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(v) continuing any efforts to sell, lease, market, hypothecate, transfer or
<br />encumber the Red Arrow Collateral, and any portions thereof, in whole or in part; and
<br />(vi) from entering upon the Red Arrow Collateral without the prior express
<br />consent of the Receiver, which shall not be unreasonably withheld, or the Court;
<br />(i) that the Receiver is authorized to continue any business operated with respect to
<br />the Red Arrow Collateral, including continuing to manage, operate, lease, contract, market and,
<br />upon further Court order and with the consent of Lender, sell the Red Arrow Collateral;
<br />0) that the Receiver is authorized to retain, hire or discharge employees at the
<br />Property, without any liability to the Receiver;
<br />(k) that the Receiver is authorized to open one or more bank accounts and authorized,
<br />but not obligated to, make payments and disbursements, in the ordinary course of business, as
<br />may be needed and proper for the preservation of the Red Arrow Collateral;
<br />(1) that the Receiver is authorized to maintain appropriate insurance and Mine
<br />bonding, authorized to continue any current policies or bonds in place, and authorized to
<br />purchase further insurance with regard to the Red Arrow Collateral, or to post additional bond
<br />amounts, as the Receiver deems appropriate, subject to Approval, as defined below;
<br />(m) that the Receiver is authorized to pay all current and past due real estate taxes,
<br />severance taxes, ad valorum taxes, royalties, personal property taxes and any other taxes and
<br />assessments against any of the Red Arrow Collateral, but subject to Approval in the event net
<br />operating income from the Property is not sufficient to pay such taxes and assessments at any
<br />given time;
<br />(n) that the Receiver is authorized to prepare and file tax returns with respect to the
<br />Red Arrow Collateral as may be required by law, provided, however, that the Receiver shall not
<br />be responsible for the preparation of any tax returns for the Defendants, their members, or any of
<br />their respective affiliates;
<br />(o) that the Receiver is authorized to: 1) reject or cancel any leases, reservations, or
<br />unexpired contracts related to the Red Arrow Collateral; 2) negotiate and enter into contracts and
<br />leases in the ordinary course of the business of operating or preserving the Red Arrow Collateral;
<br />3) modify, terminate and enforce remedies under all contracts and leases in the ordinary course
<br />of the business of the Red Arrow Collateral; 4) pay all royalties, utilities, expenses and other
<br />obligations secured by, or which may give rise to, liens, and all other outstanding obligations to
<br />contractors, suppliers and servicers in the ordinary course of business, including, with Approval,
<br />obligations incurred prior to the commencement of the receivership so long as the Receiver has
<br />determined in its discretion that it is prudent to do so in order to maintain business relationships
<br />that are beneficial to the conduct of the receivership; 5) make repairs necessary in order to
<br />preserve the Red Arrow Collateral in the ordinary course of business, provided, however, that the
<br />Receiver shall not make any improvements or repairs having a cost of $25,000.00 or more
<br />without first obtaining Approval; 6) take any and all actions necessary to complete development
<br />of the Red Arrow Collateral, mine or mill Minerals, and conduct reclamation with respect to the
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