Security and Intercreditor Agreement Governs Clause Samples
Security and Intercreditor Agreement Governs. Notwithstanding anything herein to the contrary, the Lien and security interest granted to the Administrative Agent pursuant to the Loan Documents and the exercise of any right or remedy by the Administrative Agent under any Loan Document with respect to the Collateral are subject to the provisions of the Security and Intercreditor Agreement, In the event of any conflict between the terms of the Security and Intercreditor Agreement and this Agreement with respect to such matters, the terms of the Security and Intercreditor Agreement shall govern. Each of the Lenders hereby authorizes and directs the Administrative Agent to enter into the Security and Intercreditor Agreement on behalf of such Lender and agrees that the Administrative Agent in its various capacities thereunder may take such actions on its behalf as is contemplated by the terms of the Security and Intercreditor Agreement. ALPHA NATURAL RESOURCES, INC., as the Borrower BY: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ NAME: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ TITLE: Executive Vice President & Chief Financial and Strategy Officer GUARANTORS: ALPHA AMERICAN COAL COMPANY, LLC THUNDER MINING COMPANY II, INC. ALEX ENERGY, INC. ALPHA AMERICAN COAL HOLDING, LLC ALPHA APPALACHIA HOLDINGS, INC. ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ SERVICES, INC. ALPHA COAL RESOURCES COMPANY, LLC ALPHA COAL SALES CO., LLC ALPHA COAL WEST, INC. ALPHA EUROPEAN SALES, INC. ALPHA INDIA, LLC ALPHA LAND AND RESERVES, LLC ALPHA MIDWEST HOLDING COMPANY ALPHA NATURAL RESOURCES, LLC ALPHA NATURAL RESOURCES INTERNATIONAL, LLC ALPHA NATURAL RESOURCES SERVICES, LLC ALPHA PA COAL TERMINAL, LLC ALPHA SHIPPING AND CHARTERING, LLC ALPHA SUB EIGHT, LLC ALPHA SUB ELEVEN, INC. ALPHA SUB NINE, LLC ALPHA SUB ONE, LLC ALPHA SUB TEN, INC. ALPHA SUB TWO, LLC ALPHA TERMINAL COMPANY, LLC ALPHA WYOMING LAND COMPANY, LLC AMFIRE, LLC AMFIRE HOLDINGS, LLC AMFIRE MINING COMPANY, LLC APPALACHIA COAL SALES COMPANY, INC. APPALACHIA HOLDING COMPANY ARACOMA COAL COMPANY, INC. AXIOM EXCAVATING AND GRADING SERVICES, LLC BANDMILL COAL CORPORATION BANDYTOWN COAL COMPANY ▇▇▇▇▇▇▇ HOLDINGS INC. BARNABUS LAND COMPANY BELFRY COAL CORPORATION BIG BEAR MINING COMPANY BLACK CASTLE MINING COMPANY, INC. BLACK KING MINE DEVELOPMENT CO. BLACK MOUNTAIN CUMBERLAND RESOURCES, INC. ▇▇▇▇▇ EAST DEVELOPMENT CO. ▇▇▇▇▇▇ RUN MINING COMPANY, LLC COAL GAS RECOVERY II, LLC ( PENNSYLVANIA LAND RESOURCES, LLC ▇▇▇▇▇▇ RUN SOUTH MINING, LLC ▇▇▇▇▇▇▇▇ ENERGY COMPANY, LLC CASTLE GATE HOLDING COMPANY CLEAR FORK COAL COMPANY CRYSTAL FUELS COMPANY CUMBER...
