Reclamation Trust Entity Bonding Agreement definition

Reclamation Trust Entity Bonding Agreement means (a) the Existing Indemnity Agreements between the Debtors, the Sureties, and other third parties, which are being assumed by the Debtors and shall remain in full force and effect and unimpaired under the Plan with respect to the Debtor parties thereto, Zurich and Atlantic expressly agreeing to release LHR Infrastructure from any obligations under the Existing Indemnity Agreements, and (b) an indemnity agreement and other agreements pursuant to which the Reorganized Coal Side Debtors each agree, on a joint and several basis, to indemnify the Sureties for, among other things, any losses incurred as a consequence of issuing the bonds pursuant to the Existing Indemnity Agreements, which, among other things, will provide that such agreements will not impact, modify or otherwise alter the Sureties’ rights under the Existing Indemnity Agreements, which rights shall be preserved, unimpaired, and unmodified; provided, however, the Sureties agree that they will not pursue any such rights under the indemnity agreements against Black Butte unless and until there is a material anticipatory default, to be determined in the reasonable, good faith discretion of the Sureties or a default under the Plan or other Definitive Documents, and any statutes of limitations with respect to such rights shall be tolled.
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Reclamation Trust Entity Bonding Agreement means (a) the assumption and assignment and reinstatement of the existing indemnity agreements between the Debtors, the Sureties and other third parties related to the various bonds for the benefit of the State of Montana and the State of Wyoming to secure reclamation of the Decker Mine and the Black Butte Mine, and (b) an indemnity agreement and other agreements pursuant to which the Reclamation Trust Entity, Reorganized Coal Side Debtors each agree, on a joint and several basis, to indemnify the Sureties under the said bonds, which, among other things, will provide that such agreements willnot impact, modify or otherwise alter the Sureties’ rights under the existing indemnity agreements, which rights shall be preserved, unimpaired, and unmodified; provided, however, the Sureties agree that they will not pursue any such rights under the indemnity agreements against Black Butte unless and until there is a material anticipatory default or a default under the Plan or other Definitive Documents, and any statutes of limitations with respect to such rights shall be tolled.
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Examples of Reclamation Trust Entity Bonding Agreement in a sentence

  • Nothing in this Plan shall diminish or impair any applicable Sureties’ indemnification rights against the Debtors or the Reorganized Debtors, or other indemnitors, subject to the limitations with respect to Black Butte as provided in the Plan and Reclamation Trust Entity Bonding Agreement.

  • It may also be used (i) to replenish operating funds of the Reclamation Trust Entity (through Reorganized LHR Coal, LLC) if such operating funds drop below $2,000,000 and (ii) to pay the annual surety fees in connection with the Reclamation Trust Entity Bonding Agreement.

  • It may also be used (i) to replenish operating funds of the Reclamation Trust Entity (through Reorganized Lighthouse) if such operating funds drop below$2,000,000 and (ii) to pay the annual surety fees in connection with the Reclamation Trust Entity Bonding Agreement.

  • Nothing in this Plan shall diminish or impair any applicable Sureties’ indemnification rights against the Debtors or the Reorganized Debtors, except with respect to Black Butte as provided in the Reclamation Trust Entity Bonding Agreement.

  • This Agreement, the Reclamation Trust Entity Bonding Agreement, the Reclamation Sinking Fund Agreement, the Plan, and the Confirmation Order constitute the entire agreement with, by and among the parties thereto, and there are no representations, warranties, covenants, or obligations among them except as set forth herein, in the Plan and in the Confirmation Order.

  • Article V.K of the Plan does not diminish or impair any applicable indemnification rights of the Sureties against the Debtors or the Reorganized Debtors, or other indemnitors, subject to the limitations with respect to Black Butte and the forbearance of certain rights as provided in the Plan and Reclamation Trust Entity Bonding Agreement.

  • It may also be used (i) to replenish operating funds of the Reclamation Trust Entity (through Reorganized LighthouseLHR Coal, LLC) if such operating funds drop below $2,000,000 and (ii) to pay the annual surety fees in connection with the Reclamation Trust Entity Bonding Agreement.

Related to Reclamation Trust Entity Bonding Agreement

  • Litigation Trust Agreement means the trust agreement dated as of the Plan Implementation Date, between SFC and the Litigation Trustee, establishing the Litigation Trust.

  • Lead Securitization Trust means the Securitization Trust created in connection with the Lead Securitization.

  • Non-Lead Securitization Trust means the Securitization Trust into which any Non-Lead Securitization Note is deposited.

  • Master Trust Agreement means the Second Amended and Restated Trust Agreement, dated as of May 8, 2019, between Verizon ABS II LLC, as depositor, and the Master Trust Owner Trustee, as amended, restated, supplemented or modified from time to time.

  • Securitization Trust means a trust formed pursuant to a Securitization pursuant to which one or more of the Notes are held.

  • National City Servicing Agreement Solely with respect to the National City Mortgage Loans, the Master Seller’s Warranties and Servicing Agreement, dated as of October 1, 2001, between the Transferor and National City, as the same may be amended from time to time, and any assignments and conveyances related to the National City Mortgage Loans.

