Common use of Dedication of Coal Clause in Contracts

Dedication of Coal. Seller represents and warrants that it will own, lease or otherwise control a sufficient number of Tons of recoverable coal from the Mines or other mines reasonably acceptable to Keystone (the "Coal Reserves") to supply coal in accordance with the provisions of this Agreement. Seller covenants that it will not lease, convey, assign, sell, transfer or otherwise dispose of or agree to dispose of any of its interests in the Coal Reserves in any quantity which would jeopardize Seller's ability to perform under this Agreement; provided that Seller and its affiliates may grant a security interest in the Coal Reserves to any parties which provide financing to Seller or any parent, subsidiary or affiliate of Seller, upon notice to but without further consent of Keystone. Prior to the Financial Closing Date, and during the Term of this Agreement, Seller agrees to provide such information as Keystone may reasonably request, and, upon reasonable prior notice, to permit Keystone, its consultants, or representatives of any Financing Parties to inspect the Mines, to verify the representations and warranties contained in this Section 3.2. Any such inspection of the Mines shall be at the risk of the parties performing such inspection and shall be conducted under the supervision and authority of representatives of the Seller.

Dedication of Coal. Seller represents and warrants that it will own, lease or otherwise control a sufficient number of Tons of recoverable coal from the Mines or other mines reasonably acceptable to Keystone Keystone, (the "Coal Reserves") to supply coal in accordance with the provisions of this Agreement. Seller covenants that it will not lease, convey, assign, sell, transfer or otherwise dispose of or agree to dispose of any of its interests in the Coal Reserves in any quantity which would jeopardize Seller's ability to perform under this Agreement; provided that Seller and its affiliates may grant a security interest in the Coal Reserves to any parties which provide financing to Seller or any parent, subsidiary or affiliate of Seller, upon notice to but without further consent of Keystone. Prior to the Financial Closing Date, and during the Term of this Agreement, Seller agrees to provide such information as Keystone may reasonably request, and, upon reasonable prior notice, to permit Keystone, its consultants, or representatives of any Financing Parties to inspect the Mines, to verify the representations and warranties contained in this Section 3.2. Any such inspection of the Mines shall be at the risk of the parties performing such inspection and shall be conducted under the supervision and authority of representatives of the Seller.