Threatened Litigation and Unasserted Claims. Provide a description of all threatened litigation, unasserted claims and other disputes related to or affecting the projects, and copies of all associated documentation. Exhibit G US 1104132v.7 CLEAN COAL SOLUTIONS, LLC AEC-TH, LLC DISCLOSURE SCHEDULE' delivered in connection with the Exchange Agreement (the "Agreement") dated as of December 15, 2011 among Clean Coal Solutions, LLC, AEC-TH, LLC, and GS RC INVESTMENTS LLC Capitalized terms used herein shall have the respective meanings ascribed thereto in the Agreement unless otherwise defined herein. This Disclosure Schedule and all attachments hereto subject to the Agreement, including without limitation Section 9.15 of the Agreement. The information disclosed herein is disclosed subject to the terms of the Confidentiality Agreement, dated as of July 13, 2009, between Clean Coal Solutions, LLC and Xxxxxxx Xxxxx & Co. and should not be used for any purpose other than those contemplated by the Agreement. The disclosure or inclusion of information herein shall not be deemed as an acknowledgement or admission that any such matter or item is required to be disclosed or is material for purposes of the representations, warranties or covenants set forth in the Agreement or that the subject matter of such disclosure may have a Material Adverse Effect on Lessee. Disclosure Schedules, page 3 US 1104132v.7 Conflicts and Consents Schedule 3.1(c) Pursuant to the terms of the Credit Agreement, dated as of March 31, 2011, and amended and reaffirmed on September 8, 2011 (the "CoBiz Credit Facility") by and between CCS and CoBiz Bank, a bank doing business in the State of Colorado as Colorado Business Bank ("CoBiz") and related agreements and instruments, CCS has pledged to CoBiz the membership interests in AEC-TH, LLC, among other entities, to secure CCS's obligations under the CoBiz Credit Facility and CCS is required by the terms of the CoBiz Credit Facility to make repayments of the funds loaned thereunder, in part, from the revenues generated from the Facility. The disclosures set forth in Schedule 3.1(g) hereof are hereby incorporated herein in their entirety by this reference. Disclosure Schedules, page 3 US 1104132v.7 Schedule 3.1(d) Litigation * Disclosure Schedules, page 3 US 1104132v.7 * Disclosure Schedules, page 4 Schedule 3.1(e)
Threatened Litigation and Unasserted Claims. Provide a description of all threatened litigation, unasserted claims and other disputes related to or affecting the projects, and copies of all associated documentation. Exhibit G US 1107409v.12 CLEAN COAL SOLUTIONS, LLC AEC-NM, LLC DISCLOSURE SCHEDULE delivered in connection with the Exchange Agreement (the “Agreement”) dated as of November 21, 2011 among Clean Coal Solutions, LLC, AEC-NM, LLC, and GS RC INVESTMENTS LLC Disclosure Schedules, page 1 US 1107409v.12 Schedule 3.1(c) Conflicts and Consents Pursuant to the terms of the Credit Agreement, dated as of March 31, 2011, and amended and reaffirmed on September 8, 2011 (the “CoBiz Credit Facility”) by and between CCS and CoBiz Bank, a bank doing business in the State of Colorado as Colorado Business Bank (“CoBiz”) and related agreements and instruments, CCS has pledged to CoBiz the membership interests in AEC-NM, LLC, among other entities, to secure CCS’s obligations under the CoBiz Credit Facility and CCS is required by the terms of the CoBiz Credit Facility to make repayments of the funds loaned thereunder, in part, from the revenues generated from the Facility. The disclosures set forth in Schedule 3.1(g) hereof are hereby incorporated herein in their entirety by this reference. Disclosure Schedules, page 2 US 1107409v.12 Schedule 3.1(d) Litigation * Disclosure Schedules, page 3 US 1107409v.12 * Disclosure Schedules, page 4 US 1107409v.12 Schedule 3.1(e)
