Common use of Right to Pool Clause in Contracts

Right to Pool. Subject to the terms of the last sentence of this Section 9.02, Operating Partnership shall have the right and power, exercisable only during the period provided in Section 9.03 hereof, to pool and unitize any of the Subject Interests and to alter, change or amend or terminate any pooling or unitization agreements heretofore or hereafter entered into, as to all or any part of the land covered thereby, as to any one or more of the formations or horizons thereunder, and as to any one or more Subject Minerals, upon such terms and provisions as Operating Partnership shall in its sole discretion determine, subject in all events to the Net Profits Interests and the Overriding Royalty Interests of Pension Partnership as herein provided. If and whenever through the exercise of such right and power, or pursuant to any law hereafter enacted or any rule, regulation or order of any governmental body or official hereunder promulgated, any of the Subject Interests are pooled or unitized in any manner, the Net Profits Interests and the Overriding Royalty Interests insofar as they affect such Subject Interests shall also be pooled and unitized and in any such event such Net Profits Interests and Overriding Royalty Interests in such Subject Interests shall apply to and affect only the production which accrues to such Subject Interests under and by virtue of the pooling and unitization. The right and power of Operating Partnership as above provided to pool and unitize any of the Subject Interests or to alter, change or amend or terminate any pooling or unitization agreements shall in no event change or have the effect of changing the Net Profits Surface Acreage, the Net Profits Depth, the Overriding Royalty Surface Acreage or the Overriding Royalty Depth under this Net Profits Agreement, a Net Profits Interest or the Conveyance(s) contemplated hereunder.