Permit Blocking. Neither Buyer nor any of its Affiliates has been notified by the U.S. Office of Surface Mining Reclamation and Enforcement or the agency of any state administering the SMCRA that Buyer or any of its Affiliates (i) is ineligible to receive surface mining permits or (ii) is under investigation to determine whether its eligibility to receive a SMCRA permit should be revoked, and to the Knowledge of Buyer, no such notification has been threatened.
Permit Blocking. Except as set forth in the Compliance Schedule or Litigation Schedule, neither the Company nor any of its Subsidiaries has been notified in writing by the Federal Office of Surface Mining or the agency of any state administering the Surface Mining Control and Reclamation Act of 1977, as amended ("SMCRA"), or any comparable state statute, that it is (i) ineligible to receive additional surface mining permits that are material to its business; or (ii) under investigation to determine whether its eligibility to receive such permits should be revoked, i.e., "permit block," and, to the Company's Knowledge, there is no basis therefor.
Permit Blocking. None of Buyer, any Person “owned or controlled” by Buyer or any Person which “owns or controls” Buyer has been notified (and there is no Basis to believe that such notification is forthcoming) by OSM or state agency administering SMCRA or any comparable state Law, that it is: (i) ineligible to receive additional surface mining permits; or (ii) under investigation to determine whether their eligibility to receive such permits should be revoked, i.e. “permit blocked.” As used in this Agreement, the terms “owns or controls” or “owned or controlled” shall be defined as set forth in 30 C.F.R. §773.5.
Permit Blocking. Purchaser has not been notified by the U.S. Office of Surface Mining Reclamation and Enforcement or by the New Mexico Mining and Minerals Division, that Purchaser (i) is ineligible to receive surface mining permits or (ii) is under investigation to determine whether its eligibility to receive a SMCRA Permit (or any equivalent permits under any state programs authorized pursuant to SMCRA) should be revoked, and to the Knowledge of Purchaser, no such notification has been threatened.
Permit Blocking. Neither Purchaser, any Affiliate of Purchaser, any --------------- Person "owned or controlled" by Purchaser nor any of its Affiliates, or any Person which "owns or controls" Purchaser or any of its Affiliates has been notified by the Federal Office of Surface Mining or the agency of any state administering the Surface Mining Control and Reclamation Act (30 U.S.C. (S)(S) 1201 et seq.), or any comparable state statute, that it is: (i) -- --- ineligible to receive additional surface mining permits; or (ii) under investigation to determine whether their eligibility to receive such permits should be revoked, i.e., "permit blocked." As used herein, the terms "owned or ---- controlled" and "owns or controls" shall be defined as set forth in 30 C.F.R. (S)773.5 (1991
Permit Blocking. None of the Shareholders, the Company, or any --------------- Person "owned or controlled" by the Shareholders, the Company, or any Person which "owns or controls" the Company has been notified by the Federal Office of Surface Mining or the agency of any state administering the Surface Mining Control and Reclamation Act (30 U.S.C. " 1201 et seq.) (or any comparable state statute), that it is (i) ineligible to receive additional surface mining permits; or (ii) under investigation to determine whether their eligibility to receive such permits should be revoked, i.e., "permit blocked." As used herein, the terms "owned or controlled" and "owns or controls" shall be defined as set forth in 30 C.F.R. '773.5 (1991).
Permit Blocking. To the Knowledge of Buyer, there is no block or punitive legal limitation on the ability of Buyer or any of its Affiliates to apply for or obtain any Permit under any Environmental Law.
Permit Blocking. 25 SECTION 4.25 Section 6 of the Joint Development Agreement..........................................25 SECTION 4.26 Takeover Provisions Inapplicable......................................................25
Permit Blocking. Neither the Contributors nor Triton has been notified (nor is there any pending or threatened notification) by the United States Office of Surface Mining, Reclamation and Enforcement or the agency of any state administering the Surface Mining Control and Reclamation Act, as amended, 30 U.S.C. ss. 1201, et seq., any rule or regulation promulgated thereunder, and any similar state law or regulation ("SMCRA") that such Contributor or Triton is (i) ineligible to receive surface mining permits, or (ii) under investigation to determine whether its eligibility to receive a SMCRA permit should be revoked, or (iii) otherwise permit blocked.
Permit Blocking. None of the Atlas Entities have been notified (nor is there any pending or threatened notification) by the United States Office of Surface Mining, Reclamation and Enforcement or the agency of any state administering the SMCRA that any of the Atlas Entities is (i) ineligible to receive surface mining permits, or (ii) under investigation to determine whether its eligibility to receive a SMCRA permit should be revoked, or (iii) otherwise permit blocked.
