Lien
means any lien, pledge, hypothecation, mortgage, deed of trust,
security interest, conditional or installment sale agreement, encumbrance, covenant, condition, charge, claim, option, right of first refusal, easement, title defect, right of way, encroachment, occupancy right, preemptive right, community property
interest or restriction of any nature (including any restriction on the voting of any security, any restriction on the transfer of any security or other asset, or any restriction on the possession, exercise or transfer of any other attribute of
ownership of any asset), whether voluntarily incurred or arising by operation of Law.
Multiemployer Plan
means any
multiemployer plan within the meaning of Section 3(37) of ERISA or any plan that has two (2) or more contributing sponsors at least two (2) of whom are not under common control within the meaning of Section 4063 of
ERISA.
NYSE
means the New York Stock Exchange.
Oil and Gas Contracts
means any of the following Contracts to which the applicable Person is a party (other than, in each
case, an Oil and Gas Lease): all
farm-in
and
farm-out
agreements, areas of mutual interest agreements, joint venture agreements, development agreements, production
sharing agreements, operating agreements, unitization, pooling and communitization agreements, declarations and orders, divisions orders, transfer orders, royalty deeds, oil and gas sales agreements, exchange agreements, gathering and processing
Contracts and agreements, drilling, service and supply Contracts, geophysical and geological Contracts, land broker, title attorney and abstractor Contracts and all other Contracts relating to Oil and Gas Interests.
Oil and Gas Interests
means (a) direct and indirect interests in and rights with respect to Hydrocarbons and related
properties and assets of any kind and nature, direct or indirect, including working and leasehold interests and operating rights and royalties, overriding royalties, production payments, net profit interests, carried interests, and other
non-working
interests and
non-operating
interests; (b) Hydrocarbons or revenues therefrom and claims and rights thereto; (c) all Oil and Gas Leases and the leasehold
estates created thereby and the lands covered by the Oil and Gas Leases or included in units with which the Oil and Gas Leases may have been pooled or united; (d) all Oil and Gas Contracts; (e) surface interests, fee interests,
reversionary interests, reservations and concessions; (f) all easements, surface use agreements, rights of way, licenses and permits, in each case, in connection with Oil and Gas Leases, the drilling of Wells or the production, gathering,
processing, storage, disposition, transportation or sale of Hydrocarbons, (g) all rights and interests in, under or derived from unitization and pooling agreements in effect with respect to
clauses (a)
and
(b)
above and the
units created thereby which accrue or are attributable to the interests of the holder thereof; (h) all interests in machinery, equipment and inventory (including Wells, equipment, machinery, pipe, and other goods and materials purchased by any
operator for the joint account of the operator and
non-operators,
without regard to whether any thereof is located on the Oil and Gas Leases or the Wells), oil and gas production, gathering, transmission,
treating, processing and storage facilities (including tanks, tank batteries, pipelines, flow lines, gathering Systems and metering equipment), pumps, water plants, electric plants, gasoline and gas platforms, processing plants, separation plants,
refineries, testing and monitoring equipment, in each case, in connection with Oil and Gas Leases, the drilling of Wells or the production, gathering, processing, storage, disposition, transportation or sale of Hydrocarbons, and (i) all other
property or interests of any kind or character associated with, appurtenant to, or necessary for the operation of any of the foregoing.
Oil and Gas Leases
means all Hydrocarbon and mineral leases and subleases, royalties, overriding royalties, net profits
interests, mineral fee interests, carried interests, and other rights to Hydrocarbons in place, and mineral servitudes, and all leases, subleases, licenses or other occupancy or similar agreements under which a Person acquires or obtains operating
rights in and to Hydrocarbons or any other real property which is material to the operation of such Persons oil and gas business.
Order
means any judgment, settlement, order, decision, writ, injunction, decree, stipulation or legal or arbitration award
of, or promulgated or issued by, any Governmental Entity.
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