Coal Supply Agreements. Schedule 6.01(r) sets forth a complete and accurate list of each Coal Supply Agreement to which a Credit Party is a party as of the Closing Date, including the counterparty to each such agreement. As of the Closing Date, each such Coal Supply Agreement is in full force and effect and the Credit Parties are in compliance with their obligations thereunder, except to the extent that any such failure to be in full force and effect or in compliance could not reasonably be expected individually or in the aggregate to result in a Material Adverse Effect.
Coal Supply Agreements. Each of the Coal Supply Agreements is in full force and effect. Neither Seller is in violation of or in default under (nor does there exist any condition which with the passage of time or the giving of notice or both would cause such a violation of or default under) any of the Coal Supply Agreements. No party to any of the Coal Supply Agreements has notified a Seller in writing that such party claims that Seller is in violation of or in default under (or with notice or the passage of time, or both, would be in violation or default under) any Coal Supply Agreement. No other party to any Coal Supply Agreement is in default thereof. True and complete copies of all Coal Supply Agreements have been made available to the Buyer and there are no amendments to or modifications of, or other agreements of the parties relating to, any such Coal Supply Agreements which have not been identified on the Schedule 2.01 attached hereto and such amendments and modifications have been made available to the Buyer.
Coal Supply Agreements. All Coal Supply Agreements to which the Borrower or any of its Subsidiaries is subject or by which it is bound are in full force and effect, except for any failure which individually or when taken together with all failures under all Coal Supply Agreements could not reasonably be expected to result in a Material Adverse Change.
Coal Supply Agreements. Schedule 3.18 sets forth a complete and accurate list of each Coal Supply Agreement to which the Borrower or any Subsidiary is a party as of the Effective Date, including the counterparty to each such agreement. As of the Effective Date, each such Coal Supply Agreement is in full force and effect, except to the extent that the failure to be in full force and effect could not reasonably be expected to result in a Material Adverse Effect.
Coal Supply Agreements. 48 4.23 Mines.......................................................................................... 48 4.24
Coal Supply Agreements. Schedule 4.22 sets forth a complete and accurate list of all Coal Supply Agreements to which the Borrower or any other Credit Party is a party as of the Effective Date, including the counterparty to each such agreement, which, by their terms, do not prohibit a collateral assignment thereof to the Administrative Agent for the ratable benefit of the Secured Parties or would not, upon such assignment or attempted assignment require notice to any other party thereto. As of the Effective Date, each such Coal Supply Agreement is in full force and effect, except to the extent that the failure to be in full force and effect could not reasonably be expected to have a Material Adverse Effect.
Coal Supply Agreements. At all times comply fully with all of the terms and conditions of its Coal Supply Agreements, the nonperformance with which could reasonably be expected to have a Material Adverse Effect. The Borrower and each of its Subsidiaries shall further perform any and all actions necessary to maintain all Coal Supply Agreements material to its business in full force and effect. To the extent practicable and commercially reasonable (provided that in no circumstance shall the Borrower or any of its Restricted Subsidiaries be required to incur any additional costs or impair any existing or potential business relationship), neither the Borrower nor any of its Restricted Subsidiaries shall after the Effective Date enter into any Coal Supply Agreements which do not provide that such Coal Supply Agreements are assignable to the Lenders without the consent of any other party to such Coal Supply Agreement.
Coal Supply Agreements. Borrower shall promptly give Agent notice of Borrower’s receipt of any shipment of Unacceptable Coal under the Rova I Coal Supply Agreement and/or the Rova II Coal Supply Agreement and, prior to electing to accept any such shipment of Unacceptable Coal, Borrower shall obtain the approval of Agent and the Independent Engineer; provided that in the event the Independent Engineer or Agent do not respond to such a request for approval within the later of 48 hours or one Business Day after the request has been received by the Agent and the Independent Engineer, then Borrower may elect to accept such shipment of Unacceptable Coal without obtaining the approval of the Person who did not respond to such request within such time period. Furthermore, Borrower shall, promptly upon obtaining knowledge thereof, give the Agent notice of the occurrence of any Subcontractor Default under (and as defined in) the Rova I Coal Supply Agreement and/or the Rova II Coal Supply Agreement Borrower shall, at all times after the Rova I Commercial Operations Date during the term of the Agreement, maintain at least a 15-day inventory of Subject Coal at the Rova I Facility and at the Rova II Facility.
Coal Supply Agreements. As of the Effective Date, all Coal Supply Agreements to which the Borrower or any of its Subsidiaries is subject or by which it is bound are in full force and effect, except for any failure which individually or when taken together with all failures under all Coal Supply Agreements would not reasonably be expected to result in a Material Adverse Change.
Coal Supply Agreements. See Section 7.1(t)(i)(I). Code. The Internal Revenue Code of 1986, as amended. Table of Contents Confidentiality Agreement. The Non-Disclosure Agreement dated November 23, 2010 between Seller and Buyer Parent, and any related confidentiality agreements executed by Buyer’s Affiliates, employees or representatives.