  • Titling Trust Agreement means the Amended and Restated Trust and Servicing Agreement, dated as of August 26, 1998, among NILT Trust, as the Grantor and the UTI Beneficiary, the Servicer, the Delaware Trustee, the Titling Trustee and the Trust Agent.

  • Liquidation Trust Agreement means the Liquidation Trust Agreement to be dated as of the Effective Date establishing the terms and conditions of the Liquidation Trust, substantially in the form attached hereto as Exhibit B.

  • Lead Securitization Servicing Agreement means (i) the pooling and servicing agreement or other comparable agreement related to the Lead Securitization, and (ii) on and after the date on which the Mortgage Loan is no longer subject to the provisions of the Lead Securitization Servicing Agreement, the “Lead Securitization Servicing Agreement” shall be determined in accordance with the second paragraph of Section 2(a).

  • Issuer-ICSDs Agreement means the agreement entered into between the Issuer and each of the ICSDs;

  • Liquidating Trust Agreement means an agreement evidencing the terms and provisions governing a Liquidating Trust that shall be entered into prior to the establishment of such Liquidating Trust and pursuant to which a Liquidating Trustee shall manage and administer Liquidating Trust Assets.

  • Sub-Servicing Agreement The written contract between the Servicer and a Sub-Servicer relating to servicing and administration of certain Mortgage Loans as provided in Section 3.02.

  • Depositor’s Formation Documents means the Certificate of Formation of Nissan Auto Leasing LLC II, dated as of October 24, 2001 and the Limited Liability Company Agreement of Nissan Auto Leasing LLC II, dated as of October 29, 2001.

  • Non-Lead Securitization Servicing Agreement shall have the meaning assigned to such term in Section 2(b).

  • Vehicle Trust Agreement means that certain amended and restated trust agreement, dated as of September 27, 1996, as further amended as of May 25, 2000 and December 1, 2006 between BMW Manufacturing L.P., as grantor and initial beneficiary, and BNY Mellon Trust of Delaware, formerly known as The Bank of New York (Delaware), as trustee.

  • Litigation Trust means the trust to be established on the Plan Implementation Date at the time specified in section 6.4(p) in accordance with the Litigation Trust Agreement pursuant to the laws of a jurisdiction that is acceptable to SFC and the Initial Consenting Noteholders, which trust will acquire the Litigation Trust Claims and will be funded with the Litigation Funding Amount in accordance with the Plan and the Litigation Trust Agreement.

  • Project Funding Agreement means an agreement in the form of Schedule E that incorporates the terms of this Agreement and enables the Funder to provide one-time or short term funding for a specific project or service that is not already described in the Schedules;

  • Litigation Trustee means a Person to be determined by SFC and the Initial Consenting Noteholders prior to the Effective Time, with the consent of the Monitor, to serve as trustee of the Litigation Trust pursuant to and in accordance with the terms thereof.

  • Owner Trust Estate means all right, title and interest of the Trust in and to the property and rights assigned to the Trust pursuant to Article II of the Sale and Servicing Agreement, all funds on deposit from time to time in the Trust Accounts and all other property of the Trust from time to time, including any rights of the Trust pursuant to the Sale and Servicing Agreement.

  • Issuer Agreement means, for any series of Bonds, the agreement between the applicable Issuer and the Borrower pursuant to which (i) the proceeds of such Bonds are loaned by such Issuer to the Borrower, together with any promissory note or other instrument evidencing the Debt of the Borrower under such agreement, or (ii) the Borrower agrees to pay the purchase price of, or rent with respect to, the facilities financed or refinanced with the proceeds of such Bonds.

  • Bond Trustee Fee Agreement means the agreement entered into between the Issuer and the Bond Trustee relating among other things to the fees to be paid by the Issuer to the Bond Trustee for its obligations relating to the Bonds.

  • Issuer Administration Agreement means that certain issuer administration agreement, dated as of the date hereof, among the Administrator, the Issuer, the Transferor and the Indenture Trustee, as amended or supplemented from time to time.

  • Issuer Subsidiary means any subsidiary of the Issuer.

  • Trustee Agreement means the trustee agreement entered into on or before the First Issue Date, between the Issuer and the Trustee, or any replacement trustee agreement entered into after the First Issue Date between the Issuer and a trustee, regarding, inter alia, the remuneration payable to the Trustee or a replacement trustee.

  • Asset Management Company/UTI AMC/AMC/Investment Manager means the UTI Asset Management Company Limited incorporated under the Companies Act, 1956, (1 of 1956) [replaced by The Companies Act, 2013 (No.18 of 2013)] and approved as such by Securities and Exchange Board of India (SEBI) under sub-regulation (2) of Regulation 21 to act as the Investment Manager to the schemes of UTI Mutual Fund.

  • Securitization Servicing Agreement means the Lead Securitization Servicing Agreement or any Non-Lead Securitization Servicing Agreement.