Supplemental Properties. (i) If the Nonrecourse Liabilities to which the Properties are subject do not exceed $232,000,000 the Depreciation attributable to the Supplemental Properties will be specially allocated as follows:
Supplemental Properties. (a) From and after the Execution Date and continuing until the date that is sixty (60) days after the First Closing Date (as hereinafter defined) (the “Supplemental Acquisition Period”), Seller shall have the right to acquire additional oil and gas leases that, upon their acquisition, will become subject to the terms of this Agreement, to the extent and only to the extent that: (i) all such additional oil and gas leases cover lands located within the boundaries of the AMI (as described in Section 5 below); (ii) such oil and gas leases have not less than a 75% Net Revenue Interest (calculated based upon a 100% Working Interest); (iii) Seller has provided Buyer with written notice of Seller’s acquisition of such additional oil and gas lease prior to the expiration of the Supplemental Acquisition Period, containing (A) copies of the additional oil and gas lease(s) acquired, (B) any ownership and/or title opinions or reports covering the surface and/or mineral estates of the acreage leased, and (C) a statement of the Net Mineral Acres covered thereby, as well as the Net Revenue Interest and Working Interest attributable to such additional oil and gas leases; and (iv) Buyer expressly approves the inclusion in this Agreement of such additional oil and gas leases. Additional oil and gas leases that meet all of the above conditions are referred to herein, collectively, as “Supplemental Leases” and, individually, a “Supplemental Lease”. To the extent any Supplemental Leases are acquired by Seller prior to the date that is ten (10) days prior to the First Closing (“Initial Cut Off Date”), then such Supplemental Leases shall be added to the Initial Leases for purposes of Section 1, and the undivided interest therein set forth in Section 1(a) (together with the other related interests described in clauses (b), (c), (d), and (e) of Section 1) shall be sold and conveyed to Buyer as part of the Initial Properties at the First Closing pursuant to the other terms and conditions of this Agreement. If an oil and gas lease that would otherwise constitute an Initial Lease for purposes of this Agreement is withheld from the First Closing pursuant to Section 19(a)(ii), such oil and gas lease, to the extent it is not ultimately excluded from this Agreement by operation of Section 19(a)(ii), shall be treated, for all purposes hereof, as a Supplemental Lease.
Supplemental Properties. The Parties acknowledge that there are certain fee properties (the "Supplemental Fee Properties") and certain lease properties (the "Supplemental Leased Properties") identified on Exhibit "I-A", which are currently owned or leased by Seller and which are not operating service stations, but which are intended to be used by Seller as a service station property. The Supplemental Fee Properties and the Supplemental Leased Properties are sometimes collectively referred in this Supplemental Agreement as the "Supplemental Properties". The Parties agree that the definition of Properties as used in the Agreement of Purchase and Sale shall be deemed to include the Supplemental Properties from and after the date of this Supplemental Agreement for all purposes under the Agreement of Purchase and Sale, as supplemented by this Supplemental Agreement, except as set forth below. As of the date of this Supplemental Agreement, all of the terms and provisions of the Agreement of Purchase and Sale, including the representations and warranties, as they relate to the Properties shall include the Supplemental Properties, except that the following provisions of the Agreement of Purchase and Sale shall not apply to the Supplemental Properties: Subsections 8.1.f., 8.1.1. and, except as disclosed to Purchaser, 8.1.m. and Article XVIII.
Supplemental Properties. (a) For purposes of this Agreement, the term “
