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2016-02-22_ENFORCEMENT - C1981044
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2016-02-22_ENFORCEMENT - C1981044
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Last modified
8/24/2016 6:19:23 PM
Creation date
3/4/2016 10:58:32 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981044
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.
TDNX16140182004
Email Name
JRS
MPB
DIH
TNL
Media Type
D
Archive
No
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SECTION 4. COVENANTS <br />The Pledgor covenants and agrees with the Credit Parties that, from and after the date of this <br />Agreement until the Payment in Full: <br />4.1 Covenants in Credit Agreement. The Pledgor shall take, or shall refrain from taking, as the <br />case may be, each action that is necessary to be taken or not taken, as the case may be, so that no Default <br />or Event of Default is caused by the failure to take such action or to refrain from taking such action by the <br />Pledgor. <br />4.2 Delivery and Control of Pledged Stock. If any of the Collateral becomes evidenced or <br />represented by any Certificated Security, such Certificated Security shall be promptly delivered to the <br />Administrative Agent, duly endorsed in a manner satisfactory to the Administrative Agent, to be held as <br />Collateral pursuant to this Agreement. If any of the Collateral becomes evidenced or represented by an <br />Uncertificated Security, the Pledgor shall promptly cause the Issuer either (a) to register the <br />Administrative Agent as the registered owner of such Uncertificated Security, upon original issue or <br />registration of transfer, or (b) to agree in writing with the Pledgor and the Administrative Agent that the <br />Issuer will, upon an Event of Default, comply with instructions with respect to such Uncertificated <br />Security originated by the Administrative Agent without further consent of the Pledgor, such agreement <br />to be in substantially the form of Exhibit A or in form and substance reasonably satisfactory to the <br />Administrative Agent. <br />4.3 Maintenance of Perfected Security Interest. The Pledgor shall maintain the security <br />interest created by this Agreement as a perfected security interest having at least the priority described in <br />Section 3.3 and shall take all reasonable actions to defend such security interest against the claims and <br />demands of all Persons whomsoever (subject to Liens permitted to exist on the Collateral under Section <br />3.3). <br />4.4 Pledged Stock. (a) If the Pledgor shall become entitled to receive or shall receive any stock <br />or other ownership certificate (including, without limitation, any certificate representing a stock dividend <br />or a distribution in connection with any reclassification, increase or reduction of capital or any certificate <br />issued in connection with any reorganization), or option or rights in respect of the Pledged Stock of the <br />Issuer, whether in addition to, in substitution of, as a conversion of, or in exchange for, any shares of or <br />other ownership interests in the Pledged Stock, or otherwise in respect thereof, the Pledgor shall accept <br />the same as the agent of the Secured Parties, hold the same in trust for the Secured Parties and deliver the <br />same forthwith to the Administrative Agent in the exact form received, duly endorsed by the Pledgor to <br />the Administrative Agent, if required, together with an undated stock power covering such certificate duly <br />executed in blank by the Pledgor to be held by the Administrative Agent, subject to the terms hereof, as <br />additional collateral security for the Secured Obligations. If an Event of Default shall have occurred and <br />be continuing and any sums of money or property so paid or distributed in respect of the Pledged Stock <br />shall be received by the Pledgor, the Pledgor shall, <br />6 <br />NY\5929604.13 <br />
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