Common use of Consents Related to Leaseholds Concerning Material Real Property Clause in Contracts

Consents Related to Leaseholds Concerning Material Real Property. With respect to the acquisition of any leasehold interest by any Restricted Subsidiary that would constitute Material Real Property but for the need to obtain the consent of another Person (other than the Borrower or any Controlled Subsidiary) in order to grant a security interest therein, use commercially reasonable efforts to obtain such consent within the 120 day period commencing on the date of the notification provided pursuant to Section 6.16(d)(i), provided that there shall be no requirement to pay any sums to the applicable lessor other than customary legal fees and administrative expenses (it is understood, for avoidance of doubt, that, without limiting the foregoing obligations of the Borrower set forth in this Section 6.16(d)(iii), any failure to grant a security interest in any such leasehold interest as a result of a failure to obtain a consent shall not be a Default hereunder, and, for avoidance of doubt, the Borrower and its Restricted Subsidiaries shall no longer be required to use commercially reasonable efforts to obtain any such consent after such above-mentioned time period to obtain a consent has elapsed).

Appears in 2 contracts

Samples: Credit Agreement (Peabody Energy Corp), Credit Agreement (Peabody Energy Corp)

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Consents Related to Leaseholds Concerning Material Real Property. With respect to the acquisition of any leasehold interest by of any Restricted Subsidiary Loan Party that would constitute Material Real Property but for the need to obtain the consent of another Person (other than the Borrower or any Controlled Subsidiary) in order to grant a security interest therein, use commercially reasonable efforts to obtain such consent within for no more than (x) the 120 day period commencing on 90 days following such acquisition and (y) 150 days following the date of the notification provided pursuant to Section 6.16(d)(i)Closing Date, provided that there nothing herein shall be no requirement construed as requiring any Loan Party to pay any sums to the applicable lessor other than customary legal immaterial or incidental fees and administrative expenses (it is understood, for avoidance of doubt, that, without limiting the foregoing obligations of the Borrower Loan Parties set forth in this Section 6.16(d)(iii6.16(b)(ii), any failure to grant a security interest in any such leasehold interest as a result of a failure to obtain a consent shall not be a Default hereunder, and, for the avoidance of doubt, the Borrower and its Restricted Subsidiaries Loan Parties shall no longer be required to use commercially reasonable efforts to obtain any such consent after such the above-mentioned time period to obtain a consent has elapsedperiods).

Appears in 1 contract

Samples: Credit Agreement (Contura Energy, Inc.)

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Consents Related to Leaseholds Concerning Material Real Property. With respect to the acquisition of any leasehold interest by of any Restricted Subsidiary Loan Party that would constitute Material Real Property but for the need to obtain the consent of another Person (other than the Borrower Borrowers or any Controlled Subsidiary) in order to grant a security interest therein, use commercially reasonable efforts to obtain such consent within for no more than (x) the 120 day period commencing on 90 days following such acquisition and (y) 150 days following the date of the notification provided pursuant to Section 6.16(d)(i)Closing Date, provided that there nothing herein shall be no requirement construed as requiring any Loan Party to pay any sums to the applicable lessor other than customary legal immaterial or incidental fees and administrative expenses (it is understood, for avoidance of doubt, that, without limiting the foregoing obligations of the Borrower Loan Parties set forth in this Section 6.16(d)(iii6.16(b)(ii), any failure to grant a security interest in any such leasehold interest as a result of a failure to obtain a consent shall not be a Default hereunder, and, for the avoidance of doubt, the Borrower and its Restricted Subsidiaries Loan Parties shall no longer be required to use commercially reasonable efforts to obtain any such consent after such the above-mentioned time period to obtain a consent has elapsedperiods).

Appears in 1 contract

Samples: Credit Agreement (Contura Energy, Inc.)

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