Common use of Mining Operations and Mineheads Clause in Contracts

Mining Operations and Mineheads. The Servicer shall (and shall cause each applicable Originator to) promptly, and in any event within 30 days of any change, deletion or addition to the location of any Originator’s mining operations or mineheads set forth on Schedule V to the Purchase and Sale Agreement, (i) notify the Administrator and each Purchaser Agent of such change, deletion or addition, (ii) cause the filing or recording of such financing statements and amendments and/or releases to financing statements, mortgages or other instruments, if any, necessary to preserve and maintain the perfection and priority of the security interest of the Transferor, Seller and Administrator (on behalf of the Secured Parties) in the Pool Assets pursuant to this Agreement, in each case in form and substance reasonably satisfactory to the Administrator and (iii) deliver to the Administrator and each Purchaser Agent an updated Schedule V to the Purchase and Sale Agreement reflecting such change, deletion or addition; it being understood that no Receivable the related location of mining operations and/or mineheads of which is not as set forth on Schedule V to the Purchase and Sale Agreement as of the Closing Date shall be an Eligible Receivable until such time as each condition under this clause (g) shall have been satisfied (and upon such satisfaction, the Purchase and Sale Agreement shall be deemed amended to reflect such updated Schedule V to the Purchase and Sale Agreement).

Appears in 3 contracts

Samples: Receivables Purchase Agreement (Arch Coal Inc), Receivables Purchase Agreement (Arch Coal Inc), Receivables Purchase Agreement (Arch Coal Inc)

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Mining Operations and Mineheads. The Servicer shall (and shall cause each applicable Originator to) promptly, and in any event within 30 10 days of any change, deletion or addition to the location of any Originator’s mining operations Mining Properties or mineheads set forth on Schedule V to the Purchase and Sale Agreement, (i) notify the Administrator and each Purchaser Administrative Agent of such change, deletion or addition, (ii) cause the filing or recording of such financing statements and amendments and/or releases to financing statements, mortgages or other instruments, if any, necessary to preserve and maintain the perfection and priority of the ownership and security interest interests of the Transferor, Seller Borrower and Administrator (on behalf of the Secured Parties) Administrative Agent in the Pool Assets Collateral pursuant to the Purchase and Sale Agreement and this Agreement, in each case in form and substance reasonably satisfactory to the Administrator Administrative Agent and (iii) deliver to the Administrator and each Purchaser Administrative Agent an updated Schedule V to the Purchase and Sale Agreement reflecting such change, deletion or addition; it being understood that no Receivable the related location of mining operations and/or mineheads of which is not as set forth on Schedule V to the Purchase and Sale Agreement as of the Closing Date shall be an Eligible Receivable until such time as each condition under this clause (g) shall have been satisfied (and upon such satisfaction, the Purchase and Sale Agreement shall be deemed amended to reflect such updated Schedule V to the Purchase and Sale Agreement).

Appears in 2 contracts

Samples: Receivables Financing Agreement (Foresight Energy LP), Receivables Financing Agreement (Foresight Energy LP)

Mining Operations and Mineheads. The Servicer shall (and shall cause each applicable Originator to) promptlyPromptly, and in any event within 30 days 5 Business Days of any change, deletion or addition to the location of any the Sub-Originator’s mining operations Mined Properties or mineheads set forth on Schedule V to the Purchase and Sale AgreementVI hereto, (i) notify the Administrator Buyer and each Purchaser Administrative Agent of such change, deletion or addition, (ii) cause the filing or recording of such financing statements and amendments and/or releases release to financing statements, statements mortgages or other instruments, if any, necessary to preserve and maintain the perfection and priority of each of the security interest interests in the Receivables and the Related Rights, in favor of the Transferor, Seller Buyer and Administrator Administrative Agent (on behalf for the benefit of the Secured Parties) in the Pool Assets ), created pursuant to this Agreement, the Purchase and Sale Agreement and the Receivables Financing Agreement, as applicable, in each case in form and substance reasonably satisfactory to the Administrator Administrative Agent and (iii) deliver to the Administrator Buyer and each Purchaser Administrative Agent an updated Schedule V to the Purchase and Sale Agreement VI hereto reflecting such change, deletion or addition; it being understood that no Receivable Receivable, the related location of mining operations and/or mineheads of which is not as set forth on Schedule V to the Purchase and Sale Agreement VI hereto as of the Closing Date such date of determination shall be an Eligible Receivable until such time as each condition under this clause (gv) shall have been satisfied (and upon such satisfaction, the Purchase and Sale Agreement shall be deemed amended to reflect such updated Schedule V to the Purchase and Sale Agreement)satisfied.

