7. Title


For mineral interests and real estate assets (including easements), the parties should determine the level of title that the Seller will warrant to the Buyer. Under Oklahoma law, "marketable title" is often considered the gold standard; however, it is more often the case that the Buyer will consider the lower standard of "defensible title" as sufficient. Because Oklahoma law does not define "defensible title," the parties are left to define the types of defects that will rise to an indemnifiable claim under the PSA.

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