Updated Exhibits and Schedules. Each Party shall, at least five (5) business days prior to Closing, supplement the exhibits and schedules to this Agreement with additional information that, if existing or known to it on the date of this Agreement, would have been required to have been included in one or more exhibits or schedules to this Agreement (including items identified in the course of Purchaser’s due diligence investigation including Environmental Audit). For purposes of determining the satisfaction of any of the conditions to the obligations of Purchaser and Seller in Sections 8.3 and 8.4 and the liability of Purchaser and Seller following Closing for breaches of their respective representations, warranties and covenants under this Agreement, the exhibits and schedules to this Agreement shall be deemed to include only (a) the information contained therein on the date of this Agreement and (b) information added to such exhibits and schedules by written supplements to this Agreement delivered prior to Closing by the Party making such amendment that reflect actions required by this Agreement to be taken prior to Closing (including Exhibit B and schedule supplementation described in the first sentence of this Section 7.7; provided, however, that if any such change has a Material Adverse Effect on a party, then the other party may reject such change by a written notice to the other party delivered within two business days after the receipt of such change.
Updated Exhibits and Schedules. The Parties agree that Exhibit A-1 is intended to list all of the Leases and Lands that are intended to be included as part of the Assets to be conveyed to Buyer hereunder. The Parties further agree that Exhibit A-2 is intended to list all Surface Use Agreements and Exhibit A‑3 is intended to list all of the Fee Interests that are intended to be included as part of the Assets to be conveyed to Buyer hereunder. In the event that, between the date of the execution of this Agreement and Closing, it is determined that there are Leases and Lands that have been inadvertently omitted from or incorrectly described on Exhibit A-1, any Surface Use Agreements that have been inadvertently omitted or incorrectly described on Exhibit A‑2, or any Fee Interests that have been inadvertently omitted or incorrectly described on Exhibit A‑3, Seller, with the consent of Buyer, which consent shall not be unreasonably conditioned, withheld or delayed, shall be permitted to supplement Exhibit A-1, Exhibit A‑2 or Exhibit A‑3, as the case may be, until five (5) days prior to the Closing Date to include those Leases and Lands that have been inadvertently omitted or incorrectly described. It is further agreed that, until five (5) days prior to the Closing Seller, with the written consent of Buyer, which consent shall not be unreasonably conditioned, withheld or delayed, may correct or update all other Exhibits and Schedules to this Agreement. For the avoidance of doubt, Seller shall not have the right to correct, update, or otherwise amend the Net Mineral Acres, Net Revenue Interest, or Working Interest set forth on Exhibit A-1 or Exhibit A-3, as applicable, for any Asset except with the written consent of Buyer, which consent shall not be unreasonably conditioned, withheld or delayed.
Updated Exhibits and Schedules. As soon as possible, and in any event no later than five (5) Business Days after the applicable Servicing Date, Subservicer shall have received from Servicer updated versions of each then-relevant exhibit and schedule hereto, certified as being true and correct on behalf of Servicer by an authorized officer thereof, with respect to the subservicing transferred on that date.
Updated Exhibits and Schedules. If any exhibits or schedules are not attached hereto or are supplemented prior to Closing, the Parties agree to attach such exhibits and updated schedules as soon as reasonably practicable but in any event prior to the Closing Date. This Agreement is subject to each Party approving the other Party’s proposed exhibits and updated schedules. If such exhibit or updated schedule discloses an issue Purchaser deems material, Purchaser may terminate this Agreement.
Updated Exhibits and Schedules. To Escrow Agent, an update to each of the schedules and/or exhibits for each of the Deed, Xxxx of Sale, Assignment and Assumption of Contracts and Intangible Property and Assignment and Assumption of Tenant Leases (or written acknowledgement that no such update is required) required to make such schedules/exhibits accurate as of the Closing, which updates shall replace the applicable schedules and/or exhibits to the applicable Closing Documents and shall constitute and become part of such Closing Document as of the Closing Date.
Updated Exhibits and Schedules. As soon as possible, and in any event no later than the applicable Delivery Date, Purchaser shall have received from Seller updated versions of each then-relevant exhibit and schedule hereto, certified as being true and correct on behalf of Seller by an authorized officer thereof, with respect to the Servicing Rights transferred on that date.
Updated Exhibits and Schedules
