Active Operating Properties definition

Active Operating Properties means all property which is the subject of outstanding Environmental Health and Safety Permits issued to any Loan Party or any Subsidiary of any Loan Party.

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Active Operating Properties means all property included in Permits currently issued to the Subject Companies prior to the Closing or property that is necessary or required to operate the Business in the manner currently conducted.

Active Operating Properties means all property covered by outstanding Permits (a) issued to any of the Loan Parties or (b) to be transferred to any of the Loan Parties in connection with a completed acquisition of assets or Equity Interests by any of the Loan Parties, but shall exclude all property covered by outstanding Permits which any of the Loan Parties are contractually bound to transfer to another person pursuant to a completed disposition of assets or Equity Interests.

Examples of Active Operating Properties in a sentence

Except as disclosed on the Real Property Disclosure Schedule and except as could not reasonably be expected to have a Material Adverse Effect on the Company, neither the Company nor its Subsidiaries are in default under any lease relating to Active Operating Properties and Reserves, Operating Facilities or Other Real Property.
In addition to words and terms defined elsewhere in this Agreement, the following words and terms shall have the following meanings, respectively, unless the context hereof clearly requires otherwise: Active Operating Properties shall mean all owned and leased real property included in outstanding permits issued to any of the Loan Parties or any Subsidiary of any Loan Party.
In addition to words and terms defined elsewhere in this Agreement, the following words and terms shall have the following meanings, respectively, unless the context hereof clearly requires otherwise: Active Operating Properties shall mean all property which is the subject of outstanding Environmental Health and Safety Permits issued to any Loan Party or any Subsidiary of any Loan Party.
The Acquired Companies are not in material default under any material lease relating to Active Operating Properties or other real property.
Each Loan Party has a sufficient mine bonding capacity to be able to replace the bonds currently in place for all its Active Operating Properties and to carry on its business as now conducted and as currently proposed to be conducted.
There are no existing material claims by or material disputes between Persons owning, controlling or occupying lands or realty adjoining or near any of Active Operating Properties and Reserves and the Acquired Companies or the Seller Parties or regarding adverse possession, the location of boundary lines, encroachments, mineral rights, subsidence, water quality or quantity, flood damage, blasting damage, trespass, waste, transportation of coal or other materials, nuisances or any other similar matter.
The Subject Companies are not in material default under any material lease relating to Active Operating Properties or other real property.
Active Operating Properties shall mean all Property subject to any outstanding Permit relating to the mining extraction, removal, processing, transportation of coal or methane gas, or other similar types of activities issued to the Borrower or any other Loan Party.
Each of Holdings, the Borrower and each of the other Subsidiaries has a sufficient mine bonding capacity to be able to replace the bonds currently in place for all its Active Operating Properties and to carry on its business as now conducted and as currently proposed to be conducted.

More Definitions of Active Operating Properties

Active Operating Properties means all Property subject to any outstanding Permit relating to the mining extraction, removal, processing, transportation of coal or methane gas, or other similar types of activities issued to the Borrower or any other Loan Party. Affiliate as to any Person shall mean any other Person (i) which directly or indirectly controls, is controlled by, or is under common control with such Person, (ii) which beneficially owns or holds 10% or more of any class of the voting or other equity interests of such Person, or (iii) 10% or more of any class of voting interests or other equity interests of which is beneficially owned or held, directly or indirectly, by such Person. Control, as used in this definition, shall mean the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of a Person, whether through the ownership of voting securities, by contract or otherwise, including the power to elect a majority of the directors or trustees of a corporation or trust, as the case may be. Agent’s Fee shall have the meaning assigned to that term in Section 10.15. Agreement shall mean this Amended and Restated Credit Agreement, as the same may be supplemented or amended from time to time, including all schedules and exhibits. Anti-Terrorism Laws shall mean any Laws relating to terrorism or money laundering, including Executive Order No. 13224, the USA Patriot Act, the Laws comprising or implementing the Lender Secrecy Act, and the Laws administered by the United States Treasury Department’s Office of Foreign Asset Control (as any of the foregoing Laws may from time to time be amended, renewed, extended, or replaced).

Active Operating Properties means all property covered by outstanding Environmental or Mining Permits (a) issued to any of the Companies or (b) to be transferred to any of the Companies in connection with a completed acquisition of assets or Equity Interests by any of the Companies, but shall exclude all property covered by outstanding Environmental or Mining Permits which any of the Companies are contractually bound to transfer to another person (other than another Company).