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2016-02-22_ENFORCEMENT - C1982057
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2016-02-22_ENFORCEMENT - C1982057
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Last modified
8/24/2016 6:19:23 PM
Creation date
3/4/2016 9:41:01 AM
Metadata
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Template:
DRMS Permit Index
Permit No
C1982057
IBM Index Class Name
Enforcement
Doc Date
2/22/2016
Doc Name
Notice of Intent to File Law Suit Against Peabody Energy
From
Wild Earth Guardians
To
Peabody Energy
Violation No.
TDNX16140182001
Email Name
JRS
MPB
DIH
JHB
Media Type
D
Archive
No
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until such money or property is paid or delivered to the Administrative Agent, hold such money or <br />property in trust for the Secured Parties, segregated from other funds of the Pledgor, as additional <br />collateral security for the Secured Obligations. Without the prior written consent of the Administrative <br />Agent, the Pledgor will not enter into any material agreement or undertaking restricting the right or ability <br />of the Pledgor or, in connection with an exercise of remedies hereunder, the Administrative Agent to sell, <br />assign or transfer any of the Pledged Stock or Proceeds thereof or any interest therein (other than any <br />intercreditor agreement which the Pledgor is required to execute, including any Junior Lien Intercreditor <br />Agreement or Pari -Passu Intercreditor Agreement or security agreement contemplated thereby or any debt <br />document in respect of Indebtedness permitted to be incurred under the Credit Agreement which such <br />document permits the Lien of the Administrative Agent on the Pledged Stock). <br />4.5 Voting and Other Rights with Respect to Pledged Stock. Unless an Event of Default <br />shall have occurred and be continuing and the Pledgor shall have received notice from the <br />Administrative Agent, the Pledgor shall be permitted to receive all dividends and distributions paid <br />in respect of the Pledged Stock, to the extent permitted by the Credit Agreement, and to exercise all <br />voting and corporate rights with respect to the Pledged Stock. If an Event of Default shall occur <br />and be continuing and the Pledgor shall have received notice from the Administrative Agent: (i) all <br />rights of the Pledgor to exercise or refrain from exercising the voting and other consensual rights <br />with respect to Pledged Stock which it would otherwise be entitled to exercise shall cease and all <br />such rights shall thereupon become vested in the Administrative Agent who shall thereupon have <br />the sole right, but shall be under no obligation, to exercise or refrain from exercising such voting <br />and other consensual rights, (ii) the Administrative Agent shall have the right to transfer all or any <br />portion of the Pledged Stock to its name or the name of its nominee or agent, (iii) the <br />Administrative Agent shall have the right at any time, without notice to the Pledgor, to exchange <br />any certificates or instruments representing any Pledged Stock for certificates or instruments of <br />smaller or larger denominations and (iv) in order to permit the Administrative Agent to exercise <br />the voting and other consensual rights which it may be entitled to exercise pursuant hereto and to <br />receive all dividends and other distributions which it may be entitled to receive hereunder, the <br />Pledgor shall promptly execute and deliver (or cause to be executed and delivered) to the <br />Administrative Agent all proxies, dividend payment orders and other instruments as the <br />Administrative Agent may from time to time reasonably request and the Pledgor acknowledges <br />that the Administrative Agent may utilize the power of attorney set forth herein. The Pledgor <br />hereby authorizes and instructs the Issuer to (i) comply with any instruction received by it from the <br />Administrative Agent in writing that (x) states that an Event of Default has occurred and is <br />continuing and (y) is otherwise in accordance with the terms of this Agreement, without any other <br />or further instructions from the Pledgor, and the Pledgor agrees that the Issuer shall be fully <br />protected in so complying, and (ii) if an Event of Default shall have occurred and be continuing and <br />the Issuer shall have received notice from the Administrative Agent, pay any dividends or other <br />payments with respect to the Pledged Stock directly to the Administrative Agent. <br />NY\5929604.13 <br />
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