Mining Facilities Sample Clauses

Mining Facilities. Each of the Company and each Subsidiary Guarantor has an undivided fee simple title to the real property interest (including interests in surface and/or coal mining rights) or a leasehold interest in an undivided interest in the real property interest (including interests in surface and/or coal mining rights) together with no less than those real properties, easements, licenses, privileges, rights and appurtenances as are necessary to mine, remove, process and transport coal in the manner operated at such time (subject only to Permitted Encumbrances and such other Liens as permitted by the Collateral Documents) to all active Mining Facilities covered by outstanding permits, approvals, consents, franchises, licenses or similar authorizations issued by a Governmental Authority to the Company or such Subsidiary Guarantor to the extent necessary to conduct its business as currently conducted and to utilize such properties for their intended purpose. Schedule 5.25 accurately describes in all material respects all Mining Facilities owned, leased or operated by the Company and its Subsidiaries as of the date of the First Amendment, including the location of such Mining Facilities and indicates which Mining Facilities are active or inactive. Neither the Company nor any of its Subsidiaries own, as of the date of the First Amendment, support operations that are material to the operation of the active Mining Facilities that are not listed on the portion of Schedule 5.26 labeled “Other” (the properties labeled “Other” on such Schedule 5.26, collectively, the “Other Facilities”).

Mining Facilities. Subject to the terms of the Transaction Agreements, EMMR shall have the right (at its sole expense) to construct, erect, maintain and use, such existing or future buildings, plants, mining facilities, offices, equipment, machinery, ventilation facilities, processing and refining facilities, electrical lines, water lines, pumps, tanks, sewer lines, reservoirs, flood control structures, xxxxx, pipelines, roads, haulage ways, beltways, conveyors, scales, screens, loading facilities, rail lines, and other similar equipment, improvements and facilities as necessary or appropriate to conduct Above-Ground Mining Activities (collectively, the “Mining Facilities”), including existing Mining Facilities on or that serve the Mining Properties, and the Parties shall in good faith negotiate and enter into such joint use agreements from time to time as may be necessary or appropriate regarding certain Mining Facilities, provided that: (a) unless otherwise agreed by the Parties, such Mining Facilities are not used in connection with the Project or its development; (b) the construction, erection, maintenance and use of such Mining Facilities will not result in Project Interference as provided in this Agreement; and (c) any permanent Mining Facilities outside of the Project Boundaries shall be subject to the prior written approval of KEM, which approval shall not be unreasonably withheld, conditioned or delayed and such facilities may be included in a Mining Plan. EMMR shall maintain insurance coverage for all Mining Facilities that it actually uses in a Miner Like Manner.