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South Main St Sample Clauses

South Main St. Xxxxx, Xxxx 00000 --------------------------------------------------------------------------------
South Main St. Xxxxx, Xxxx 00000 ------------------------------------------------------------------------------- 1-800-533-4758 Guaranty dated as of December 7, 2004 by and betwxxx XxxxxXxxxxy Corp., an Ohio corporation, with its principal place of business at 76 South Main Street, Akron, OH 44308 ("Guarantor") and Atlas Resourcxx Xxx., x Xxxxxxxxxxxx xxxxxxxxxxx, with its principal place of business at 311 Rousar Rd., Coranpolls, PA 15108 ("Seller"). Seller, together witx xxx xxxxxxxxxx Xxxxx Energy Group, Inc., an Ohio Corporation, Resource Energy, Inc., a Delaware corporation, and Viking Resources Corporation, an Ohio Corporation, entered into a Gas Purchase Agreement for the purchase and sale of natural gas ("Sales Agreement") to FirstEnergy Solutions Corp., ("Customer"), a subsidiary of the Guarantor. In consideration thereof, and as an inducement for the extension of credit by the Seller to the Customer, the Guarantor hereby absolutely and unconditionally guarantees to the Seller, its permitted successors and assigns pursuant to this letter (this "Guaranty"), the prompt payment (within three (3) business days of demand by the Seller) of any and all amounts that are or may hereafter become due and payable (taking into account all applicable grace periods) from the Customer to the Seller by reason of the Sales Agreement (the "Obligations"), to fully perform the Sales Agreement, as well as any indebtedness under the Sales Agreement (regardless of whether such indebtedness be in the form of book accounts, promissory notes, trade acceptances, checks, drafts, or other evidence of indebtedness, together with late fees, service charges or liquidated damages (but only if, and to the extent, provided for in the Sales Agreement) and Interest at the rate specified therein). This Guaranty shall be a guaranty of payment, and not of collection, and the Seller shall not be required to take any proceedings or exhaust its remedies against the Customer prior to the exercise of its rights and remedies against the Guarantor, as guarantor. The Guarantor hereby agrees to reimburse the Seller for all sums paid to it by the Customer under the Sales Agreement, which must subsequently be returned by the Seller to the Customer as a preference or fraudulent transfer under the Federal Bankruptcy Code, any applicable state law and for any other reason. Notwithstanding anything else in this Guaranty to the contrary, the obligation and liability of Guarantor hereunder shall not (i) be effective or...

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  • Investment Company; Public Utility Holding Company Neither the Company nor any Subsidiary is an "investment company" or a company "controlled" by an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "public utility holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended.

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