Reassignment Obligation. (a) If BG becomes a Defaulting Party with respect to any Carried Costs, (a “Carried Cost Default”), then in addition to a Default Notice with respect thereto, EXCO will give notice of such Carried Cost Default (a “Carried Cost Default Notice”) to BG. If BG fails to pay such owed and undisputed Carried Costs within fifteen (15) days of BG’s receipt of a Carried Cost Default Notice, then EXCO (at the option of EXCO exercisable at any time prior to the cure of such Carried Cost Default, which option shall be exercised by notice to BG) may require BG to reassign to EXCO, effective as of the date of BG’s failure to pay such Carried Costs when due, with special warranty of title against, and free and clear of, all claims by, through or under BG or its Affiliates, but not otherwise, an undivided one-half ( 1/2 ) of the Unpaid Carried Costs Percentage as of such time of all of BG’s and its Affiliates’ interests in the Deep Rights assigned by EXCO to BG pursuant to the Purchase Agreement and related Subject Oil and Gas Assets, including xxxxx (including all xxxxx drilled on such Deep Rights in which BG and/or its Affiliates have participated). For the avoidance of doubt, no Deep Rights acquired by BG pursuant to Article 9 shall be subject to the reassignment obligation. If EXCO elects to exercise its reassignment rights pursuant to this Section 5.5, BG shall be deemed to no longer be in default of its obligations to pay Carried Costs in accordance with the terms of Sections 2.1 and 2.2 of this Agreement, and such obligation to pay Carried Costs shall be deemed to be fully satisfied and this Agreement shall terminate. EXCO shall be entitled to exercise any and all rights and remedies that may be available to EXCO to enforce its rights under this Section 5.5, whether set forth in this Agreement, the Applicable Operating Agreement, at Law, in equity (including specific performance of this Agreement) or otherwise.
Reassignment Obligation. If Mitsui and/or Mitsui Parent, as applicable, fails to fund any Carried Costs generally identified in a Default Notice within 30 days of Xxxxxx’s receipt of that Default Notice, then SM (at any time prior to the cure of such Carried Cost Default and no earlier than 15 days after delivery of notice (which shall be separate and apart from the Default Notice and the Reassignment Notice) to Mitsui and Mitsui Parent during the Default Period that SM intends to exercise its rights under this Section 6.4) may, by delivering a notice to Mitsui (a “Reassignment Notice”), require Mitsui to reassign to SM, with special warranty of title against, and free and clear of all claims by, through or under Mitsui or its Affiliates, but not otherwise, an undivided percentage share of Mitsui’s and its Affiliates’ interests in the Conveyed Interests having a Cash Value equal to (a) the Carried Costs Balance on the date of such reassignment, plus (b) the interest portion of the Total Amount in Default through the date of such reassignment. SM shall include a statement of its good faith estimate of the undivided percentage of the Conveyed Interests having such a Cash Value in its Reassignment Notice. Mitsui shall have the right to dispute the proposed Cash Value by responsive notice within 30 days of the Reassignment Notice, if Mitsui acting in good faith believes that such proposed Cash Value is incorrect, in which case the procedures set forth in Section 2.2(g) of the Transfer Provisions shall be applied, mutatis mutandis, to resolve the Dispute. For the avoidance of doubt, Xxxxxx will not be required under this Section 6.4 to assign to SM any Acquired Interests acquired by Mitsui under Article II of the Transfer Provisions. If SM elects to exercise its reassignment rights pursuant to this Section 6.4, then following such reassignment:
Reassignment Obligation. (a) If BG becomes a Defaulting Party with respect to any Carried Costs, (a “Carried Cost Default”), then in addition to a Default Notice with respect thereto, EXCO will give notice of such Carried Cost Default (a “Carried Cost Default Notice”) to BG. If BG fails to pay such owed and undisputed Carried Costs within fifteen
Reassignment Obligation. If TETON receives an assignment under this Agreement or acquires a lease subject to this Agreement and thereafter elects to surrender, let expire, abandon or release said lease, TETON will notify the remaining Parties not less than sixty (60) days in advance of such surrender, expiration, abandonment or release. At the request of some or all of the remaining Parties, which request must be made within thirty (30) days of receipt of such notice, TETON will then immediately assign those rights to the requesting Parties and, upon receipt of that assignment, the requesting Parties will pay (if applicable) TETON the reasonable salvage value of any material or equipment received, less the estimated costs of reclamation and surface restoration. Any wxxxx affected by such assignment and not taken over by some or all of the remaining Parties will be plugged and abandoned, according to state and federal regulations, at the owning Parties’ sole cost, risk and expense.
Reassignment Obligation. If AOGI receives an assignment under this Agreement or acquires a lease subject to this Agreement and thereafter elects to surrender, let expire, abandon or release said lease, AOGI will notify the remaining Parties not less than 60 days in advance of such surrender, expiration, abandonment or release. At the request of some or all of the remaining Parties, which request must be made within 30 days of receipt of such notice, AOGI will then immediately assign those rights to the requesting Parties and, upon receipt of that assignment, the requesting Parties will pay the relinquishing Party the reasonable salvage value of any material or equipment received, less the estimated costs of reclamation and surface restoration. Any wxxxx affected by such assignment and not taken over by some or all of the remaining Parties will be plugged and abandoned, according to state and federal regulations, at the owning Parties’ sole cost, risk and expense. In no event shall AOGI have any liability or responsibility whatsoever to any other Party if AOGI inadvertently fails to timely notify the remaining Parties in advance of a surrender, expiration, abandonment or release of a lease.
Reassignment Obligation. If TETON receives an assignment under this Agreement and thereafter elects to surrender, let expire, abandon or release said lease, TETON will notify Kirkwood not less than sixty (60) days in advance of such surrender, expiration, abandonment or release. At the request of Kirkwood, which request must be made within thirty (30) days of receipt of such notice, TETON will then immediately assign those rights to Kirkwood and, upon receipt of that assignment, Kirkwood will pay (if applicable) TETON the reasonable salvage value of any material or equipment received, less the estimated costs of reclamation and surface restoration. Any wxxxx not taken over by Kirkwood will be plugged and abandoned, according to state and federal regulations, at the owning Parties’ sole cost, risk and expense.
Reassignment Obligation. Buyer shalx xxxxxign to Seller, for no consideration, the undrilled portions of the Hanavan Lease if Buyer has not drilled and completed xxx xxxls as producing wells (or drilled and plugged and xxxxxoned such wellx); xne such well in the NW/4SW/4 of Section 21, X00X, R44W, and one such well in the SE/4NW/4 of Section 21, T13S, R44W, such wells to be drilled by Buyer on or before June 1, 2000. Xxr the purposes of this Reassignment Obligation, the undrilled portions of the Hanavan Lease shall be those lands outside the drillixx xxx spacing unit for the wells capable of production in paying quantities located xn the Hanavan Lease as of June 1, 2007.
Reassignment Obligation. If Buyer has not drilled a well in the N/2 of Section 9, T33S, R43W and a second well in the S/2 of Section 5, T33S, R44W, both to a depth sufficient to test the Red Cave Formation (located between the depths of 1576 feet and 1650 feet in the Cook #1-5 wellbore), on or before June 1, 2006, then Xxxxr shall assign to Seller for no consideration the previously assigned rights to the undrilled portion of the Cook Lease.
