Organization and Qualification; Power and Authority; Compliance With Laws. Title to Properties; Event of Default 48 6.1.2 Subsidiaries and Owners; Investment Companies 48 6.1.3 Validity and Binding Effect 49
Organization and Qualification; Power and Authority; Compliance With Laws. Title to Properties; Event of Default
Organization and Qualification; Power and Authority; Compliance With Laws. Title to Properties; Event of Default 80 6.2 Loan Parties; Subsidiaries and Owners; Investment Companies 81 6.3 Validity and Binding Effect 81 6.4 No Conflict; Material Agreements; Consents 81 6.5 Litigation 82 6.6 Financial Statements 82 6.7 No Material Adverse Change 82 6.8 Margin Stock 82 6.9 Full Disclosure 82 6.10 Taxes 83 6.11 Intellectual Property 83 6.12 Ownership of Property; Liens in the Collateral 83 6.13 Insurance 84 6.14 ERISA Compliance 84 6.15 Environmental Matters 84 6.16 Solvency 85 6.17 Sanctions and other Anti-Terrorism Laws 85 6.18 Anti-Corruption Laws 85 6.19 Certificate of Beneficial Ownership 85 6.20 No Affected Financial Institutions 85 6.21 Surety Obligations 86 6.22 Subordination of Subordinated Debt 86 6.23 No Casualty 86 Article 7 CONDITIONS OF LENDING AND ISSUANCE OF LETTERS OF CREDIT 86 7.1 Conditions to Effectiveness 86 7.2 Conditions to Funding Date 87 7.3 Each Loan or Letter of Credit 89 Article 8 AFFIRMATIVE COVENANTS 89 8.1 Preservation of Existence, Etc 89 8.2 Payment of Liabilities, Including Taxes, Etc 90 8.3 Maintenance of Insurance 90 8.4 Maintenance of Properties and Leases 90 8.5 Inspection Rights 90 8.6 Keeping of Records and Books of Account 90 8.7 Compliance with Laws; Use of Proceeds 91 8.8 Additional Subsidiaries; Further Assurances 91 8.9 Sanctions and other Anti-Terrorism Laws 93 8.10 Keepwell 93 8.11 Reporting Requirements 94 8.12 Certificates; Notices; Additional Information 94 8.13 Certificate of Beneficial Ownership and Other Additional Information 96 8.14 Post-Closing Covenant 96 Article 9 NEGATIVE COVENANTS 97 9.1 Indebtedness 97 9.2 Liens 99 Page
Organization and Qualification; Power and Authority; Compliance With Laws. Title to Properties; Event of Default. 52 6.1.2. Subsidiaries and Owners. 53 6.1.3. Investment Companies. 53 6.1.4. Validity and Binding Effect. 53 6.1.5. No Conflict; Material Agreements; Consents. 53 6.1.6. Litigation. 53 6.1.7. Financial Statements. 54 6.1.8. Margin Stock. 54 6.1.9. Full Disclosure. 54 6.1.10. Taxes. 55 6.1.11. Patents, Trademarks, Copyrights, Licenses, Etc. 55 6.1.12. Insurance. 55 6.1.13. ERISA Compliance. 55 6.1.14. Environmental Matters. 56 6.1.15. Labor Matters. 56 6.1.16. Solvency. 56 6.1.17. Anti-Money Laundering/International Trade Law Compliance. 56 6.1.18. Anti-Corruption. 56
Organization and Qualification; Power and Authority; Compliance With Laws. Title to Properties; Event of Default 68 5.1.2 Capitalization; Subsidiaries; Investment Companies 69 5.1.3 Validity and Binding Effect 69 5.1.4 No Conflict; Material Agreements; Consents 69 5.1.5 Litigation 70 5.1.6 Financial Statements 70
