Common use of Title Defect Clause in Contracts

Title Defect. As used in this Agreement, the term “Title Defect” means any Lien, obligation (including contract obligation), defect, or other matter (including without limitation a discrepancy in Net Revenue Interest or Working Interest) that causes a breach of Seller’s representation in Section 4.1(a) and that is not cured by Seller in the manner permitted by this Agreement. Notwithstanding the foregoing, the following shall not be considered Title Defects:

Appears in 2 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Kodiak Oil & Gas Corp)

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Title Defect. As used in this Agreement, the term “Title Defect” means any Lienlien, charge, encumbrance, obligation (including contract obligation), defect, condition or other matter (including without limitation a discrepancy in Net Revenue Interest or Working Interest) that causes a breach of Seller’s 's representation and warranty in Section 4.1(a) and that is not cured by Seller in the manner permitted by this Agreement). Notwithstanding the foregoing, the following shall not be considered Title Defects:

Appears in 2 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Petroleum Development Corp)

Title Defect. As used in this Agreement, the term “Title Defect” means any Lienlien, charge, encumbrance, obligation (including contract obligation), defect, or other matter (including without limitation a discrepancy in Net Revenue Interest or Working Interest) that causes a breach of Seller’s representation in Section 4.1(a) and that is not cured by Seller in the manner permitted by this Agreement). Notwithstanding the foregoing, the following shall not be considered Title Defects:

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Delta Petroleum Corp/Co), Purchase and Sale Agreement (Delta Petroleum Corp/Co)

Title Defect. As used in this Agreement, the term “Title Defect” means any Lienlien, charge, encumbrance, obligation (including contract obligation), defect, condition or other matter (including without limitation a discrepancy in Net Revenue Interest or Working Interest) that causes a breach of Sellera Party’s representation and warranty in Section 4.1(a) and that is not cured by Seller in the manner permitted by this Agreement). Notwithstanding the foregoing, the following shall not be considered Title Defects:

Appears in 2 contracts

Samples: Contribution Agreement, Contribution Agreement (Delta Petroleum Corp/Co)

Title Defect. As used in this Agreement, the term “Title Defect” means any Lienlien, charge, encumbrance, obligation (including contract obligation), defect, or other matter (including without limitation a material discrepancy in Net Revenue the net leasehold acreage) that, alone or in combination with other Title Defects, causes Purchaser not to have Defensible Title in and to the Units, Xxxxx, or Leasehold Interest or Working Interest) that causes a breach of Seller’s representation shown in Section 4.1(a) Exhibits A and that is not cured by Seller in the manner permitted by this Agreement. B. Notwithstanding the foregoing, the following shall not be considered Title Defects:

Appears in 1 contract

Samples: Purchase and Sale Agreement (Ignis Petroleum Group, Inc.)

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Title Defect. As used in this Agreement, the term “Title Defect” means any Lienlien, charge, encumbrance, obligation (including contract obligation), defect, or other matter (including without limitation a discrepancy in Net Revenue Interest NRI or Working Interest) that alone or in combination with other defects causes a breach of Seller’s representation in Section 4.1(a) and that is Seller not cured by Seller in the manner permitted by this Agreementto have Defensible Title. Notwithstanding the foregoing, the The following shall not be considered excluded from the definition of Title DefectsDefect:

Appears in 1 contract

Samples: Purchase and Sale Agreement (Forestar Group Inc.)

Title Defect. As used in this Agreement, the term "Title Defect" means any Lienlien, obligation (including contract charge, encumbrance, obligation), defect, condition or other matter (including without limitation a discrepancy in Net Revenue Interest or Working Interest) that causes a breach of Seller’s 's representation and warranty in Section 4.1(a) and that is not cured by Seller in the manner permitted by this Agreement). Notwithstanding the foregoing, the following shall not be considered Title Defects:

Appears in 1 contract

Samples: Purchase and Sale Agreement (Empire Petroleum Corp)

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