Reclamation Sinking Fund definition

Reclamation Sinking Fund means Cash maintained in a segregated account by the Reclamation Trust Entity held on behalf of the Reorganized Debtors as security for their reclamation obligations as provided in the Restructuring Support Agreement and the Reclamation Trust Entity Agreement in an amount not to exceed the Reclamation Sinking Fund Benchmark that may be used by the Reclamation Entity Trust Representative to pay for the costs of performing and completing the Decker Reclamation Plan, reclamation expenditures under the Black Butte Reclamation Plan, payment of obligations under applicable indemnity agreements, and payment of annual fees to the Sureties, which fund will be comprised of (i) $56,344,000 (plus any interest earnings thereon, if any) in collateral held by the Sureties, other than Westchester, released to the Reclamation Sinking Fund after approval of the Decker Reclamation Plan as provided in the Reclamation Trust Entity Agreement, which amount shall be exclusive of $1,000,000 in collateral to be retained by Zurich to secure the obligations it may have under that certain Indemnity Bond Given by Self-Insurer Under the Provisions of the Federal Coal Mine Health and Safety Act of 1969, as amended, Zurich bond No. 09093733 (the “Black Lung Bond”); (ii) $1,921,000 (plus any interest earnings thereon, if any) in collateral held by Westchester released to the Reclamation Sinking Fund after a 60% reduction of the penal sum of Westchester bond no. K08898339 by Montana after completion of phase I of the Decker Reclamation Plan for areas bonded by Westchester; (iii) contributions by KCP, Inc., of a percentage of net after-tax distributions to KCP,Inc. from Black Butte as provided in the Reclamation Trust Entity Agreement; and(iv) contributions by the applicable Reorganized Debtors of a percentage of Cash received from the sale of any of the Coal Side Debtors’ Assets, with such contributions as provided in the Reclamation Trust Entity Agreement in a manner consistent with the terms of the Restructuring Support Agreement and the Reclamation Trust Entity Agreement.
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Examples of Reclamation Sinking Fund in a sentence

  • To the extent that Administrative Claims are or become Allowed after the Effective Date, such Allowed Administrative Claims shall be paid (i) from the Allowed Claims Reserve, or (ii) if the Allowed Claims Reserve is insufficient to pay all Allowed Administrative Claims in full, by the Reclamation Trust Entity; provided, however, that in no event shall the funds from the Reclamation Sinking Fund or other funds contributed by the Sureties be used to satisfy any Administrative Claims.

  • The Reclamation Sinking Fund is dedicated and to be used for Reclamation purposes in accordance with the Reclamation Plans, the Decker Reclamation Budget, and the Black Butte Reclamation Budget.

  • Upon dissolution of the Reclamation Trust Entity, the Reclamation Trust Entity Representative shall distribute any remaining proceeds to the holders of the Reclamation Trust Entity Interests and distribute any remaining Cash in the Reclamation Sinking Fund in accordance with the Reclamation Trust Entity Agreement.

  • Upon approval of the Decker Reclamation Plan, the Sureties shall fund the Reclamation Sinking Fund in such amounts, at such times, and at such intervals as contemplated for each of the Sureties in this Plan, in the Decker Reclamation Budget and the Black Butte Reclamation Budget and as required for the Reclamation Plans.

  • U.S. Trustee fees shall be calculated and paid based solely upon distributions by the Debtors, not distributions by the Reclamation Trust Entity or the funds in the Reclamation Sinking Fund.

  • Said funding shall be consummated by transfers to the Reclamation Sinking Fund of collateral held by the Sureties; provided, however, that notwithstanding anything to the contrary in this Plan, Zurich shall be entitled to retain $1,000,000 of collateral held by Zurich to secure any obligations it may have under the Black Lung Bond.

  • The Reclamation Trust Entity shall have custody and control of the Reclamation Sinking Fund subject to the terms of the Reclamation Trust Entity Agreement and the Reclamation Sinking Fund Agreement.

  • Each such Claim that is payable from the Allowed Claims Reserve shall be paid first from amounts in the Allowed Claims Reserve and then from the assets of the Reclamation Trust Entity only if no funds remain in the Allowed Claims Reserve; provided, however, that in no event shall the funds from the Reclamation Sinking Fund or other funds contributed by the Sureties be used to satisfy any Claims that are payable from the Allowed Claims Reserve.

  • The total amount to be transferred to the Reclamation Sinking Fund by all of the Sureties is expected to total approximately $58,265,000 plus interest thereon, if any; provided however, that the aggregate amount of such transfers for each of the Sureties, to include the Initial Working Capital Funding Amount, shall not exceed the current amount of collateral held by each of the Sureties (provided solely with respect to Zurich, minus $1,000,000) respectively, plus interest earnings thereon.

