Common use of Use of Funds in Restricted Cash Accounts Clause in Contracts

Use of Funds in Restricted Cash Accounts. (i) Subject to the terms and provisions of this Agreement and, with respect to funds in the Water Treatment Restricted Cash Account, the Reclamation Funding Agreement, and unless and until the Department delivers a notice pursuant to Section 9(c)(ii) hereof, the Reorganized Debtors may use funds contributed to the Restricted Cash Accounts in the performance of their obligations to complete reclamation, mitigation (to the extent required under Retained Permits issued by the Department) and water treatment and management only within the Commonwealth and only in accordance with the Retained Permits and any applicable Reclamation Agreements; provided, however, that the Reorganized Debtors may use funds in the Restricted Cash Accounts for mitigation under section 404 of the Clean Water Act only if agreed to by the Department. (ii) Upon the Department's delivery of a notice pursuant to Section 9(c)(ii) hereof, the Reorganized Debtors' right to use funds in the Restricted Cash Accounts shall immediately cease without further action on the part of the Department, the funds then contained in the Restricted Cash Accounts shall be deemed to constitute a cash bond (as provided for under Va. Code Xxx. § 45.1-241) with respect to the Reorganized Debtors' performance of their obligations to reclaim and manage and treat water at the Twin Star Mining Complex and the Department shall be entitled to execute upon its collateral pledge of any amounts held in or payable into the Restricted Cash Accounts in accordance with Section 9(c)(iii) hereof. (iii) Upon written confirmation from the Department confirming the Full Reclamation of the Retained Permits and the release of the associated bonds, any remaining funds in the Restricted Cash Accounts shall be delivered to the Reorganized Debtors.

Use of Funds in Restricted Cash Accounts. (i) Subject to the terms and provisions of this Settlement Agreement and, with respect to funds in the Water Treatment Restricted Cash Account, the Reclamation Funding Agreement, Agreement and unless and until the Department delivers a notice pursuant to Section 9(c)(ii) hereof, the Reorganized Debtors may use funds contributed to the Restricted Cash Accounts in the performance of their obligations to complete reclamation, mitigation (to the extent required under Retained Illinois Permits issued by the Department) and water treatment and management only within the Commonwealth State and only in accordance with the Retained Illinois Permits and any applicable the approved Reclamation AgreementsSchedule; provided, however, that the Reorganized Debtors may use funds in the Restricted Cash Accounts for mitigation under section 404 of the Clean Water Act only if agreed to by the Department. For the avoidance of doubt, the Reorganized Debtors may not use the funds in the Restricted Cash Accounts (a) for the payment of premiums on the Retained Bonds or any Surety Bonds or other Financial Assurance that replace or supplement the Retained Bonds; or (b) to pay for maintenance or general upkeep of the Mining Complex unrelated to the reclamation, mitigation or water treatment and management approved by the Department in the Reclamation Schedule. (ii) Upon the Department's delivery of a notice pursuant to Section 9(c)(ii) hereof, the Reorganized Debtors' right to use funds in the Restricted Cash Accounts shall immediately cease without further action on the part of the Department, the funds then contained in the Restricted Cash Accounts shall be deemed to constitute a cash bond (as provided for under Va. 62 Ill. Adm. Code Xxx. § 45.1-241300.40) with respect to the Reorganized Debtors' performance of their obligations to reclaim and manage and treat water at the Twin Star Mining Complex and the Department shall be entitled to execute upon its collateral pledge of any amounts held in or payable into the Restricted Cash Accounts in accordance with Section 9(c)(iii) hereof. (iii) Upon written confirmation from the Department confirming the Full Reclamation of the Retained Illinois Permits and the release of the associated bonds, any remaining funds in the Restricted Cash Accounts shall be delivered to the Reorganized Debtors.

Use of Funds in Restricted Cash Accounts. (i) Subject to the terms and provisions of this Settlement Agreement and, with respect to funds in the Water Treatment Restricted Cash Account, the Reclamation Funding Agreement, Agreement and unless and until the Department delivers a notice pursuant to Section 9(c)(ii‎9(c)(ii) hereof, the Reorganized Debtors may use funds contributed to the Restricted Cash Accounts in the performance of their obligations to complete reclamation, mitigation (to the extent required under Retained Kentucky Permits issued by the Department) and water treatment and management only within the Commonwealth and only in accordance with the Retained Kentucky Permits and any applicable Reclamation Agreements; provided, however, that such funds in the Restricted Cash Accounts shall be used first to reclaim, mitigate and treat and manage water at Reclaim-Only Sites until all such Mining Sites have been Fully Reclaimed and then at any other Mining Sites; and provided, further, that the Reorganized Debtors may use funds in the Restricted Cash Accounts for mitigation under section 404 of the Clean Water Act only if agreed to by the Department. (ii) Upon the Department's ’s delivery of a notice pursuant to Section 9(c)(ii‎9(c)(ii) hereof, the Reorganized Debtors' ’ right to use funds in the Restricted Cash Accounts shall immediately cease without further action on the part of the Department, the funds then contained in the Restricted Cash Accounts shall be deemed to constitute a cash bond (as provided for under Va. Code Xxx405 Ky. Admin. § 45.1-241Regs. 10:015) with respect to the Reorganized Debtors' ’ performance of their obligations to reclaim and manage and treat water at the Twin Star Mining Complex their Reclaim-Only Sites, and the Department shall be entitled to execute upon its collateral pledge of any amounts held in or payable into the Restricted Cash Accounts in accordance with Section 9(c)(iii‎9(c)(iii) hereof. (iii) Upon written confirmation from the Department confirming the Full Reclamation of the Retained Kentucky Permits and the release of the associated bonds, any remaining funds in the Restricted Cash Accounts shall be delivered to the Reorganized Debtors.