Wxxxx. Except as set forth on Schedule 5.13, there is no Well included in the Assets that:
(i) Seller or any of its affiliates is obligated on the date of this Agreement by law or agreement to cause to be immediately plugged and abandoned; and
(ii) to the knowledge of Seller, has been plugged and abandoned other than in compliance in all material respects with law.
Wxxxx. Schedule 4.10 sets forth the status as of March 1, 2006 of each of the Wxxxx included in the Assets. The mechanical condition of such Wxxxx does not deviate materially from the well bore schematics made available to Buyer in the data room.
Wxxxx. To Seller’s knowledge, except for matters which would not materially and adversely affect the operation or value of any material portion of the Assets (a) all of the Wxxxx described on Exhibit A have been drilled and completed at approved legal locations within the boundaries of the appropriate Lands and Units; (b) all drilling and completion of the Wxxxx and all development and operations of the Properties have been conducted in all respects in material compliance with applicable laws, ordinances, rules, regulations, permits, and judgments, orders and decrees of any court or governmental body or agency, including but not limited to Environmental Laws; and (c) no Well is subject to penalties on allowables after the date hereof because of any production in violation of applicable laws, rules, regulations, permits or judgments, orders or decrees of any court or governmental entity which would prevent such Well from being entitled to its full legal and regular allowance from and after the date hereof as prescribed by any court or governmental entity.
Wxxxx. All interior walls and curtain walls within the Premises, including all interior lath plastering and gypsum board thereon, and including lath plastering, and/or drywall on Landlord's exposed masonry or stud demising partitions. Demising walls between tenant spaces shall meet applicable code requirements and continuous from floor to the underside of the roof or floor.
Wxxxx. To Seller’s Knowledge, (i) all wxxxx have been drilled and completed within the limits permitted by all applicable Leases and Contracts, (ii) no well is subject to penalties on allowables after the Effective Time because of any overproduction or any other violation of Laws, and (iii) there are not any wxxxx, equipment or other facilities located on the Assets that (A) Seller or the operator of the Oil and Gas Properties is obligated by any Laws or contract to currently plug, dismantle and/or abandon, or (B) have been plugged, dismantled or abandoned in a manner that does not comply in all material respects with Laws. To Seller’s Knowledge, all currently producing Wxxxx are in an operable state of repair adequate to maintain normal operations in accordance with the methods and practices of a prudent operator of oil and gas properties in Kxxxxx County, Texas, ordinary wear and tear excepted, and, without limiting the foregoing, do not contain junk or other obstructions which could reasonably be expected to materially interfere with drilling, completion, and recompletion, stimulation, or other operations on, with respect to, or affecting the Assets.
Wxxxx. To the best knowledge of Seller, (i) all of the Wxxxx have been drilled and completed within the boundaries of the Leases, Units or Interests or within the limits otherwise permitted by contract, pooling or unit agreement, and by applicable law; all drilling and completion of such Wxxxx and all development and operations on the Properties have been conducted in substantial compliance with all of the terms and conditions of the Contracts and the applicable agreements and documents creating the Interests and (ii) no Well is subject to penalties on allowables because of any overproduction or any other violation of any applicable law, Required Permit or order that would prevent such Well from being entitled to its full legal and regular allowable from and after the Closing Date as prescribed by any governmental authority.
Wxxxx. To Sellers’ knowledge, there are no “Wxxxx” located on the Minnesota Property within the meaning of Minn. Stat. §1031. This representation is intended to satisfy the requirements of that statute.
Wxxxx. To the Knowledge of Seller, all Wxxxx have been drilled and completed within the limits permitted by all applicable Leases, contracts, and pooling or unit agreements, and by Legal Requirements. To the Knowledge of Seller, no Well is subject to penalties on allowables after the Effective Time because of any overproduction or any other violation of Legal Requirements. Except as set forth in Part 3.17 of Seller’s Disclosure Schedule, there are no wxxxx, platforms, or other Equipment located on the Seller Operated Assets, and to the Knowledge of Seller, on the Non-Operated Assets, that: (i) Seller is currently obligated by any Legal Requirement or contract to currently plug and abandon; (ii) are subject to exceptions to a requirement to plug and abandon issued by a Governmental Body; or (iii) have been plugged and abandoned in a manner that does not comply in all material respects with Legal Requirements.
Wxxxx. Except as identified in Schedule 2.11, as of the Closing Date, to the best of Seller’s knowledge, there are no non-producing wxxxx, shut-in wxxxx, temporarily abandoned wxxxx, or wxxxx requiring plugging or replugging located on the Assets.