  • The Sureties shall also have senior priority rights to the Initial Working Capital Funding Amount, and proceeds thereof, and the Reclamation Sinking Fund as set forth inthe Reclamation Trust Entity Agreement each as necessary to reclaim the right to such funds in the event of a bond forfeiture or other adverse action by the Reclamation Governmental Authorities.

Related to Reclamation Sinking Fund

  • Interest and Sinking Fund means the interest and sinking fund established by Section 8.01(a).

  • optional sinking fund payment has the meaning specified in Section 12.01.

  • mandatory sinking fund payment has the meaning specified in Section 12.01.

  • Sinking Fund means each Sinking Fund Subaccount under the Indenture. To the extent necessary for compliance with the Authority’s tax covenants and other provisions of the Indenture and the Act, the Authorized Officers of the Authority may subdivide each such subaccount in respect of separate categories or issues of Sinking Fund Bonds.

  • Sinking Fund Account means the sinking fund account established and held by the Treasurer of Charleston County designed to provide for the payment of the principal of, premium, if any, and interest on the Bonds, as the same respectively fall due.

  • Sinking Fund Provisions [No sinking fund provisions] [The Designated Securities are entitled to the benefit of a sinking fund to retire $ principal amount of Designated Securities on in each of the years through at 100% of their principal amount plus accrued interest] [, together with [cumulative] [non-cumulative] redemptions at the option of the Company to retire an additional $ principal amount of Designated Securities in the years through at 100% of their principal amount plus accrued interest.] [If Designated Securities are Extendable Debt Securities, insert-- Extendable Provisions: The Designated Securities are repayable on , at the option of the holder, at their principal amount with accrued interest. The initial annual interest rate will be %, and thereafter the annual interest rate will be adjusted on , , and to a rate not less than % of the effective annual interest rate on obligations with year maturities as of the [interest date 15 days prior to maturity date] prior to such [insert maturity date].] [If Designated Securities are Floating Rate Debt Securities, insert-- Floating Rate Provisions: The initial annual interest rate will be % through [and thereafter will be adjusted [monthly] [on each , , and ] [to an annual rate of % above the average rate for -year [-month] [securities] [certificates of deposit] by and [insert names of banks].] [and the annual interest rate [thereafter] [from through ] will be the interest yield equivalent of the weekly average per annum market discount rate for -month Treasury bills plus % of the Interest Differential (the excess, if any, of (i) the then-current weekly average per annum secondary market yield for -month certificates of deposit over (ii) the then-current interest yield equivalent of the weekly average per annum market discount rate for -month Treasury bills); [from and thereafter the rate will be the then-current interest yield equivalent plus % of the Interest Differential].] 23

  • Sinking Fund Installment means, as of any particular date of calculation, the amount required, as of such date of calculation, to be paid by the Authority on a future date for the retirement of Outstanding Bonds which are stated to mature subsequent to such future date, but does not include any amount payable by the Authority by reason only of the maturity of a Bond.

  • Sinking Fund Payment means, with respect to a particular Group of 2024 Series A Bonds, as of any particular date of calculation, the amount required to be paid at all events by the Corporation on a single future date for the retirement of Outstanding 2024 Series A Bonds of such Group which mature after said future date, but does not include any amount payable by the Corporation by reason of the maturity of a 2024 Series A Bond of such Group or by call for redemption at the election of the Corporation.

  • Operating Fund means a fund in which the revenues and expenditures are subject to appropriation control.

  • National Pollutant Discharge Elimination System means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements under Sections 307, 402, 318, and 405 of the Clean Water Act.

