Applicant Violator System Sample Clauses
The Applicant Violator System clause establishes a mechanism for tracking and managing applicants who have violated certain rules or requirements during a selection or application process. Typically, this clause outlines how violations are identified, recorded, and the consequences for applicants, such as disqualification or being barred from future applications. Its core function is to maintain the integrity of the application process by deterring misconduct and ensuring that only compliant applicants are considered.
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Applicant Violator System. Each Venturer warrants that the Venturer, ------------------------- its officers, shareholders, subsidiaries, affiliates and any other entity that can be attributed to it under the "ownership and control" regulations issued by the Office of Surface Mining are not currently "permit blocked" pursuant to the Surface Mining Reclamation and Control Act of 1977 ("SMCRA"). Bluegrass warrants that no unabated violation of SMCRA or its state counterpart exists at the Patriot Mine on the Effective Date that would cause either or both of the Venturers to be "permit blocked".
Applicant Violator System. Each Member represents and warrants that such member, its officers, shareholders, members, subsidiaries, affiliates and any other entity that can be attributed to it under the “ownership and control” regulations issued by the office of Surface Mining (collectively, “Member Entities”) are not currently permit blocked under the Surface Mining Control and Reclamation Act of 1977 (“SMCRA”). No Member will allow to exist any violation of SMCRA or any comparable state law at any operation of a Member Entity that would cause any other Member or its Member Entities to be permit blocked. Any Member Entity which becomes permit blocked under SMCRA or any comparable state law shall provide written notice of such event to the other Members within five (5) days and shall take any and all actions necessary for the removal of such permit block within twenty (20) days’ provided, however, that if the permit block does not then or thereafter adversely affect the other Member(s) (by permit block or otherwise), the permit blocked entity may contest the permit block in good faith and by appropriate legal proceedings, provided further, however, that if the permit block does adversely affect the other Members (by permit block or
Applicant Violator System. Neither the Company, any of the Company Subsidiaries, nor any Person “owned or controlled” by the Company or any of the Company Subsidiaries, nor to the knowledge of the Company, any Person which “owns or controls” the Company or the Company Subsidiaries, has been notified in writing by the U.S. Office of Surface Mining or the agency of any state administering the Surface Mining Control and Reclamation Act (30 U.S.C. §§ 1201 et seq.), or any comparable state statute, that it is: (a) ineligible to receive additional surface mining permits; or (b) under investigation to determine whether their eligibility to receive such permits should be revoked, i.e., “permit blocked.” As used herein, the terms “own,” “owner,” or “ownership” and “control” or “controller” shall be defined as set forth in 30 C.F.R. § 701.5.
Applicant Violator System. (a) The parties hereto acknowledge that the Company and its subsidiaries are subject to the Applicant Violator System and the requirements for permits to conduct surface coal mining and reclamation operations ("Permits") described in 30 C.F.R. Section 773 (together with any successor statutory or regulatory provisions, "AVS"). As a result of AVS, an applicant for Permits may be denied permits ("Permit Blocked") because of ownership or control links to another entity.
(b) Each party hereto shall promptly notify the Company and the other parties hereto of (i) any change in its ownership or other event which would affect the determination of ownership or control links pursuant to AVS and (ii) any determination that an entity to which it has ownership or control links is Permit Blocked.
(c) In the event that the Company or a subsidiary becomes Permit Blocked by reason of the stock ownership of a Stockholder, such Stockholder shall use all commercially reasonable efforts to, within 180 days after notice from the Company or any other Stockholder, cure the circumstances so that the Company and its subsidiaries are not Permit Blocked by reason of such stock ownership. If such Stockholder is unable to cause such circumstances within such 180 day period, the Company shall have the option for a further 180 day period to purchase the Shares of such Stockholder at Fair Market Value with payment to be made by a subordinated note in the form attached hereto as Exhibit J. The Company shall give 60 days' notice of the exercise of such option (which 60 day period may extend beyond the 180 day cure period referenced in this Section 4.6(c)) and the valuation procedure described in Section 4.4 shall commence on the date of such notice.
(d) In the event that an entity to which a Stockholder has ownership or control links becomes Permit Blocked by reason of its ownership or control link to the Company or a Subsidiary, any Stockholder may notify the Company of such circumstance and, if the Company or such Subsidiary is unable to remedy such circumstances within 180 days after the giving of such notice, any Stockholder whose investments are Permit Blocked as a result of such circumstance shall have the right to dispose of its shares without regard to the restrictions and requirements of Sections 3.1(a), 3.4, 3.6 or 3.7.
Applicant Violator System. Each Partner represents and warrants that such Partner, and its officers, shareholders, subsidiaries, affiliates and any other entity that can be attributed to it under the "ownership and control" regulations issued by the Office of Surface Mining (collectively, "Partner Entities") are not currently permit blocked under the Surface Mining Control and Reclamation Act of 1977 ("SMCRA"). No Partner will allow to exist any violation of SMCRA or any comparable state law at any operation of a Partner Entity that would cause the other Partner or its Partner Entities to be permit blocked. Any Partner Entity which becomes permit blocked under SMCRA or any comparable state law shall provide written notice of such event to the other Partner within five (5) days and shall take any and all actions necessary for the removal of such permit block within twenty (20) days; provided, however, that if the permit block does not then or thereafter adversely affect the other Partner (by permit block or otherwise), the permit blocked entity may contest the permit block in good faith and by appropriate legal proceedings.
Applicant Violator System. No direct or indirect owner of the Borrower or the Mine, or person having any operational control of the Mine, or any other Person that could adversely affect the transfer of any of the Borrower’s rights in the Mine is listed on the Applicant Violator System.
Applicant Violator System. Neither Buyer, nor any Person “owned or controlled” by Buyer, nor to the knowledge of Buyer, any Person that “owns or controls” Buyer, has been notified in writing by the U.S. Office of Surface Mining or the agency of any state administering the Surface Mining Control and Reclamation at (30 U.S.C. §§ 1201 et seq.), or any comparable state statute, that it is: (a) ineligible to receive surface mining permits; or (b) under investigation to determine whether its eligibility to receive such permits should be revoked, i.e., “permit blocked.” As used herein, the terms “own,” “owner,” or “ownership” and “control” or “controller” shall be defined as set forth in 30 C.F.R. § 701.5.
Applicant Violator System. No Person identified on the Applicant Violator System shall at any time be an owner of the Borrower or the Mines, or have any operational control of the Mines, or otherwise have any adverse affect on the right of the Borrower to transfer its rights in the Mines.
Applicant Violator System. Neither the Parent nor Merger Sub, nor any Person “owned or controlled” by Parent or Merger Sub, nor to the knowledge of Parent, any Person that “owns or controls” the Parent or Merger Sub, has been notified in writing by the U.S. Office of Surface Mining or the agency of any state administering the Surface Mining Control and Reclamation at (30 U.S.C. §§ 1201 et seq.), or any comparable state statute, that it is: (a) ineligible to receive additional surface mining permits; or (b) under investigation to determine whether their eligibility to receive such permits should be revoked, i.e., “permit blocked.” As used herein, the terms “own,” “owner,” or “ownership” and “control” or “controller” shall be defined as set forth in 30 C.F.R. § 701.5.