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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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8.4 No Individual Foreclosure, Etc. No Secured Party shall have any right individually to <br />realize upon any of the Collateral except to the extent expressly contemplated by this Agreement or the <br />other Loan Documents, it being understood and agreed that all powers, rights and remedies under the <br />Loan Documents may be exercised solely by the Administrative Agent on behalf of the Secured Parties in <br />accordance with the terms thereof. Each Secured Party, whether or not a party hereto, will be deemed, by <br />its acceptance of the benefits of the Collateral provided under the Pledge Agreements, to have agreed to <br />the foregoing provisions and the other provisions of this Agreement. Without limiting the generality of <br />the foregoing, each Secured Party authorizes the Administrative Agent to credit bid all or any part of the <br />Secured Obligations held by it. <br />8.5 Qualified Counterparties. No Qualified Counterparty that obtains the benefits of the <br />Security Documents or any Collateral by virtue of the provisions of the Credit Agreement or of the <br />Security Documents (other than as a Majority Holder pursuant to the provisions of Section 8.1(b)), shall <br />have any right to notice of any action or to consent to, direct or object to any action under any Loan <br />Document or otherwise in respect of the Collateral (including the release or impairment of any Collateral) <br />other than in its capacity as a Lender and, in such case, only to the extent expressly provided in the Loan <br />Documents. Notwithstanding any other provision of this Agreement to the contrary, the Administrative <br />Agent shall not be required to verify the payment of, or that other satisfactory arrangements have been <br />made with respect to, Secured Obligations arising under Secured Hedge Agreements and Secured Cash <br />Management Agreements unless the Administrative Agent has received written notice of such Secured <br />Obligations, together with such supporting documentation as the Administrative Agent may request, from <br />the applicable Qualified Counterparty. <br />SECTION 9. MISCELLANEOUS <br />9.1 Amendments in Writing. None of the terms or provisions of this Agreement may be <br />waived, amended, supplemented or otherwise modified except in accordance with Section 10.01 of the <br />Credit Agreement. After the Payment in Full, the provisions of this Agreement may be waived, amended, <br />supplemented or otherwise modified by a written instrument executed by the Pledgor and the Majority <br />Holders. <br />9.2 Notices. All notices, requests and demands to or upon the Administrative Agent or the <br />Pledgor hereunder shall be effected in the manner provided for in <br />16 <br />NY\5929604.13 <br />
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