Transfers; Relation to Surface Use Agreements Sample Clauses

Transfers; Relation to Surface Use Agreements. (i) Prior to the fifth anniversary of the Closing Date, Peabody shall not sell, assign, or otherwise permanently transfer, and Peabody shall cause its Affiliates not to sell, assign or otherwise permanently transfer, any of its interest in the surface estate overlying the Oil and Gas Interests that is owned or leased by Peabody or an Affiliate as of the date hereof, except by a recordable instrument which makes such sale, assignment or other permanent transfer under and subject to the obligation to enter into a Peabody SUA, consistent with the terms hereof, with CNX (or any entity with whom CNX has entered into a joint operating agreement, pursuant to which CNX is participating or has a right to participate in the subject operations), provided that such obligation shall expire as to Peabody, its Affiliates, and/or Peabody’s successor, assign or transferee (as the case may be) on such fifth anniversary. After the fifth anniversary of the Closing Date, Peabody or its Affiliates and/or Peabody’s successors, assigns, and transferees to the surface estate (as the case may be), shall be permitted to sell, assign, transfer, or otherwise deal with any portion of such surface overlying the Peabody Oil and Gas Interests which is not then subject to a valid Peabody Surface Use Agreement, free of any obligation to CNX to enter into a Peabody Surface Use Agreement. (ii) If at any time Peabody or its Affiliates desire to transfer an estate in the surface overlying the Oil and Gas Interests (then owned by CNX) that is owned or leased by Peabody or such Affiliate as of the date hereof in a transaction which is less than a sale, assignment or other permanent transfer, Peabody shall make, and Peabody shall cause its Affiliates to make, such transfer under and subject to the duty to enter into a Peabody Surface Use Agreement with CNX.
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Related to Transfers; Relation to Surface Use Agreements

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