Common use of The Environmental Control Property Clause in Contracts

The Environmental Control Property. (a) All information provided by the Seller to the Issuer in writing with respect to the Environmental Control Property is correct in all material respects. (b) The transfer, sale, assignment and conveyance of the Environmental Control Property constitutes a sale or other absolute transfer of all of the Seller’s right, title and interest in the Environmental Control Property or the Subsequent Environmental Control Property, as the case may be, to the Issuer, and, upon the execution of this Agreement, Seller will have no right, title or interest in the Environmental Control Property or the Subsequent Environmental Control Property, as the case may be, and the beneficial interest in and title to the Environmental Control Property or the Subsequent Environmental Control Property, as the case may be, would not be part of the estate of the Seller as debtor in the event of a filing of a bankruptcy petition. (c) The Seller is the sole owner of the Environmental Control Property sold to the Issuer on the 2009 Sale Date or Subsequent Sale Date, as applicable, and such sale has been made free and clear of all Liens other than Liens created by the Issuer pursuant to the Indenture. All actions or filings, including filings with the Secretary of State of West Virginia under the Statute and UCC and with the Delaware Secretary of State under the Delaware UCC, necessary in any jurisdiction to give the Issuer a valid first priority perfected ownership interest in the Environmental Control Property and to grant the Indenture Trustee a first priority perfected ownership interest in the Environmental Control Property, free and clear of all Liens of the Seller or anyone claiming through the Seller have been made, other than any such filings (except for filings with the Secretary of State of the State of West Virginia or Delaware, under the Statute and UCC, as applicable) the absence of which would not have a material adverse impact on (i) the ability of the Servicer to collect Environmental Control Charges with respect to the Environmental Control Property or (ii) the rights of the Issuer with respect to the Environmental Control Property.

The Environmental Control Property. (a) All information provided by the Seller to the Issuer in writing with respect to the Environmental Control Property is correct in all material respects. (b) The transfer, sale, assignment and conveyance of the Environmental Control Property constitutes a sale or other absolute transfer of all of the Seller’s right, title and interest in the Environmental Control Property or the Subsequent Environmental Control Property, as the case may be, to the Issuer, and, upon the execution of this Agreement, Seller will have no right, title or interest in the Environmental Control Property or the Subsequent Environmental Control Property, as the case may be, and the beneficial interest in and title to the Environmental Control Property or the Subsequent Environmental Control Property, as the case may be, would not be part of the estate of the Seller as debtor in the event of a filing of a bankruptcy petition. (c) The Seller is the sole owner of the Environmental Control Property sold to the Issuer on the 2009 20[ ] Sale Date or Subsequent Sale Date, as applicable, and such sale has been made free and clear of all Liens other than Liens created by the Issuer pursuant to the Indenture. All actions or filings, including filings with the Secretary of State of West Virginia under the Statute and UCC and with the Delaware Secretary of State under the Delaware UCC, necessary in any jurisdiction to give the Issuer a valid first priority perfected ownership interest in the Environmental Control Property and to grant the Indenture Trustee a first priority perfected ownership interest in the Environmental Control Property, free and clear of all Liens of the Seller or anyone claiming through the Seller have been made, other than any such filings (except for filings with the Secretary of State of the State of West Virginia or Delaware, under the Statute and UCC, as applicable) the absence of which would not have a material adverse impact on (i) the ability of the Servicer to collect Environmental Control Charges with respect to the Environmental Control Property or (ii) the rights of the Issuer with respect to the Environmental Control Property.

The Environmental Control Property. (a) All information provided by the Seller to the Issuer in writing with respect to the Environmental Control Property is correct in all material respects. (b) The transfer, sale, assignment and conveyance of the Environmental Control Property constitutes a sale or other absolute transfer of all of the Seller’s right, title and interest in the Environmental Control Property or the Subsequent Environmental Control Property, as the case may be, to the Issuer, and, upon the execution of this Agreement, Seller will have no right, title or interest in the Environmental Control Property or the Subsequent Environmental Control Property, as the case may be, and the beneficial interest in and title to the Environmental Control Property or the Subsequent Environmental Control Property, as the case may be, would not be part of the estate of the Seller as debtor in the event of a filing of a bankruptcy petition. (c) The Seller is the sole owner of the Environmental Control Property sold to the Issuer on the 2009 20[__] Sale Date or Subsequent Sale Date, as applicable, and such sale has been made free and clear of all Liens other than Liens created by the Issuer pursuant to the Indenture. All actions or filings, including filings with the Secretary of State of West Virginia under the Statute and UCC and with the Delaware Secretary of State under the Delaware UCC, necessary in any jurisdiction to give the Issuer a valid first priority perfected ownership interest in the Environmental Control Property and to grant the Indenture Trustee a first priority perfected ownership interest in the Environmental Control Property, free and clear of all Liens of the Seller or anyone claiming through the Seller have been made, other than any such filings (except for filings with the Secretary of State of the State of West Virginia or Delaware, under the Statute and UCC, as applicable) the absence of which would not have a material adverse impact on (i) the ability of the Servicer to collect Environmental Control Charges with respect to the Environmental Control Property or (ii) the rights of the Issuer with respect to the Environmental Control Property.