Examples of Arch Business in a sentence
Each Arch Entity has all requisite corporate or other power and authority to own or lease and to operate its assets and to conduct the Arch Business now being or to be conducted by it at the time of the Closing.
Arch is a corporation duly incorporated, validly existing and in good standing under the laws of the State of Delaware and has all requisite corporate power and authority under applicable Law and its Charter Documents to own or lease and to operate its assets and to conduct or cause to be conducted the Arch Business as it is now being conducted by Arch.
In furtherance of the foregoing, the Parties shall, as soon as reasonably practicable after the date of this Agreement, (a) identify any federal coal leases (or applications therefor) held by Arch and its Affiliates for land located in the State of Wyoming which is not used in the operation or conduct of the Arch Business as presently conducted (or as proposed by either Party to be conducted) and (b) amend Schedule 2.5(e) to add such federal coal leases (or applications therefor).
No Assumed Arch Benefit Plan provides, and neither Arch nor any ERISA Affiliate of Arch is otherwise obligated to provide, any amount constituting an excess parachute payment (as defined in Section 280G of the Code) with respect to any Arch Business Employee that will become a liability of the JV Entities.
Prior to the Closing, subject to applicable Laws, the Parties agree to cooperate in good faith to take such steps as may be reasonably necessary or advisable so that the JV Company shall be in a position to seamlessly begin operating the Peabody Business and the Arch Business immediately after the Closing.
Arch and all ERISA Affiliates of Arch have complied with the requirements of Sections 4980B and 4980D of the Code with respect to Arch Business Employees and former employees of the Arch Transferred Subsidiaries.
From the date hereof until the Closing, each Party shall, and shall cause its Affiliates and its and their respective Representatives to, keep confidential and not disclose to any other Person, or use for their own benefit or the benefit of any other Person, any confidential and non-public information to the extent relating to the Peabody Business or the Arch Business, as the case may be, in accordance with the provisions of the Confidentiality Agreement.
The Parties further acknowledge and agree that Fremantle shall have no recourse against any indebtedness, obligation or liability of (i) PAE to Subco or (ii) from any of the PAE subsidiaries to Subco, which may be outstanding at the Closing Date or may result from the conveyance of the Pre-Existing Peace Arch Business from PAE to Subco.
Olin or Arch may continue, after consummation of an Acquisition, the Arch Business Activities or the Xxxx Business Activities, as the case may be, of the Acquired Enterprise as and to the extent, in the same manner and for the same purposes that the Acquired Enterprise Engaged In such Arch Business Activities or Xxxx Business Activities, as the case may be, immediately prior to the consummation of the Acquisition.
No assignment pursuant to Section 6.02 is intended to increase the liability of any insurer under a Company Policy, and Xxxx shall be deemed to assign only such coverage as would have been available to Xxxx in respect of the Arch Business if the Distribution had not occurred.