Common use of The Collateral Trustee’s and/or the Secured Parties’ Right to Cure Clause in Contracts

The Collateral Trustee’s and/or the Secured Parties’ Right to Cure. In addition to the other remedies provided to the Collateral Trustee and/or the Secured Parties in the Credit Agreement, the Mortgages, the other Loan Documents, the Issuing and Paying Agency Agreement and the Indenture, should any Loan Party fail to abide by the terms and covenants of this Agreement, the Collateral Trustee on behalf of the Secured Parties and/or the Secured Parties may, should they elect to do so in order to protect their security interest, cause the removal, remediation or cleanup of any Regulated Substances or Contamination located on the Property and repair and remedy any damage to the Property caused by the Regulated Substances or Contamination or any such removal, remediation or cleanup, as necessary to assure substantial compliance with all applicable Environmental Laws. In such event, all funds expended by the Collateral Trustee on behalf of the Secured Parties and/or the Secured Parties in connection with the removal of such Regulated Substances or Contamination or the cleanup of such Regulated Substances or Contamination, including but not limited to all attorneys’ fees, engineering fees, consultant fees and similar charges, shall become a part of the obligation secured by the Mortgages and shall be due and payable by each of the Loan Parties on demand. Each disbursement made by the Collateral Trustee and/or the Secured Parties pursuant to this provision shall bear interest at the lower of (a) the rate of interest applicable under Section 4.3.2 [Other Obligations] of the Credit Agreement, or (b) the highest rate allowable under applicable laws from the date any Loan Party shall have received written notice that the funds have been advanced by the Collateral Trustee and/or the Secured Parties until paid in full. The Borrower and each of the other Loan Parties shall permit the Collateral Trustee, the Secured Parties, and their agents and employees access to its respective Property (or in the case of the Borrower any and all Properties) for any purpose consistent with this provision.

Appears in 2 contracts

Samples: Credit Agreement (Consol Energy Inc), Revolving Credit Facility (Consol Energy Inc)

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The Collateral Trustee’s and/or the Secured Parties’ Right to Cure. In addition to the other remedies provided to the Collateral Trustee and/or the Secured Parties in the Credit Agreement, the Mortgages, the other Loan Documents, the Issuing and Paying Agency Agreement Documents and the Indenture, should any Loan Party fail to abide by the terms and covenants of this Agreement, the Collateral Trustee on behalf of the Secured Parties Parties, and/or the Secured Parties may, should they elect to do so in order to protect their security interest, cause the removal, remediation or cleanup of any Regulated Substances or Contamination Hazardous Materials located on the Property and repair and remedy any damage to the Property caused by the Regulated Substances or Contamination Hazardous Materials or any such removal, remediation or cleanup, as necessary to assure substantial compliance with all applicable Environmental Laws. In such event, all funds expended by the Collateral Trustee on behalf of the Secured Parties and/or the Secured Parties in connection with the removal of such Regulated Substances or Contamination Hazardous Materials or the cleanup of such Regulated Substances or ContaminationHazardous Materials, including but not limited to all reasonable attorneys’ fees, engineering fees, consultant fees and similar charges, shall become a part of the obligation obligations secured by the Mortgages and shall be due and payable by each of the Loan Parties on demand. Each disbursement made by the Collateral Trustee and/or the Secured Parties pursuant to this provision shall bear interest at the lower of (a) the rate of interest applicable under Section 4.3.2 [Other Obligations] of the Credit Agreement, or (b) the highest rate allowable under applicable laws from the date any Loan Party shall have received written notice that the funds have been advanced by the Collateral Trustee and/or the Secured Parties until paid in full. The Borrower and each of the other Loan Parties shall permit the Collateral Trustee, the Secured Parties, and their agents and employees access to its their respective Property (or in the case of the Borrower any and all Properties) for any purpose consistent with this provision.