Organization and Qualification; Power and Authority; Compliance With Laws. Title to Properties; Event of Default 49 6.1.2 Subsidiaries and Owners; Investment Companies 50 6.1.3 Validity and Binding Effect 50 6.1.4 No Conflict; Material Agreements; Consents 50 6.1.5 Litigation 50 6.1.6 Financial Statements 51 6.1.7 Margin Stock 51 6.1.8 Full Disclosure 51 6.1.9 Taxes 52 6.1.10 Patents, Trademarks, Copyrights, Licenses, Etc. 52 6.1.11 Liens in the Collateral 52 6.1.12 Insurance 52 6.1.13 ERISA Compliance 52 6.1.14 Environmental Matters 53 6.1.15 Solvency 53 6.1.16 Coal Act; Black Lung Act 53 6.1.17 Bonding Capacity 54 6.1.18 Permit Blockage 54 6.1.19 Xxxxxxxxx Land Company and Elk Creek, L.P 54 6.1.20 Vendor Liens. No default exists with respect to any of the Vendor Liens 54 6.2 Updates to Schedules 54
Organization and Qualification; Power and Authority; Compliance With Laws. Title to Properties; Event of Default 48 5.1.2 Subsidiaries and Owners; Investment Companies 48 5.1.3 Validity and Binding Effect 49 5.1.4 No Conflict; Material Agreements; Consents 49 5.1.5 Litigation 49 5.1.6 Financial Statements 50 5.1.7 Margin Stock 50 5.1.8 Full Disclosure 50 5.1.9 Taxes 50 5.1.10 Patents, Trademarks, Copyrights, Licenses, Etc. 51
Organization and Qualification; Power and Authority; Compliance With Laws. Title to Properties; Event of Default. 62 6.1.2 Subsidiaries and Owners; Investment Companies. 63 6.1.3 Xxxxxxxx and Binding Effect. 63 6.1.4 No Conflict; Material Agreements; Consents. 63 6.1.5 Litigation. 64 6.1.6 Financial Statements. 64 6.1.7 Margin Stock. 64 6.1.8 Full Disclosure. 65 6.1.9 Taxes. 65 6.1.10 Patents, Trademarks, Copyrights, Licenses, Etc. 65 6.1.11 Liens in the Collateral. 65 6.1.12 Accounts. 65 6.1.13 Inventory. 66 6.1.14 Insurance. 66 6.1.15 ERISA Compliance. 66 6.1.16 Environmental Matters. 67 6.1.17 Solvency. 67 6.1.18 Coal Act; Black Lung Act. 67 6.1.19 Bonding Capacity. 67 6.1.20 Permit Blockage. 67 6.1.21 Xxxxxxxxx Energy, Inc. 68 6.1.22 Excluded Subsidiaries. 68
Organization and Qualification; Power and Authority; Compliance With Laws. Subsidiaries and Owners of Borrower; Investment Companies; Regulated Entities
Organization and Qualification; Power and Authority; Compliance With Laws. Title to Properties; Event of Default 49 6.1.2 Subsidiaries and Owners; Investment Companies 50 6.1.3 Validity and Binding Effect 50 6.1.4 No Conflict; Material Agreements; Consents 50 6.1.5 Litigation 51 6.1.6 Financial Statements 51 6.1.7 Margin Stock 51 6.1.8 Full Disclosure 52 6.1.9 Taxes 52 6.1.10 Patents, Trademarks, Copyrights, Licenses, Etc. 52 6.1.11 Liens in the Collateral 52 6.1.12 Insurance 52 6.1.13 ERISA Compliance 52 6.1.14 Environmental Matters 53 6.1.15 Solvency 53 6.2 Updates to Schedules 53 7. CONDITIONS OF LENDING AND ISSUANCE OF LETTERS OF CREDIT 53 7.1 First Loans and Letters of Credit 53 7.1.1 Deliveries 53 7.1.2 Payment of Fees 55 7.2 Each Loan or Letter of Credit 55 8. COVENANTS 55 8.1 Affirmative Covenants 55
