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2020-12-14_GENERAL DOCUMENTS - C1980004 (2)
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2020-12-14_GENERAL DOCUMENTS - C1980004 (2)
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Last modified
12/16/2020 5:28:58 PM
Creation date
12/16/2020 11:37:00 AM
Metadata
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Template:
DRMS Permit Index
Permit No
C1980004
IBM Index Class Name
General Documents
Doc Date
12/14/2020
Doc Name Note
Case No. 20-12043 (GRH) Hopedale Mining LLC
Doc Name
Bankruptcy Notice
From
Steptoe
To
DRMS
Permit Index Doc Type
General Correspondence
Email Name
JRS
JDM
GRM
CMM
CCW
Media Type
D
Archive
No
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Case 1:20-bk-12043 Doc 553 Filed 12/07/20 Entered 12/07/20 07:43:12 Desc Main <br />Document Page 2 of 3 <br />This matter came before the Court on Creditor Brian Hughs' ("Movant") Motion for <br />Relief From the Automatic Stay with Respect to Directors & Officers Insurance (the "Motion") <br />The Official Committee of Unsecured Creditors having withdrawn its objection to Movant's <br />ability to make a claim against Debtor Rhino Resource Partners, LP's ("Rhino") Directors & <br />Officers Insurance, the Motion being otherwise uncontested, and the Court having been <br />otherwise fully informed, IT IS HEREBY ORDERED that: <br />1. The Motion is GRANTED. Movant is hereby granted relief from the automatic <br />stay provision of 11 U.S.C. 362(a) for the sole purpose of lodging a claim against <br />the Executive and Corporate Securities Liability Insurance Policy issued by XL <br />Specialty Insurance Company, policy number ELU157572-18, that is currently an <br />asset of Rhino's bankruptcy estate. <br />2. Movant waives any and all claims that he may have against the Debtors' <br />bankruptcy estates with respect to his claims for indemnification for costs and <br />fees previously incurred in connection with his role as an officer or director of <br />Rhino and non -debtor Royal Energy Resources, Inc ("Movant's Claim") <br />3. Any recovery for Movant's Claim against the Debtors shall be limited to any and <br />all applicable insurance coverage. <br />4. Nothing in this Order: (i) alters, modifies, or otherwise amends the terms and <br />conditions of, or the coverage provided by, any insurance policies issued at any <br />time to any of the Debtors, their affiliates or predecessors of any of the foregoing <br />or of any agreements related thereto (collectively, the "Insurance Contracts"); (ii) <br />shall be deemed to be a waiver of any rights and defenses to coverage of the <br />pertinent Insurance Company of the Debtors or its affiliates under any policies <br />
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