Defaults or Breach a. The occurrence of any one (1) of the following events shall constitute a Default or Breach under the terms of this Lease:
Defaults or Breach. To the knowledge of Sellers, as of the Effective Date, Encoal is not, and as of the Closing Date Encoal will not be, in default under any contract or agreement, or under any order or decree of any court which would have a material adverse effect on Sellers' execution, delivery or performance of this Agreement or the consummation of the transactions contemplated hereby. To the knowledge of Sellers, there are no actions or proceedings pending or threatened against Encoal as of the date hereof, except for any and all liabilities associated with the Seven & Seven EPA designated cleanup site near Wooster, Ohio, and neither the execution and delivery of this Agreement nor the consummation of the transactions herein contemplated will conflict with, result in the breach of, or accelerate the performance required by any contract or agreement to which Encoal or Sellers are now a party. To the knowledge of Sellers, as of the Effective Date, NuCoal is not, and as of the Closing Date NuCoal will not be, in default under any contract or agreement, or under an order or decree of any court which would have a material adverse effect on Sellers' execution, delivery or performance of this Agreement or the consummation of the transactions contemplated hereby. To the knowledge of Sellers, there are no actions or proceedings pending or threatened against NuCoal as of the date hereof, and neither the execution and delivery of this Agreement nor the consummation of the transaction herein contemplated will conflict with, result in the breach of, or accelerate the performance required by any contract or agreement to which NuCoal or Sellers are now a party.
