Common use of Business of the Borrower and the Subsidiaries Clause in Contracts

Business of the Borrower and the Subsidiaries. (a) Notwithstanding any other provisions hereof, engage at any time in any material business or business activity other than a Permitted Business, except where the failure to comply with this Section 6.08(a) would not reasonably be expected to have a Material Adverse Effect. (b) Notwithstanding any other provision of this Agreement, no Subsidiary that is a Special Purpose Receivables Subsidiary shall engage in any business or business activity other than a Permitted Receivables Financing and any business or business activities incidental or related thereto.

Appears in 4 contracts

Samples: Amendment Agreement (Alpha Natural Resources, Inc.), Credit Agreement (Alpha Natural Resources, Inc.), Credit Agreement (Massey Energy Co)

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