Arch Coal definition

Arch Coal means Arch Coal, Inc., a Delaware corporation.

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Arch Coal has the meaning ascribed thereto in the preamble.

Arch Coal is defined in the Preamble.

Examples of Arch Coal in a sentence

• If such audit reveals an overpayment by Arch Coal, ADA shall promptly refund the amount of such overpayment.

• All notices, requests and other communications to any party required or permitted to be given hereunder shall be in writing and shall be delivered in person, mailed by certified or registered mail, return receipt requested, or sent by facsimile transmission, if to the Company: Arch Coal, Inc.

• The report of the accounting firm shall include detailed calculations as to how it determined whether or not there was an overpayment or underpayment by Arch Coal to ADA of Ongoing Royalties and the amount of such overpayment or underpayment.

• Arch Coal shall promptly provide ADA with copies of all pleadings, filings, written discovery materials, court orders and any other material written documentation relevant to such proceedings and otherwise keep ADA informed as to all material developments in such proceedings.

• Notwithstanding anything to the contrary contained in this Agreement, the parties understand and agree that all actions required of ADA hereunder shall be sufficient and in compliance with this Agreement if such actions are taken with Arch Coal only, and that separate and/or duplicative actions shall not be required of ADA with respect to any Arch Coal Affiliate.

• If such audit reveals an underpayment by Arch Coal, Arch Coal agrees to promptly pay ADA the amount of such underpayment, together with interest as provided in Section 4.3. ADA shall bear the expense of each such audit, unless an audit reveals an underpayment by Arch Coal equal to 5% or more of the amount found to be due, in which event Arch Coal shall, in addition to reimbursing ADA for such underpayment, reimburse ADA for the costs of the audit up to the amount of such underpayment.

• At Arch Coal’s written request, ADA shall provide training to personnel of Arch Coal at standard hourly rates for the ADA employees providing such training.

• If Arch Coal fails to make any payment pursuant to this Agreement within the time specified herein, Arch Coal shall pay interest at a rate of one and one half percent (1.5%) per month on the unpaid balance finally determined to be due, payable from the due date until fully paid, and shall pay all costs of collection, including reasonable attorneys’ fees.

• In such situations, ADA and Arch Coal will work together to promote testing at these plants.

• Arch Coal or its Affiliates, as applicable, shall affix any applicable Patent numbers to the literature, packaging and the like that accompany the Enhanced Coal in a manner that (i) is sufficient to give proper legal notice under the applicable patent laws that the Licensed Technology is covered by one or more Patents as may be applicable, and (ii) does not amount to false marking under or is otherwise inconsistent with such applicable patent laws.

More Definitions of Arch Coal

Arch Coal. Arch Coal, Inc. (formerly known as Arch Mineral Corporation), a Delaware corporation.

Arch Coal. Group shall mean, as of any date of determination, the Borrower and its Subsidiaries (other than the Excluded Subsidiaries and the Securitization Subsidiary). Arch of Wyoming LLC shall mean Arch of Wyoming, LLC, a limited liability company organized and existing under the laws of the State of Delaware. Arch of Wyoming LLC Agreement shall mean that certain Limited Liability Agreement, dated as of April 15, 1998, of Arch of Wyoming LLC. Arch Western shall mean Arch Western Resources, LLC, a limited liability company organized and existing under the laws of the State of Delaware.

Arch Coal. Group shall mean, as of any date of determination, the Borrower and its Subsidiaries (other than the Excluded Subsidiaries and the Securitization Subsidiary). Arch of Wyoming LLC shall mean Arch of Wyoming, LLC, a limited liability company organized and existing under the laws of the State of Delaware. Arch of Wyoming LLC Agreement shall mean that certain Limited Liability Agreement, dated as of April 15, 1998, of Arch of Wyoming LLC. Arch Western shall mean Arch Western Resources, LLC, a limited liability company organized and existing under the laws of the State of Delaware. Arch Western Credit Facility (1998) shall mean that certain Credit Agreement by and among Arch Western, PNC Bank, as administrative agent, and JPMorgan Chase Bank (successor in such capacity to ▇▇▇▇▇▇ Guaranty Trust Company of New York), as syndication agent, providing for a $675,000,000 term loan facility to Arch Western, dated as of June 1, 1998, as amended and restated through and including the Restatement Effective Date.

Arch Coal has the meaning set forth in Section 2.4.

Arch Coal has the meaning set forth in the preamble to the Agreement.