Exclusion of Ancillary Portions of Subject Assets. The Parties agree that the Subject Assets subject to the Sale/Leaseback shall not include any portion of the mineral reserves, mining rights, surface property or other real property associated with Xxxxxxxxx’x Parkway Mine. The Parties further acknowledge that the partial undivided in those surface properties previously conveyed to WMD associated with the Parkway Mine do not generate any royalty payments to WMD, and accordingly WMD agrees, in further consideration for the rights granted herein, to quitclaim those properties to WLC and WD, and WMD hereby waives any rights of first refusal it may have under the Credit and Collateral Support Fee, Indemnification and Right of First Refusal Agreement dated February 9, 2011, insofar as the parcels excluded herein are transferred to the Xxxxxxx Joint Venture as such term is defined in the Credit Agreement.
Appears in 4 contracts
Samples: Royalty Deferment and Option Agreement (Armstrong Energy, Inc.), Royalty Deferment and Option Agreement (Armstrong Energy, Inc.), Royalty Deferment and Option Agreement (Armstrong Resource Partners, L.P.)
