Excluded Xxxxx means the xxxxx specified on Exhibit H.
Excluded Xxxxx means Xxxxx, so long as (i) it holds (directly, and together with its Subsidiaries), not more than de minimis assets (other than (x) any intercompany notes or receivables that relate to the repayment of principal and interest of the Xxxxx Designated Indebtedness or (y) any proceeds from any Indebtedness of Xxxxx (so long as such proceeds are intended to be distributed to the Borrower) or intercompany notes or receivables that relate to the distribution of such proceeds to the Borrower), (ii) it does not generate more than de minimis Consolidated EBITDA and (iii) it does not at any time guarantee any third-party Indebtedness of the Borrower.
Examples of Excluded Xxxxx in a sentence
The Parties agree and acknowledge that the Saltwater produced from the Excluded Xxxxx is not subject to the dedication and commitment made by Producer under this Agreement.
All Saltwater produced on or after the Effective Date (except for the Saltwater produced from the Excluded Xxxxx) that Producer has the right to control and deliver for gathering and that is attributable to any Dedicated Property and is produced through a Well from an Agreed Formation.
More Definitions of Excluded Xxxxx
Excluded Xxxxx shall refer to all xxxxx within the Contract Area which (i.) are drilled to the Excluded Formations, or (ii.) have been spud on a Lease, or lands pooled therewith, as of the date of this Agreement, and which have an objective depth of, or are producing from, a depth below the Excluded Formations including, without limitation, the xxxxx listed on Exhibit “J,” and in either case, in which the Chesapeake Group has an interest.
Excluded Xxxxx means any xxxxx located in the New Lines Dedication Area which are connected to the Poly Line prior to the Operating Date or which have been drilled and completed prior to the Operating Date.
Excluded Xxxxx means the xxxxx that are set forth on Section 2.2(h) of the Seller Disclosure Schedule, to the extent that the exclusion of such xxxxx is permitted by applicable Law and any applicable Contracts (including, for the avoidance of doubt, any joint operating agreements). If, in the sole judgment of Purchaser, applicable Law and/or any applicable Contracts do not permit the exclusion of any such well, then such well shall be removed from Section 2.2(h) of the Seller Disclosure Schedule and shall be designated as a Purchased Asset and deemed to be a Purchased Asset for all purposes under this Agreement, the Ancillary Agreements and each other agreement, document or instrument contemplated hereby or thereby.
Excluded Xxxxx means the wellbores for all xxxxx within the Program Area as of the Execution Date other than the Initial Xxxxx. Excluded Xxxxx include the xxxxx identified in Exhibit D.
Excluded Xxxxx xxxxs, wixx xxxxxxx xx the Administrative Agent, any Lender, the Issuing Bank or any other recipient of any payment to be made by or on account of any obligation of the Borrower hereunder, (a) income or franchise taxes imposed on (or measured by) its net income by the United States of America, or by the jurisdiction under the laws of which such recipient is organized or in which its principal office is located or, in the case of any Lender, in which its applicable lending office is located, (b) any branch profits taxes imposed by the United States of America or any similar tax imposed by any other jurisdiction in which the Borrower is located and (c) in the case of a Foreign Lender, any withholding tax that is imposed on amounts payable to such Foreign Lender (other than an assignee pursuant to a request by the Borrower under Section 2.19(b)) at the time such Foreign Lender becomes a party to this Agreement (or designates a new lending office) or is attributable to such Foreign Lender's failure to comply with Section 2.17(e), except to the extent that such Foreign Lender (or its assignor, if any) was entitled, at the time of designation of a new lending office (or assignment), to receive additional amounts from the Borrower with respect to such withholding tax pursuant to Section 2.17.
Excluded Xxxxx means any well (and together, all xxxxx) existing on the Project Area in which PED has a Working Interest as of the Effective Date of this Agreement.
Excluded Xxxxx as defined in the definition of “Excluded Assets.”