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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 party to or for the credit or the account of the Pledgor, or any part thereof in such amounts as such <br />Credit Party may elect, against and on account of the obligations and liabilities of the Pledgor to such <br />Credit Party hereunder and claims of every nature and description of such Credit Party against the <br />Pledgor, in any currency, arising hereunder, under the Credit Agreement or any other Loan Document, as <br />such Credit Party may elect, whether or not such Credit Party has made any demand for payment and <br />although such obligations, liabilities and claims may be contingent or unmatured. Each Credit Party <br />exercising any right of set-off shall notify the Pledgor promptly of any such set-off and the application <br />made by such Credit Party of the proceeds thereof, provided that the failure to give such notice shall not <br />affect the validity of such set-off and application. The rights of each Credit Party under this Section 9.6 <br />are in addition to other rights and remedies (including, without limitation, other rights of set-off) which <br />such Credit Party may have. <br />9.7 Counterparts. This Agreement may be executed by one or more of the parties to this <br />Agreement on any number of separate counterparts, and all of said counterparts taken together shall be <br />deemed to constitute one and the same instrument. Delivery of an executed counterpart of a signature of <br />this Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually <br />executed counterpart of this Agreement. <br />9.8 Severability. Any provision of this Agreement which is prohibited or unenforceable in any <br />jurisdiction with respect to the Pledgor shall, as to such jurisdiction, be ineffective to the extent of such <br />prohibition or unenforceability without invalidating the remaining provisions hereof with respect to the <br />Pledgor, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render <br />unenforceable such provision in any other jurisdiction with respect to such Pledgor. The parties hereto <br />shall endeavor in good -faith negotiations to replace any invalid, illegal or unenforceable provisions with <br />valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or <br />unenforceable provisions. <br />9.9 Section Headings. The Section headings used in this Agreement are for convenience of <br />reference only and are not to affect the construction hereof or be taken into consideration in the <br />interpretation hereof. <br />9.10 Integration. This Agreement and the other Loan Documents represent the agreement of the <br />Pledgor, the Administrative Agent and the Secured Parties with respect to the subject matter hereof and <br />thereof, and supersedes any and all previous agreements and understandings, oral or written, relating to <br />the subject matter hereof and thereof. There are no promises, undertakings, representations or warranties <br />by any Secured Party relative to the subject matter hereof and thereof not expressly set forth or referred to <br />herein or therein. <br />9.11 GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY, AND <br />CONSTRUED AND INTERPRETED IN ACCORDANCE WITH, THE LAW OF THE STATE <br />OF NEW YORK. <br />18 <br />NY\5929604.13 <br />
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