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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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(iv) (1) ask or demand for, collect, and receive payment of and receipt for, any and all <br />moneys, claims and other amounts due or to become due at any time in respect of or arising out of <br />any Collateral; (2) sign and endorse any assignments, verifications, notices and other documents <br />in connection with any of the Collateral; (3) commence and prosecute any suits, actions or <br />proceedings at law or in equity in any court of competent jurisdiction to collect the Collateral or <br />any portion thereof and to enforce any other right in respect of any Collateral; (4) defend any suit, <br />action or proceeding brought against the Pledgor with respect to any Collateral; (5) settle, <br />compromise or adjust any such suit, action or proceeding and, in connection therewith, give such <br />discharges or releases as the Administrative Agent may deem appropriate; and (6) generally, sell, <br />transfer, pledge and make any agreement with respect to or otherwise deal with any of the <br />Collateral as fully and completely as though the Administrative Agent were the absolute owner <br />thereof for all purposes, and do, at the Administrative Agent's option and the Pledgor's expense, <br />at any time, or from time to time, all acts and things which the Administrative Agent deems <br />necessary to protect, preserve or realize upon the Collateral and the Secured Parties' security <br />interests therein and to effect the intent of this Agreement, all as fully and effectively as the <br />Pledgor might do. <br />Anything in this Section 6.1(a) to the contrary notwithstanding, the Administrative Agent <br />agrees that, except as provided in Section 6.1(b), it will not exercise any rights under the power of <br />attorney provided for in this Section 6.1(al unless an Event of Default shall have occurred and be <br />continuing. <br />(b) If the Pledgor fails to perform or comply with any of its agreements in this Agreement, the <br />Administrative Agent, at its option, but without any obligation so to do, may perform or comply, or <br />otherwise cause performance or compliance, with such agreements; provided, however, that unless an <br />Event of Default has occurred and is continuing, the Administrative Agent shall not exercise this power <br />without first making demand on the Pledgor and the Pledgor failing to promptly comply therewith. <br />(c) The expenses of the Administrative Agent incurred in connection with actions undertaken as <br />provided in this Section 6.1 shall be payable by the Pledgor to the extent that they would be payable by <br />the Borrower pursuant to Section 10.04(a) of the Credit Agreement. <br />(d) The Pledgor hereby ratifies all that said attorneys shall lawfully do or cause to be done by <br />virtue hereof. All powers, authorizations and agencies contained in this Agreement are coupled with an <br />interest and are irrevocable until a Discharge of the Secured Obligations. <br />6.2 Authorization of Financing Statements. The Pledgor acknowledges that pursuant to <br />Section 9-509(b) of the UCC and any other applicable law, the Administrative Agent is authorized to file <br />or record financing or continuation statements, and amendments thereto, and other filing or recording <br />documents or instruments with respect to the Collateral in <br />11 <br />
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