Governing Documents means the documents by which any Person (other than
an individual) establishes its legal existence or that govern its internal affairs, including: (a) the articles or certificate of incorporation and the bylaws of a corporation; (b) the partnership agreement and any statement of partnership
of a general partnership; (c) the limited partnership agreement and the certificate of limited partnership of a limited partnership; (d) the certificate of formation and the limited liability company agreement or, if applicable, operating
agreement of a limited liability company; (e) any similar charter or operating document adopted or filed in connection with the creation, formation or organization of a Person; and (f) any amendment, modification, restatement, supplement,
certificate of designations or similar to any of the foregoing.
Governmental Approval means any consent,
certification, approval, permit, exemption or variance of, to, by or with, any Governmental Authority pertaining to the consummation of the transactions contemplated by this Agreement.
Governmental Authority means any legislature, court, tribunal, arbitrator, authority, agency, department, commission,
division, board, bureau, branch, official or other instrumentality of the U.S., or any domestic state, county, parish, city, tribal or other political subdivision, governmental department or similar governing entity, and including any governmental,
quasi-governmental, regulatory, administrative or non-governmental body exercising similar powers of authority.
Haynesville (LESS AND EXCEPT Mid Bossier) Target Zone means the Haynesville Target Zone, LESS AND EXCEPT the stratigraphic
equivalent of the Mid-Bossier Formation, defined as that interval from 11,134 feet to 11,397 feet, measured depth, as found and identified on the electronic log, for the Martin Timber Co. No. 4 Well (API
# 1703124507), located in Section 20, Township 13 North, Range, 15 West, DeSoto Parish, Louisiana.
Haynesville Target
Zone means either (a) the stratigraphic equivalent of the Haynesville Zone as defined in the applicable Louisiana Office of Conservation Unit Order for the Township, Range and Section in which the applicable Lease, Well-In-Progress, or Fee Mineral is located, as set forth on Annex A-1, Annex A-6 or Annex A-3, as applicable, or (b) if a Louisiana Office of Conservation Unit Order for the Haynesville Zone covering the location of the applicable Lease, Well-In-Progress, or Fee Mineral has not been established, the stratigraphic equivalent of that gas and condensate-bearing interval encountered between the depths of 10,418 feet to 12,308 feet (electrical log
measurements) in the Winchester Production Company Means No. 16 Well, located in Section 23, Township 14 North, Range 14 West, DeSoto Parish, Louisiana.
Hazardous Materials means any material, substance or waste, whether solid, liquid, or gaseous which is regulated as a
hazardous material, hazardous waste, hazardous substance, toxic substance, pollutant, or contaminant, or otherwise classified as hazardous or toxic, in or pursuant to any
Environmental Law due to its dangerous or deleterious properties or characteristics, but excluding naturally occurring radioactive materials and asbestos or asbestos-containing materials.
Hedge Contract Gains means, with respect to any Specified Hedge Contract, the amount that the Company is or would be
entitled to receive from the applicable counterparty under the terms of such Specified Hedge Contract (giving effect to any offset or netting of amounts under (i) in the case of Section 9.12(d), all Specified Hedge
Contracts other than Retained Specified Hedge Contracts, and (ii) in the case of Section 9.12(e), all Specified Hedge Contracts, but, in each case (i) and (ii), without offset or netting of amounts under any
Existing Hedge Contracts) upon the termination thereof.
Hedge Contract Losses means, with respect to any Specified
Hedge Contract, the amount that the Company is or would be obligated to pay to the applicable counterparty under the terms of such Specified Hedge Contract (giving effect to any offset or netting of amounts under (i) in the case of
Section 9.12(d), all Specified Hedge Contracts other than Retained Specified Hedge Contracts, and (ii) in the case of Section 9.12(e), all Specified Hedge Contracts, but, in each case
(i) and (ii), without offset or netting of amounts under any Existing Hedge Contracts) upon the termination thereof.
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