Remedies for Title Benefits. (a) If Buyer discovers any Title Benefit affecting the Assets, it shall promptly notify Seller in writing thereof. Subject to Section 4.14, Seller shall be entitled to an upward adjustment to the Purchase Price with respect to all Title Benefits in an amount (the “Title Benefit Value”) determined in accordance with the formula provided for in this Section 4.08(a). The term “Title Benefit” shall mean Seller’s Net Revenue Interest in any Well, PUD Location, PDNP, or Probable and/or Possible Locations that is greater than or in addition to the Net Revenue Interest set forth in Exhibit D, or Seller’s Working Interest in any Well, PUD Location, PDNP, or Probable and/or Possible Locations that is less than the Working Interest set forth in Exhibit D (without a proportionate decrease in the Net Revenue Interest). The Title Benefit Value shall be the absolute value of the number determined by the following formula: Title Benefit Value = [A x (B/C)] - A A = Allocated Value for the affected Asset B = Correct Net Revenue Interest for the affected Asset C = Net Revenue Interest for the affected Asset as set forth on Exhibit D.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (St Mary Land & Exploration Co), Purchase and Sale Agreement (St Mary Land & Exploration Co)
Remedies for Title Benefits. (a) If Buyer discovers any Title Benefit affecting the Assets, it shall promptly notify Seller in writing thereof. Subject to Section 4.14, Seller shall be entitled to an upward adjustment to the Purchase Price with respect to all Title Benefits in an amount (the “"Title Benefit Value”") determined in accordance with the formula provided for in this Section 4.08(a). The term “"Title Benefit” " shall mean Seller’s 's Net Revenue Interest in any Well, PUD Location, PDNP, or Probable and/or Possible Locations that is greater than or in addition to the Net Revenue Interest set forth in Exhibit D, or Seller’s 's Working Interest in any Well, PUD Location, PDNP, or Probable and/or Possible Locations that is less than the Working Interest set forth in Exhibit D (without a proportionate decrease in the Net Revenue Interest). The Title Benefit Value shall be the absolute value of the number determined by the following formula: Title Benefit Value = [A x × (B/C)] - A C)]-A A = Allocated Value for the affected Asset B = Correct Net Revenue Interest for the affected Asset C = Net Revenue Interest for the affected Asset as set forth on Exhibit D.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Abraxas Energy Partners LP)
Remedies for Title Benefits. (a) If Buyer discovers any Title Benefit affecting the Assets, it shall promptly notify Seller in writing thereof. Subject to Section 4.14, Seller shall be entitled to an upward adjustment to the Purchase Price with respect to all Title Benefits in an amount (the “"Title Benefit Value”") determined in accordance with the formula provided for in this Section 4.08(a). The term “"Title Benefit” " shall mean Seller’s 's Net Revenue Interest in any Well, PUD Location, PDNP, or Probable and/or Possible Locations that is greater than or in addition to the Net Revenue Interest set forth in Exhibit D, or Seller’s 's Working Interest in any Well, PUD Location, PDNP, or Probable and/or Possible Locations that is less than the Working Interest set forth in Exhibit D (without a proportionate decrease in the Net Revenue Interest). The Title Benefit Value shall be the absolute value of the number determined by the following formula: Title Benefit Value = [A x (B/C)] - A A = Allocated Value for the affected Asset B = Correct Net Revenue Interest for the affected Asset C = Net Revenue Interest for the affected Asset as set forth on Exhibit D.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Abraxas Petroleum Corp)
Remedies for Title Benefits. (a) If Buyer discovers any Title Benefit affecting the Assets, it shall promptly notify Seller in writing thereof. Subject to Section 4.144.15, Seller shall be entitled to an upward adjustment to the Purchase Price with respect to all Title Benefits in an amount (the “Title Benefit Value”) determined in accordance with the formula provided for in this Section 4.08(a4.09(a). The term “Title Benefit” shall mean Seller’s Net Revenue Interest in any Well, PUD Location, PDNP, PDNP or Probable and/or Possible Locations that is greater than or in addition to the Net Revenue Interest set forth in Exhibit DD-1 or Exhibit D-2 (as applicable), or Seller’s Working Interest in any Well, PUD Location, PDNP, PDNP or Probable and/or Possible Locations that is less than the Working Interest set forth in Exhibit D D-1 or Exhibit D-2 (as applicable) (without a proportionate decrease in the Net Revenue Interest). The Title Benefit Value shall be the absolute value of the number determined by the following formula: Title Benefit Value = [A x (B/C)] - A ) A = Allocated Value for the affected Asset B = Correct Net Revenue Interest for the affected Asset C = Net Revenue Interest for the affected Asset as set forth on Exhibit D.D-1 or Exhibit D-2 (as applicable).
Appears in 1 contract
Samples: Purchase and Sale Agreement (St Mary Land & Exploration Co)