Appears in 2 contracts

Samples: Sub Originator Sale Agreement (CONSOL Energy Inc.), Sub Originator Sale Agreement (CONSOL Coal Resources LP)

Mining Operations and Mineheads. The Servicer Such Originator shall (and shall cause each applicable Originator the Servicer to) promptly, and in any event within 30 days of any change, deletion or addition to the location of any OriginatorTransferor’s mining operations or mineheads set forth on Schedule V to the Purchase and Sale AgreementII, (i) notify the Company, the Administrator (as the Company’s assignee) and each Purchaser Agent of such change, deletion or addition, (ii) cause the filing or recording of such financing statements and amendments and/or releases to financing statements, mortgages or other instruments, if any, necessary to preserve and maintain the perfection and priority of the security interest of the TransferorOriginator, Seller and Administrator (on behalf of the Secured PartiesPurchasers) in the Pool Assets Receivables and Related Rights pursuant to this Agreement, in each case in form and substance reasonably satisfactory to the Administrator and (iii) deliver to the Administrator and each Purchaser Agent an updated Schedule V to the Purchase and Sale Agreement II reflecting such change, deletion or addition; it being understood that no Receivable the related location of mining operations and/or mineheads of which is not as set forth on Schedule V to the Purchase and Sale Agreement II as of the Closing Date shall be an Eligible Receivable until such time as each condition under this clause (gk) shall have been satisfied and the Seller has obtained the written consent of the Administrator and each Purchaser Agent (and upon such satisfactionsatisfaction and written consent, the Purchase and Sale Agreement shall be deemed amended to reflect such updated Schedule V to the Purchase and Sale AgreementII).

Appears in 1 contract

Samples: Purchase and Sale Agreement (Patriot Coal CORP)

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Mining Operations and Mineheads. The Servicer shall (and shall cause each applicable Originator to) promptlyPromptly, and in any event within 30 15 days of any change, deletion or addition to the location of any the Originator’s mining operations or such Sub-Originator’s Mined Properties or mineheads set forth on Schedule V IV to the Purchase and Sale Receivables Financing Agreement, (i) notify the Administrator Buyer and each Purchaser Administrative Agent of such change, deletion or addition, (ii) cause the filing or recording of such financing statements and amendments and/or releases release to financing statements, statements mortgages or other instruments, if any, necessary to preserve and maintain the perfection and priority of each of the security interest interests in the Receivables and the Related Rights, in favor of the Transferor, Seller Buyer and Administrator Administrative Agent (on behalf for the benefit of the Secured Parties) in the Pool Assets ), created pursuant to this Agreement and the Receivables Financing Agreement, as applicable, in each case in form and substance reasonably satisfactory to the Administrator Administrative Agent and (iii) deliver to the Administrator Buyer and each Purchaser Administrative Agent an updated Schedule V IV to the Purchase and Sale Receivables Financing Agreement reflecting such change, deletion or addition; it being understood that no Receivable Receivable, the related location of mining operations and/or mineheads of which is not as set forth on Schedule V IV to the Purchase and Sale Receivables Financing Agreement as of the Closing Date such date of determination, shall be an Eligible Receivable until such time as each condition under this clause (gv) shall have been satisfied (and upon such satisfaction, the Purchase and Sale Agreement satisfied. The non-filing of Local-Level Financing Statements with respect to any Exception Mines shall not be deemed amended to reflect such updated Schedule V to the Purchase and Sale Agreement)a violation of this clause.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Covia Holdings Corp)

Mining Operations and Mineheads. The Servicer shall (and shall cause each applicable Originator to) promptly, and in any event within 30 days of any change, deletion or addition to the location of any Originator’s mining operations or mineheads set forth on Schedule V to the Purchase and Sale Agreement, (i) notify the Administrator and each Purchaser Agent of such change, deletion or addition, (ii) cause the filing or recording of such financing statements and amendments and/or releases to financing statements, mortgages or other instruments, if any, necessary to preserve and maintain the perfection and priority of the security interest of the Transferor, Seller and Administrator (on behalf of the Secured PartiesPurchasers) in the Pool Assets pursuant to this Agreement, in each case in form and substance reasonably satisfactory to the Administrator and (iii) deliver to the Administrator and each Purchaser Agent an updated Schedule V to the Purchase and Sale Agreement reflecting such change, deletion or addition; it being understood that no Receivable the related location of mining operations and/or mineheads of which is not as set forth on Schedule V to the Purchase and Sale Agreement as of the Closing Date shall be an Eligible Receivable until such time as each condition under this clause (g) shall have been satisfied (and upon such satisfaction, the Purchase and Sale Agreement shall be deemed amended to reflect such updated Schedule V to the Purchase and Sale Agreement).

Appears in 1 contract

Samples: Receivables Purchase Agreement (Arch Coal Inc)

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