Deliveries to Seller. Buyer shall deliver, or cause to be delivered, to Seller: (i) The Cash Payment; (ii) The Note; (iii) The Overriding Royalty Agreement and Short Form Memorandum thereof; (iv) The Mortgage and the UCC-1 Financing Statement (as-extracted collateral); and (v) Short Form Memorandums of the Xxxxxx #9 Sublease, Cyprus Creek & Xxxxxx #9 Lease and Sublease, and Cyprus Creek #9 Lease. Each of the foregoing actions shall be deemed to have occurred simultaneously at the Closing and unless each of such actions is taken, none of the other actions shall be taken or be deemed to have been taken, and any acts which may have been performed in respect thereof shall be cancelled and treated as if void and of no force and effect.
Appears in 5 contracts
Samples: Asset Purchase Agreement (Armstrong Coal Company, Inc.), Asset Purchase Agreement (Armstrong Energy, Inc.), Asset Purchase Agreement (Armstrong Energy, Inc.)
