Additional Covenants of Sellers. (a) Except as expressly provided herein, between the Effective Date and the Closing Date, the Sellers shall:
Additional Covenants of Sellers. In addition to the other covenants of Sellers set forth in this Agreement, Sellers hereby jointly and severally covenant and agree with Purchaser as set forth in this Section 10.
Additional Covenants of Sellers. Sellers agree that:
Additional Covenants of Sellers. Sellers covenant and agree to furnish to Buyer and the Internal Revenue Service with such applicable information as may be required under Section 1060 of the Code and to cooperate in the completion and timely filing of IRS Form 8594. The provisions of this Section 5.07 shall survive the Closing, anything to the contrary contained herein notwithstanding.
Additional Covenants of Sellers. Encoal and NuCoal will not enter into any transactions prior to the Closing Date, other than in the ordinary course of business, except for matters being negotiated with Triton LLC with respect to bonding and other terms or requirements under the Encoal Use Agreement. Sellers will take such actions as are necessary to insure that Encoal and NuCoal will not enter into any transactions as described in this Section 6, and in particular neither Encoal nor NuCoal will do any of the following from and after the Effective Date until the Closing Date, without the prior written consent of SGI:
Additional Covenants of Sellers. 25 11. Additional Covenants of Purchaser.......................................... 29
Additional Covenants of Sellers. (a) Sellers will resolve or cause to be resolved, and will use Reasonable Efforts to resolve prior to Closing, the matters set forth in that certain Notice of Non-Compliance from Mississippi Public Service Commission relating to a Pipeline Safety Inspection on or about November 12, 2008. To the extent not resolved prior to Closing, after Closing, Buyer will provide, or cause to be provided, to Seller and its Affiliates, and their respective employees, representatives, consultants and contractors, free access to any Easements reasonably required to effect such resolution. Sellers hereby agree, jointly and severally, to indemnify, defend and hold Buyer, each Company and Affiliates thereof, and their respective owners, officers, directors, employees, agents, representatives, contractors, successors, and assigns harmless from and against any and all of the following claims arising from Sellers’ activities on such Easements after the Closing: (i) claims for personal injuries to or death of employees of Sellers or their Affiliates, their contractors, agents, consultants, and representatives, and damage to the property of Sellers or others acting on behalf of Sellers, except for injuries or death caused by the gross negligence or willful misconduct of any Company or Buyer or their respective employees, contractors, agents, consultants, or representatives; (ii) claims for personal injuries to or death of employees of any Company, Buyer or third Persons, and damage to the property of any Company, Buyer or any third Persons, to the extent caused by any Sellers or their Affiliates, contractors, agents, consultants or representatives; and (iii) any fines or penalties assessed and payable to a Governmental Entity for the period prior to Sellers’ resolution of the matters set forth in such Notice of Non-Compliance.
Additional Covenants of Sellers. At or prior to the Closing, Sellers shall:
Additional Covenants of Sellers. 23 10.1 Title ...................................................................... 23 10.2
Additional Covenants of Sellers. In addition to the covenants and agreements of Sellers set forth elsewhere in this Agreement, Sellers covenant and agree that between the Execution Date and the Closing Date (or the date of earlier termination hereof, if applicable):