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Case 1:20-bk-12043 Doc 465-1 Filed 10/09/20 Entered 10/09/20 14:01:47 Desc
<br /> Exhibit 1 - Sale Agreement between certain Debtors and the Stalking Horse Bidder Page 17 of 207
<br /> WSHA" means the Federal Mine Safety and Health Act of 1977, 30 U.S.C. §§ 801
<br /> et seq.
<br /> "Order" means any order, injunction, judgment, decree, ruling, writ, assessment or
<br /> arbitration award of, or entered, issued, made or rendered by, a Governmental Body.
<br /> "Ordinary Course of Business" means the ordinary and usual course of normal
<br /> day-to-day operations of the Purchased Operations in compliance with applicable Laws
<br /> consistent with past practice.
<br /> "OSHA" means the Occupational and Safety Health Act of 1970, 29 U.S.C. §§ 652
<br /> et seq.
<br /> "Owned Real Property" means all real property owned by any Seller and used by Seller
<br /> in the operation of the Purchased Operations, including that real property that is listed on
<br /> Schedule 1.1(c), together with all of the Sellers' right, title and interest in and to the following, as
<br /> it relates to such owned real property and as used or held for use by any Seller: (i) all buildings,
<br /> structures and improvements located on such real property owned by any Seller, (ii) all
<br /> improvements, fixtures, systems, equipment mine infrastructure, preparation plant structures and
<br /> improvements, loadout structures and improvements, rail sidings, or apparatus affixed to such
<br /> real property owned by any Seller, and any items of personal property of the Sellers attached or
<br /> appurtenant thereto, (iii) all rights of way or easements, if any, in or upon or appurtenant to such
<br /> real property owned by any Seller and all other rights and appurtenances belonging or in any way
<br /> pertaining to such real property owned by any Seller(including the right, title and interest of any
<br /> Seller in and to any underground and surface coal reserves, mineral rights, oil and gas rights and
<br /> interests, underground and surface coal and mining rights, surface rights, unrecouped minimum,
<br /> advance or pre-paid production royalty rights, support rights and waivers, subsidence rights,
<br /> water rights, or use of haul roads, utility easements or other rights of way relating or appurtenant
<br /> to such real property owned by any Seller), and (iv) all strips and gores and any land lying in the
<br /> bed of any public road, highway or other access way, open or proposed, adjoining such real
<br /> property owned by any Seller.
<br /> "Party" or "Parties" means Purchaser and each Seller, as the case may be.
<br /> "Permit Operating Agreement" means the agreement to be entered into by and between
<br /> the applicable Sellers and Purchaser or applicable Designated Purchaser, substantially in the
<br /> form attached as Exhibit A hereto.
<br /> "Permits" means the Mining Permits, drilling permits, Environmental Permits and other
<br /> permits held by Sellers in connection with the operation of the Purchased Operations and
<br /> Purchased Assets, and all pending applications for additional permits, renewals of existing
<br /> permits or amendments to existing permits which have been submitted to any Governmental
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<br /> 4844-9981-3577v6
<br /> 4821-9091-9881.v1
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