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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
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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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such form and in such offices as the Administrative Agent reasonably determines appropriate to perfect or <br />maintain the perfection of the security interests of the Administrative Agent under this Agreement. The <br />Pledgor agrees that such financing statements may describe the collateral in the same manner as described <br />in this Agreement or such other description as the Administrative Agent, in its reasonable judgment, <br />determines is necessary or advisable. A photographic or other reproduction of this Agreement shall be <br />sufficient as a financing statement or other filing or recording document or instrument for filing or <br />recording in any jurisdiction. <br />SECTION 7. LIEN ABSOLUTE <br />7.1 Security Interest Absolute. All rights of the Administrative Agent and all obligations of the <br />Pledgor hereunder shall be absolute and unconditional irrespective of, and Pledgor hereby waives all <br />rights, claims, and defenses that it might otherwise have (now or in the future) (other than related to <br />payment and performance) with respect to, in each case: (a) any lack of validity or enforceability of the <br />Credit Agreement, any other Loan Document, any of the Secured Obligations or any other agreement or <br />instrument relating to any of the foregoing, (b) any renewal or extension of, or any increase in the amount <br />of the Secured Obligations, any change in the time, manner or place of payment of, or in any other term <br />of, all or any of the Secured Obligations, or any other amendment, supplement, modification or waiver of <br />or any consent to any departure from the Credit Agreement or any other Loan Document (other than this <br />Agreement) or any Secured Hedge Agreement or Secured Cash Management Agreement, (c) any defense, <br />set-off or counterclaim which may at any time be available to or be asserted by the Borrower or any other <br />Person against any Credit Party, (d) any exchange, release or nonperfection of any Lien on other <br />collateral, or any release or amendment or waiver of or consent under or departure from any guarantee, <br />securing or guaranteeing all or any of the Secured Obligations or (e) any other circumstance that might <br />otherwise constitute a defense available to, or a discharge of, the Pledgor in respect of the Secured <br />Obligations or this Agreement. <br />7.2 Continuing Rights. When making any demand hereunder or otherwise pursuing its <br />rights and remedies hereunder against the Pledgor, the Administrative Agent may, but shall be under no <br />obligation to, make a similar demand on or otherwise pursue such rights and remedies as it may have <br />against Borrower, the Pledgor or any other Person or against any collateral security or guarantee for the <br />Secured Obligations or any right of offset with respect thereto, and any failure by the Administrative <br />Agent to make any such demand, to pursue such other rights or remedies or to collect any payments from <br />Borrower, the Pledgor or any other Person or to realize upon any such collateral security or guarantee or <br />to exercise any such right of offset, or any release of Borrower, the Pledgor or any other Person or any <br />such collateral <br />12 <br />NY\5929604.13 <br />
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