Common use of Mining Operations and Mineheads Clause in Contracts

Mining Operations and Mineheads. The Company 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 hereto, (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 (for the benefit of the Purchasers) in the Pool Assets pursuant to this Agreement, in each case in form and substance satisfactory to the Administrator and (iii) deliver to the Administrator and each Purchaser Agent an updated Schedule V hereto 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 hereto as of such date of determination shall be an Eligible Receivable until such time as each condition under this clause (j) shall have been satisfied (and upon such satisfaction, this Agreement shall be deemed amended to reflect such updated Schedule V hereto). 2.6 The following new Section 6.1(k) is added to the Agreement immediately following new Section 6.1(j):

Mining Operations and Mineheads. The Company shall (and shall cause each applicable Originator to) promptlyPromptly, and in any event within 30 days of any change, deletion or addition to the location of any such Originator’s mining operations Mined Properties or mineheads set forth on Schedule V 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 to financing statements, mortgages or other instruments, if any, statements necessary to preserve and maintain the perfection and priority of each of the security interest interests in the Receivables, in favor of the TransferorBuyer, Seller the Borrower, and Administrator Administrative Agent (for the benefit of the Purchasers) in the Pool Assets Secured Parties), created pursuant to this the Sale Agreements and the Receivables Financing Agreement, as applicable, in each case in form and substance satisfactory to the Administrator Administrative Agent and (iii) deliver to the Administrator Buyer and each Purchaser Administrative Agent an updated Schedule V hereto 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 hereto as of such date of determination shall be an Eligible Receivable until such time as each condition under this clause (j) shall have been satisfied (and upon such satisfaction, this Agreement shall be deemed amended to reflect such updated Schedule V hereto). 2.6 The following new Section 6.1(k) is added to the Agreement immediately following new Section 6.1(j):

Mining Operations and Mineheads. The Company 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 such Originator’s mining operations Mined Properties or mineheads set forth on Schedule V 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 (for the benefit of the Purchasers) in the Pool Assets Secured Parties), 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 hereto 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 hereto as of such date of determination shall be an Eligible Receivable until such time as each condition under this clause (jv) shall have been satisfied (and upon such satisfaction, this Agreement shall be deemed amended to reflect such updated Schedule V hereto)satisfied. 2.6 The following new Section 6.1(k) is added to the Agreement immediately following new Section 6.1(j):

Mining Operations and Mineheads. The Company 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 such Sub-Originator’s mining operations Mined Properties or mineheads set forth on Schedule V heretoIV to the 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 (for the benefit of the Purchasers) in the Pool Assets Secured Parties), created pursuant to this Agreement and the Receivables Financing Agreement, as applicable, in each case in form and substance satisfactory to the Administrator Administrative Agent and (iii) deliver to the Administrator Buyer and each Purchaser Administrative Agent an updated Schedule V hereto IV to the Receivables Financing 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 hereto IV to the Receivables Financing Agreement as of such date of determination shall be an Eligible Receivable until such time as each condition under this clause (jv) shall have been satisfied (and upon such satisfaction, satisfied. The non-filing of Local-Level Financing Statements with respect to any Exception Mines shall not be a violation of this Agreement shall be deemed amended to reflect such updated Schedule V hereto)clause. 2.6 The following new Section 6.1(k) is added to the Agreement immediately following new Section 6.1(j):

Mining Operations and Mineheads. The Company shall (and shall cause each applicable Originator to) promptlyPromptly, and in any event within 30 days of any change, deletion or addition to the location of any such Originator’s mining operations Mined Properties or mineheads set forth on Schedule V 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 to financing statements, mortgages or other instruments, if any, statements necessary to preserve and maintain the perfection and priority of each of the security interest interests in the Receivables, in favor of the Transferor, Seller Buyer and Administrator Administrative Agent (for the benefit of the Purchasers) in the Pool Assets Secured Parties), created pursuant to this Agreement and the Receivables Financing Agreement, as applicable, in each case in form and substance satisfactory to the Administrator Administrative Agent and (iii) deliver to the Administrator Buyer and each Purchaser Administrative Agent an updated Schedule V hereto 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 hereto as of such date of determination shall be an Eligible Receivable until such time as each condition under this clause (jl) shall have been satisfied (and upon such satisfaction, this Agreement shall be deemed amended to reflect such updated Schedule V hereto). 2.6 The following new Section 6.1(k) is added to the Agreement immediately following new Section 6.1(j):

Mining Operations and Mineheads. The Company 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 such Originator’s mining operations Mined Properties or mineheads set forth on Schedule V VI 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 (for the benefit of the Purchasers) in the Pool Assets Secured Parties), 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 VI hereto 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 VI hereto as of such date of determination shall be an Eligible Receivable until such time as each condition under this clause (jv) shall have been satisfied (and upon such satisfaction, this Agreement shall be deemed amended to reflect such updated Schedule V hereto)satisfied. 2.6 The following new Section 6.1(k) is added to the Agreement immediately following new Section 6.1(j):