether or not such ratifications or amendments are described on such Exhibit A) (collectively called the "Leases"); and Without limitation of the foregoing, all other right, title and interest (of whatever kind or character, whether legal or equitable, and mineral leases whether vested or contingent) of Seller in and to the oil, gas and other minerals in and under or that may be produced from the lands described on Exhibit A hereto or described in any of the Leases described on such Exhibit A hereto(including, without limitation, interests in oil, gas and/or mineral leases, overriding royalties, production payments, net profits interests, carried interests, fee mineral interests, fee royalty interests, rights of recoupment and any economic or contractual rights or any other interests insofar as they cover such lands), even though Seller's interest therein may be incorrectly described in, or omitted from, such Exhibit A (collectively called the "Interests"); and 2) the xxxxx described in Exhibit B hereto; (b) All rights, titles, titles and interests of Seller in and to, or otherwise derived from, all presently existing and valid oil, gas, and gas and/or mineral unitization, pooling, and and/or communitization agreements, declarations, and declarations and/or orders (including, without limitation, all units formed under orders, rules, regulations, or other official acts of any federal, state, or other authority having jurisdiction, and voluntary unitization agreements, designations, and designations and/or declarations) relating to the properties described in subsection 1. (a) to the extent such rightsLeases or Interests, titlesincluding, and interests are attributable to the properties described in subsection 1.(a); (c) All rightswithout limitation, titlesthose units, and interests of Seller in and to all presently existing and valid production sales contracts, operating pooling and/or communitization agreements, and other agreements and contracts that relate to any of declarations and/or orders described on Exhibit 1(a)(iii) (collectively called the properties described in subsections 1.a. and 1.b., to the extent such rights, titles, and interests are assignable and attributable to the properties described in subsections 1.(a) and 1.(b); (d) All rights, titles, and interests of Seller in and to all rights-of-way, easements, surface leases, permits, and licenses appurtenant to the properties described in subsections 1. (a) and 1.(b"Units"); and (e) All rights, titles, and interests of Seller in and to all materials, supplies, machinery, equipment, improvements, and other personal property and fixtures (including, but not limited to, wellhead equipment, pumping units, flowlines, tanks, buildings, injection facilities, saltwater disposal facilities, compression facilities, gathering systems, and other equipment) located on the properties described in subsections 1.(a) and 1.(b) and used in connection with the exploration, development, operation, or maintenance thereof.

Property to be Sold and Purchased. Seller agrees to sell, and Buyer agrees to purchase, for the consideration herein hereinafter set forth, pursuant to a special warranty of title by, through and under Seller as limited in Section 14, but not otherwise, and subject to the terms and provisions herein contained, the following described Propertiesproperties, rights, and interests: (a) All rights, titles, titles and interests of Seller in and to: 1) to the oil, gas, gas and mineral leases described in Exhibit A hereto; hereto (and 2) the xxxxx any ratifications and amendments to such leases, whether or not such ratifications and amendments are described in Exhibit B hereto;A) and all of Seller's right, title, and interest in and to the fee mineral interests described in Exhibit A, if any; and (b) All rights, titles, and interests of Seller in and to, or otherwise derived from, all presently existing and valid oil, gas, gas and mineral unitization, pooling, and communitization agreements, declarations, and orders (including, without limitation, all units formed under orders, rules, regulations, or other official acts of any federal, state, or other authority having jurisdiction, and voluntary unitization agreements, designations, designations and declarations) relating to the properties described in subsection 1. (a1(a) to the extent such rights, titles, and interests are attributable to the properties described in subsection 1.(a1(a);; and (c) All rights, titles, and interests of Seller in and to all presently existing and valid production sales contracts, operating agreements, and other agreements and contracts that relate to any of the properties described in subsections 1.a. 1(a) and 1.b.1(b), to the extent such rights, titles, and interests are assignable and attributable to the properties described in subsections 1.(a1(a) and 1.(b1(b);; and (d) All rightscrude oil, titlesnatural gas, casinghead gas, drip gasoline, natural gasoline, petroleum, natural gas liquids, condensate, products, liquids and interests other hydrocarbons and other minerals or materials of Seller every kind and description, including without limitation, "line fill" and inventory below the pipeline connection in and to all rights-of-waytanks, easements, surface leases, permits, and licenses appurtenant insofar as such hydrocarbons may be produced from or are attributable to the properties described in subsections 1. (aSections 1(a) and 1.(b); and1(b) after the Effective Date, as hereinafter defined. (e) All rights, titles, and interests of Seller in and to all materials, supplies, machinery, equipment, improvements, and other personal property and fixtures (including, but not limited to, wellhead equipmentall wells, wellhead, equxxxxxt, pumping units, flowlines, tanks, buildings, injection facilities, saltwater disposal facilities, compression facilities, gathering systems, and other equipment) located on the properties described in subsections 1.(a1(a) and 1.(b1(b) and used in connection with the exploration, development, operation, or maintenance thereof.

