Compliance with Laws; Mining Permits Clause Samples

Compliance with Laws; Mining Permits. (a) Except as set forth in Section 3.11(a) of the Seller Disclosure Schedule, the Company and its Subsidiaries have complied since December 31, 2012, and are in compliance, in all material respects, with all applicable Laws. (b) Each of the Company and its Subsidiaries holds and is in material compliance with all permits required for the conduct of its Business, as currently conducted and as contemplated to be conducted under the Mine Plan, pursuant to the Surface Mining Control and Reclamation Act of 1977, as amended, or pursuant to an equivalent state law regulating surface mining pursuant to the provisions of 30 U.S.C. § 1253 (collectively, the “Surface Mining Laws”), including the mining plans with respect to reclamation, coal processing and related activities as submitted to the Office of Surface Mining or any state equivalent agency having jurisdiction over a state program granted primacy under the provisions of 30 U.S.C. § 1253 (the “Surface Mining Enforcement Agency”) (all such permits being referred to herein as the “Coal Mining Permits”). All of the Coal Mining Permits and all pending Coal Mining Permit applications for each of the Company and its Subsidiaries are listed on Section 3.11(b) of the Seller Disclosure Schedule and the Coal Mining Permits have been validly issued, are final and have not been revoked. (c) All applications required to have been filed for the renewal of the Coal Mining Permits have been duly filed on a timely basis with the appropriate Surface Mining Enforcement Agency, and all other material filings required to have been made with respect to such Coal Mining Permits have been duly made on a timely basis with the appropriate Surface Mining Enforcement Agency. Except as set forth in Section 3.11(c) of the Seller Disclosure Schedule, neither the Company or any of its Subsidiaries nor Seller has received any written notice nor, to the Knowledge of Seller, any oral notice, from any Surface Mining Enforcement Agency that states that any of the pending Coal Mining Permit applications subject to the authority of such agency will not be granted without material amendments or modifications. (d) Except as set forth in Section 3.11(d) of the Seller Disclosure Schedule, no proceeding is pending or, to the Knowledge of Seller, threatened that is reasonably likely to result in the suspension, revocation or limitation of any of the Coal Mining Permits. Neither the Company or any of its Subsidiaries nor any Person who, either alone or t...