  • Regulation S Global Securities Appendix A

  • Underlying Fund means a collective investment scheme (including exchange traded funds) which will be daily dealing, open-ended and may be listed or unlisted and will be domiciled in, in the case of regulated funds in an EU/EEA Member State authorised under the European Communities (Undertakings for Collective Investment in Transferable Securities) Regulations, 2011 as amended (the "UCITS Regulations") or authorised under domestic legislation implementing the UCITS Regulations and such other investment funds as may be permitted by the Central Bank as Category 1 from time to time (category 1 investment funds pursuant to the AIF rulebook ("Category 1")), or authorised in an EU Member State (category 2 investment funds pursuant to the AIF rulebook ("Category 2")), Guernsey where authorised as "Class A Schemes" (Category 1) or "Class B Schemes" (Category 2), Jersey where established either as "Recognised Funds" (Category 1) or as funds that are not "Recognised Funds" (Category 2), the Isle of Man as "Authorised Schemes" (Category 1) or "unauthorised schemes" (Category 2), any investment funds authorised by the US Securities and Exchanges Commission under the Investment Companies Act 1940 (Category 2) and such other investment funds as may be permitted by the Central Bank as Category 2 from time to time. The AIFM will confirm to the Central Bank that any new Category 2 investment funds will comply in all material respects with the requirements applicable to a Retail Investor Alternative Investment Fund pursuant to the AIF Rulebook. In the case of unregulated funds, these will be domiciled in Australia, Hong Kong, South Africa, Bermuda, British Virgin Islands, the Cayman Islands, Singapore or Mauritius and will follow an investment strategy that seeks to provide capital appreciation to its investors through direct investment in transferable securities in the form of cash and/or cash equivalents, global equities (such as shares and common stock) and global equity related securities (securities with equity characteristics or conferring the right to acquire equity securities, such as depositary receipts and preference shares), REITs and global bonds which are listed on Recognised Markets (as set out in Appendix II of the Prospectus). Underlying Funds may not be leveraged. The Underlying Funds must comply with the investment restrictions of the Fund as outlined below.

  • Regulation S Global Notes means, collectively, the Temporary Regulation S Global Notes and the Permanent Regulation S Global Notes.

  • Operative Indentures means, as of any date, each “Indenture” (as such term is defined in the Note Purchase Agreement), including the Indenture, whether or not any other “Indenture” shall have been entered into before or after the date of the Indenture, but only if as of such date all “Equipment Notes” (as defined in each such “Indenture”) are held by the “Subordination Agent” under the “Intercreditor Agreement”, as such terms are defined in each such “Indenture”.

  • National Pollutant Discharge Elimination System (NPDES) means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring, and enforcing permits and imposing and enforcing pretreatment requirements, under Sections 307, 318, 402, and 405 of CWA. The term includes an approved program.

  • Available Operating Funds means the sum of (i) the Fund’s net investment company taxable income (including net short-term capital gains reduced by net long-term capital losses), (ii) the Fund’s net capital gains (including the excess of net long-term capital gains over net short-term capital losses) and (iii) dividends and other distributions paid to the Fund on account of investments in portfolio companies (to the extent such amounts listed in clause (iii) are not included under clauses (i) and (ii) above).

  • Rule 144A Global Notes has the meaning set forth in Section 4.2(b)(i) of the Series 2018-1 Supplement.

  • National Pollutant Discharge Elimination System Permit or “NPDES” means a permit issued by the MPCA as required by federal law for the purpose of regulating the discharge of pollutants from point sources into waters of the United States from concentrated animal feeding operations (CAFOs) as defined by federal law

  • EEA migrant worker (“gweithiwr mudol AEE”) means an EEA national who is a worker, other than an EEA frontier worker, in the United Kingdom;

  • Additional Tier 1 Capital means capital which is treated as Additional Tier 1 capital (or any equivalent or successor term) under CRD IV requirements by the Relevant Regulator for the purposes of the Issuer and the Group;

  • Defeasance has the meaning specified in Section 13.2.

  • First Mortgage Indenture means a first mortgage indenture pursuant to which any Borrower or any Subsidiary of any Borrower may issue bonds, notes or similar instruments secured by a lien on all or substantially all of such Borrower’s or such Subsidiary’s fixed assets, as the case may be.

  • Defeasance Securities means (i) Federal Securities, (ii) noncallable obligations of an agency or instrumentality of the United States of America, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the Commissioners Court adopts or approves proceedings authorizing the issuance of refunding bonds or otherwise provide for the funding of an escrow to effect the defeasance of the Bonds are rated as to investment quality by a nationally recognized investment rating firm not less than "AAA" or its equivalent, (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date the Commissioners Court adopts or approves proceedings authorizing the issuance of refunding bonds or otherwise provide for the funding of an escrow to effect the defeasance of the Bonds, are rated as to investment quality by a nationally recognized investment rating firm no less than "AAA" or its equivalent, and (iv) any other then authorized securities or obligations under applicable State law that may be used to defease obligations such as the Bonds.

  • Groundwater means all water, which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil.

  • Restricted Global Notes means the Rule 144A Global Notes and the Regulation S Global Notes, all of which shall bear the Private Placement Legend.

  • Redemption Limit means the sum of the Maximum Daily Redemption Limits applicable to the LS Margin Account Agreement relating to the ETP Securities.