Property to be Sold and Purchased. Seller agrees to sell, sell and Buyer agrees to purchase, for the consideration herein set forth, and subject to the terms and provisions herein contained, the following described Propertiesproperties, rights, rights and interests: (a) All rightsright, titles, title and interests interest of Seller in and to: 1) to the oil, gasgas and/or mineral leases, the xxxxx, the production facility platform, and related pipelines and associated rights of way, and that certain abandonment escrow account, that are described on Exhibit A hereto (such oil, gas and/or mineral leases described in the Exhibit A heretohereto are hereinafter collectively referred to as the “Leases”, and such xxxxx identified on the Exhibit A hereto are hereinafter referred to as the “Xxxxx”); and 2) the xxxxx described in Exhibit B hereto;and (b) All rights, titles, titles and interests of Seller in and to, or otherwise derived from, all presently existing and valid oil, gas, and gas and/or mineral unitization, pooling, and and/or communitization agreements, declarations, and declarations and/or orders (including, without limitation, all units formed under orders, rules, regulations, or other official acts of any federal, state, or other authority having jurisdiction, and voluntary unitization agreements, designations, and designations and/or declarations) relating to the properties described in subsection 1. (a) above, to the extent and only to the extent such rights, titles, titles and interests are attributable to the properties described in subsection 1.(a);(a) above; and (c) All rights, titles, titles and interests of Seller in and to all presently existing and valid production sales contracts, operating agreements, exploration agreements, farm-out and farm-in agreements, right of way easements, surface use agreements, seismic data agreements (to the extent transferable and subject to the limitations set forth below), copies of all lease files, land files, well files, environmental records, production records, division order files, abstracts, title opinions, and contract files, and other agreements and contracts that (including but not limited to AMI agreements, if any) which relate to any of the properties described in subsections 1.a. (a) and 1.b.(b) above, to the extent and only to the extent such rights, titles, titles and interests are assignable and attributable to the properties described in subsections 1.(a(a) and 1.(b);(b) above; and (d) All rights, titles, titles and interests of Seller in and to all rights-of-way, easements, surface leases, permits, and licenses appurtenant to the properties described in subsections 1. (a) and 1.(b); and (e) All rights, titles, and interests of Seller in and to all materials, supplies, machinery, equipment, improvements, and other personal property and fixtures (including, but not limited toxxxxx, wellhead equipment, pumping unitsproduction facilities, flowlines, tanks, buildings, injection facilities, saltwater disposal facilities, compression facilities, gathering systems, and other equipment) equipment located on the properties described in subsections 1.(a(a) and 1.(b(b) above and used currently in use in connection with the explorationoperation of such properties, developmentto the extent and only to the extent such rights, operationtitles and interests are attributable to the properties described in subsections (a) and (b) above; and (e) certain office furniture and office equipment, automobiles, assignable service agreements, warranty agreements and other agreements associated with the furniture and equipment, as described on Exhibit B, and any logo, service xxxx, copyright, trade name or maintenance thereoftrademark of or associated with the name Petrohawk Energy or Petrohawk. The properties, rights and interests specified in the foregoing subsections (a) and (b) are herein sometimes collectively called the “Oil and Gas Properties”, and the properties, rights and interests specified in the foregoing subsections (a) through (e), inclusive, but exclusive of the properties, rights and interests excluded below, are herein sometimes collectively called the “Properties”. The Properties do not include, and there is hereby expressly excepted and excluded therefrom and reserved to Seller the Excluded Properties described below.