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<br />Jean Alberico, Garfield County, Colorado
<br />Rec Fee: $228.00 Doc Fee: $0.00 eRecorded
<br />systems, water supply and disposal systems, platforms, pumps, ponds, buildings
<br />(including furniture and fixtures located therein), compressors, meters, tanks, machinery,
<br />tools, pulling machines, utility lines, computer (but excluding any personal computers or
<br />workstations, iPads or similar, and cellular phones) and automation equipment (including
<br />the SCADA servers).
<br />"Second Closing Assets" has the meaning set forth in Section 2.1(a).
<br />"Second Closing Date" means August 1, 2016.
<br />"Second Closing Leases" means the Hydrocarbon leases listed on Exhibit A and:
<br />(a) any lands unitized, communitized or pooled with such leases; and
<br />(b) all other right, title and interest of Assignor in and to the leasehold estates
<br />created by such leases.
<br />"Second Closing Easements" means the surface fee interests, easements, servitudes,
<br />rights-of-way, surface leases, licenses, authorizations, permits (other than Permits) and
<br />other surface rights or interests appurtenant to set forth on Exhibit G but only to the
<br />extent used or held for use in connection with the Properties.
<br />"Second Closing Wells" means the wells listed on Exhibit B, and any and all other oil,
<br />gas, water (including any water supply or disposal) wells, injection wells or other wells
<br />located on the Second Closing Leases or allocable to the Second Closing Leases, or used
<br />on, or held in connection with the development or operation of the Second Closing
<br />Leases or Facilities.
<br />"Hedge Contract" means any contract to which Assignor or any of its Affiliates is a
<br />party with respect to any swap, forward, future, put, call, floor, cap, collar option or
<br />derivative transaction or option or similar agreement, whether exchange traded, "over-
<br />the-counter" or otherwise, involving, or settled by reference to, one or more rates,
<br />currencies, commodities (including Hydrocarbons), equity or debt instruments or
<br />securities, or economic, financial or pricing indices or measures of economic, financial or
<br />pricing risk or value or any similar transaction or any combination of these transactions
<br />or any derivative instrument as defined in Accounting Standards Codification Section
<br />815.
<br />"Hydrocarbons" means crude oil, natural gas, casinghead gas, condensate, sulphur,
<br />natural gas liquids, plant products and other liquid or gaseous hydrocarbons produced in
<br />association therewith, including coalbed methane gas, CO2, helium, nitrogen and all other
<br />minerals of every kind and character.
<br />"Material Contracts" means those Contracts set forth on Schedule 5.1(i) to this
<br />Assignment, and any of the following Contracts to which Assignor is a party (or bound as
<br />a successor in interest) that are used or held for use in connection with, or relate to, the
<br />Second Closing Assets and by which Assignee as owner of the Second Closing Assets
<br />would be bound:
<br />10
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