COALBED METHANE GAS AND OTHER
ASSOCIATED HYDROCARBONS.
(J)
"LAWS" MEANS ALL LAWS, STATUTES, RULES, REGULATIONS, ORDINANCES, ORDERS,
REQUIREMENTS AND CODES OF GOVERNMENTAL AUTHORITIES.
(K)
"NEW LEASE" HAS THE MEANING GIVEN TO SUCH TERM IN THE PURCHASE AGREEMENT.
(L)
"NORA FIELD" HAS THE SAME MEANING AS THE TERM "AMI" IN THE OPERATING
AGREEMENT (AS DEFINED IN THE PURCHASE AGREEMENT).
(M)
"NORA-T LINE" MEANS THE PIPELINE DEPICTED ON EXHIBIT K.
(N)
"ORIGINAL LEASE" HAS THE MEANING GIVEN TO SUCH TERM IN THE PURCHASE
AGREEMENT.
(O)
"PARTY LAWSUIT" MEANS THE ONGOING LITIGATION AND CLAIMS IN THE ACTION
STYLED AS PINE MOUNTAIN OIL & GAS, INC. V. EQUITABLE PRODUCTION COMPANY, USDC WD
VA, ABINGDON DIVISION, CA NO. 1:05CV095 (INCLUDING THE RELATED SEPTEMBER 22,
2005 ARBITRATION PROCEEDING).
(P)
"PERSON" MEANS ANY INDIVIDUAL, CORPORATION, PARTNERSHIP, LIMITED LIABILITY
COMPANY, TRUST, ESTATE, GOVERNMENTAL AUTHORITY OR ANY OTHER ENTITY.
4
(Q)
"PURCHASE AGREEMENT" MEANS THAT CERTAIN PURCHASE AND SALE AGREEMENT OF
EVEN DATE HEREWITH BETWEEN EPC AND PMOG.
(R)
"RECORDS" MEANS ALL GATHERING AND TRANSPORTATION FILES, COMPRESSION
FILES, LAND FILES AND SURVEYS, CONTRACT FILES AND ALL OTHER BOOKS, RECORDS,
DATA, FILES, MAPS AND ACCOUNTING RECORDS TO THE EXTENT RELATING PRIMARILY TO THE
ASSETS, EXCLUDING HOWEVER, (A) ANY RECORD TO THE EXTENT THAT: (1) DISCLOSURE OR
TRANSFER OF SUCH RECORD IS RESTRICTED BY ANY THIRD-PARTY AGREEMENT OR APPLICABLE
LAW, (2) EQUITABLE IS UNABLE TO OBTAIN, USING COMMERCIALLY REASONABLE EFFORTS, A
WAIVER OF, OR OTHERWISE SATISFY, SUCH DISCLOSURE RESTRICTION (PROVIDED THAT
EQUITABLE SHALL NOT BE REQUIRED TO PROVIDE CONSIDERATION OR UNDERTAKE
OBLIGATIONS TO OR FOR THE BENEFIT OF THE HOLDERS OF SUCH RIGHTS IN ORDER TO
OBTAIN ANY NECESSARY CONSENT OR WAIVER) AND (3) THE FAILURE TO OBTAIN SUCH
WAIVER OR SATISFY SUCH DISCLOSURE RESTRICTION WOULD CAUSE A TERMINATION OF SUCH
INSTRUMENT OR A MATERIAL IMPAIRMENT OF THE RIGHTS THEREUNDER; (B) COMPUTER
SOFTWARE; (C) ALL LEGAL RECORDS AND LEGAL FILES OF EQUITABLE (OTHER THAN
(X) TITLE OPINIONS AND (Y) CONTRACTS) AND ALL OTHER WORK PRODUCT OF AND
ATTORNEY-CLIENT COMMUNICATIONS WITH ANY OF EQUITABLE'S LEGAL COUNSEL;
(D) RECORDS RELATING TO THE SALE OF THE ASSETS, INCLUDING BIDS RECEIVED FROM AND
RECORDS OF NEGOTIATIONS WITH THIRD PERSONS; (E) ANY OTHER RECORDS TO THE EXTENT
CONSTITUTING EXCLUDED ASSETS; AND (F) CONTRACTS AND AGREEMENTS OF NO FURTHER
FORCE AND EFFECT AS OF THE EFFECTIVE TIME.
(S)
"SEC" MEANS THE U.S. SECURITIES AND EXCHANGE COMMISSION.
(T)
"SECURITIES ACT" MEANS THE SECURITIES ACT OF 1933, AS AMENDED, AND ANY
SUCCESSOR STATUTE THERETO AND THE RULES AND REGULATIONS OF THE SEC PROMULGATED
THEREUNDER.
(U)
"TAX" MEANS ALL TAXES, INCLUDING INCOME TAX, SURTAX, REMITTANCE TAX,
PRESUMPTIVE TAX, NET WORTH TAX, PRODUCTION TAX, PIPELINE TRANSPORTATION TAX,
VALUE ADDED TAX, WITHHOLDING TAX, GROSS RECEIPTS TAX, WINDFALL PROFITS TAX,
PROFITS TAX, SEVERANCE TAX, PERSONAL PROPERTY TAX, REAL PROPERTY TAX, SALES TAX,
SERVICE TAX, TRANSFER TAX, USE TAX, EXCISE TAX, PREMIUM TAX, CUSTOMS DUTIES,
STAMP TAX, MOTOR VEHICLE TAX, ENTERTAINMENT TAX, INSURANCE TAX, CAPITAL STOCK
TAX, FRANCHISE TAX, OCCUPATION TAX, PAYROLL TAX, EMPLOYMENT TAX, SOCIAL
SECURITY, UNEMPLOYMENT TAX, DISABILITY TAX, ALTERNATIVE OR