Appears in 2 contracts

Samples: Revolving Credit Facility (CNX Gas Corp), Revolving Credit Facility (CONSOL Energy Inc)

The Collateral Trustee’s and/or the Secured Parties’ Right to Cure. In addition to the other remedies provided to the Collateral Trustee and/or the Secured Parties in the Credit Agreement, the Mortgages, the other Loan Documents, the Issuing and Paying Agency Agreement Documents and the Indenture, should any Loan Party fail to abide by the terms and covenants of this Agreement, the Collateral Trustee on behalf of the Secured Parties Parties, and/or the Secured Parties may, should they elect to do so in order to protect their security interest, cause the removal, remediation of or cleanup of other corrective action with respect to any Regulated Substances Hazardous Materials on, at, under or Contamination located on emanating from or affecting the Property and repair and remedy any damage to the Property caused by the Regulated Substances or Contamination Hazardous Materials or any such removal, remediation or cleanupcorrective action, as necessary to assure substantial compliance with all applicable Environmental Laws. In such event, all funds expended by the Collateral Trustee on behalf of the Secured Parties and/or the Secured Parties in connection with the removal of for such Regulated Substances or Contamination or the cleanup of such Regulated Substances or Contaminationpurposes, including but not limited to all reasonable attorneys’ fees, engineering fees, consultant fees and similar charges, shall become a part of the obligation obligations secured by the Mortgages and shall be due and payable by each of the Loan Parties on demand. Each disbursement made by the Collateral Trustee and/or the Secured Parties pursuant to this provision shall bear interest at the lower of (a) the rate of interest applicable under Section 4.3.2 [Other Obligations] of the Credit Agreement, or (b) the highest rate allowable under applicable laws from the date any Loan Party shall have received written notice that the funds have been advanced by the Collateral Trustee and/or the Secured Parties until paid in full. The Borrower and each of the other Loan Parties shall permit the Collateral Trustee, the Secured Parties, and their agents and employees access to its their respective Property (or in the case of the Borrower any and all Properties) for any purpose consistent with this provision.

Appears in 2 contracts

Samples: Revolving Credit Facility (CONSOL Energy Inc), Revolving Credit Facility (CONSOL Energy Inc)

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The Collateral Trustee’s and/or the Secured Parties’ Right to Cure. In addition to the other remedies provided to the Collateral Trustee and/or the Secured Parties in the Credit Agreement, the Mortgages, Mortgages and the other Loan Documents, the Issuing and Paying Agency Agreement and the Indenture, should any Loan Party fail to abide by the terms and covenants of this Agreement, the Collateral Trustee Agent on behalf of the Secured Parties Parties, and/or the Secured Parties may, should they elect to do so in order to protect their security interest, cause the removal, remediation of or cleanup of other corrective action with respect to any Regulated Substances Hazardous Materials on, at, under or Contamination located on emanating from or affecting the Property and repair and remedy any damage to the Property caused by the Regulated Substances or Contamination Hazardous Materials or any such removal, remediation or cleanupcorrective action, as necessary to assure substantial compliance with all applicable Environmental Laws. In such event, all funds expended by the Collateral Trustee Agent on behalf of the Secured Parties and/or the Secured Parties in connection with the removal of for such Regulated Substances or Contamination or the cleanup of such Regulated Substances or Contaminationpurposes, including but not limited to all reasonable attorneys’ fees, engineering fees, consultant fees and similar charges, shall become a part of the obligation obligations secured by the Mortgages and shall be due and payable by each of the Loan Parties on demand. Each disbursement made by the Collateral Trustee and/or the Secured Parties pursuant to this provision shall bear interest at the lower of (a) the rate of interest applicable under Section 4.3.2 4.3(b) [Other ObligationsInterest After Default] of the Credit Agreement, or (b) the highest rate allowable under applicable laws from the date any Loan Party shall have received written notice that the funds have been advanced by the Collateral Trustee and/or the Secured Parties until paid in full. The Borrower and each of the other Loan Parties shall permit the Collateral Trustee, the Secured Parties, Parties and their agents and employees access to its their respective Property (or in the case of the Borrower any and all Properties) for any purpose consistent with this provision.

Appears in 1 contract

Samples: Revolving Credit Facility (CONSOL Energy Inc)

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