Common use of Preferential Rights and Consents to Assign Clause in Contracts

Preferential Rights and Consents to Assign. (a) All consents to assign relating to the Assets (“Consents”) and preferential rights to purchase (“Preferential Rights”) are listed on Schedule 6.4. Other than in relation to a breach of the representation and warranty in Section 3.18, the remedies set forth in this Section 6.4 are the exclusive remedies under this Agreement related to the Consents and Preferential Rights. (b) From and after the Execution Date up to Closing, SM Energy and Buyer shall use their commercially reasonable efforts to obtain all Consents and waivers of all Preferential Rights (excluding any Customary Post-Closing Consents); provided, however, that neither Party shall be required to incur any Liability or pay any money in order to obtain such Consents or waivers.

Preferential Rights and Consents to Assign. (a) All consents to assign relating to the Assets (“Consents”) and preferential rights to purchase (“Preferential Rights”) are listed on Schedule 6.46.4 . Other than in relation to a breach of the representation and warranty in Section 3.18, the remedies set forth in this Section 6.4 are the exclusive remedies under this Agreement related to the Consents and Preferential Rights. (b) From and after the Execution Date up to Closing, SM Energy and Buyer shall use their commercially reasonable efforts to obtain all Consents and waivers of all Preferential Rights (excluding any Customary Post-Closing Consents); provided, however, that neither Party shall be required to incur any Liability or pay any money in order to obtain such Consents or waivers.