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16. Secured Claim - A claim secured by a lien and <br />security interests or other charge against or interests in <br />property in which the Debtor has an interest, or for which <br />there is a claim that the claim holder may set off under <br />Section 553 of the Bankruptcy Code to the extent of the <br />value determined in accordance with Section 506(a) or <br />Section 1111(b) of the Bankruptcy Code (whichever is <br />applicable) of the interest of the holder of such claim in <br />the Debtor's interest in such property or to the extent to <br />the amount subject to such setoff, as the case may be. <br />17. Ultimately Allowed Claim - Any Contested Claim <br />that has become an Allowed Claim. <br />18. Unimpaired Creditors - Any Creditors or any class <br />of Creditors with Allowed Claims that are not impaired under <br />the Amended Plan pursuant to Section 1124 of the Bankruptcy <br />Code. <br />19. Arness-McGriffin Coal Company or AMCC - The owner <br />of certain surface rights and party to a number of lease <br />agreements covering mineral lands. There surface rights and <br />mineral lands make up the Coal Gulch Mine site located <br />outside of Durango, Colorado. <br />20. Durango Coal Company or DCC - The entity which is <br />a party to the Option and Joint venture Agreement executed <br />May 16, 1984 with Peerless. DCC is also a party to the <br />Sublease Agreement with AMCC whereby DCC leased the mineral <br />surface rights and subleased AMCC's leased lands. Under this <br />Plan of Reorganization, DCC is the entity which will operate <br />the mine site and fund the reorganization. <br />21. Colorado Mined Land Reclamation Division or MLRD <br />- The state agency which oversees reclamation of mined <br />lands. The MLRD issued Permit No. C-067-84 to Peerless <br />which is required for none operations to take place. <br />22. Coal Mine Permit or Permit - The permit issued by <br />the Colorado Mined Land Reclamation Division to Peerless. <br />The Permit No. is C-067-84. <br />23. Coal Gulch Mine - The actual name of the mine <br />site located outside of Durango, Colorado. <br />24. The Sublease Agreement or the AMCC/DCC Sublease <br />Agreement - The Agreement dated May 24, 1984 and executed <br />between AMCC and DCC. Under this Agreement, AMCC leased its <br />mineral surface rights to DCC and subleased its lease <br />mineral properties to DCC. Under the Agreement, DCC was <br />given the right to explore, develop and mine the Coal Gulch <br />Mine site. <br />