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Case 1:20-bk-12043 Doc 124-1 Filed 07/29/20 Entered 07/29/20 20:57:30 Desc <br /> Exhibit A - Proposed Sale Order Page 24 of 43 <br /> Agreement) that are not Transferred Permits (as defined in the Stalking <br /> Horse Agreement); <br /> viii. all Liabilities with respect to Causes of Action (as defined in the Stalking <br /> Horse Agreement) pending before the Closing Date or to the extent <br /> against or giving rise to Liability against the Business of the Assets prior <br /> to the Closing Date, even if instituted after the Closing Date; <br /> ix. any Liability of the Debtors under any Indebtedness (as defined in the <br /> Stalking Horse Agreement), including any Indebtedness owed by any <br /> Debtor to any direct or indirect Affiliate (as defined in the Stalking Horse <br /> Agreement) of such Debtor, and any obligations or liability under debtor <br /> in possession financing incurred by the Debtors during the Bankruptcy <br /> Cases; <br /> x. subject to the Assumed Liabilities set forth in Section 2.3(f) of the <br /> Stalking Horse Agreement, all Liabilities under the Federal Coal Mine <br /> Safety and Health Act of 1969, the Black Lung Benefits Act of 1972, the <br /> MSHA, the Black Lung Benefits Reform Act of 1977, and the Black Lung <br /> Benefits Amendments of 1981, in each case as amended (collectively, the <br /> "Black Lung Act") or any Laws due to an employee claiming or having <br /> suffered or incurred any accident, injury, disease, exposure, illness, <br /> disability or other adverse mental or physical condition, including those <br /> Liabilities arising out of an employee's and his or her beneficiaries' rights <br /> under applicable Laws ("Workers' Compensation Laws") related to the <br /> Assets including with respect to employees who have performed services <br />