Common use of Limitation on Guarantee Obligations Clause in Contracts

Limitation on Guarantee Obligations. Create, incur, assume or suffer to exist, and shall not permit any Subsidiary to create, incur, assume or suffer to exist, any Guarantee Obligation except: (a) guarantees of obligations to third parties made in the ordinary course of business in connection with relocation of employees of the Borrower or any of its Subsidiaries; (b) Guarantee Obligations existing on the date hereof and described in Schedule 6.6; (c) Guarantee Obligations which by their terms (either mandatorily or at the unfettered option of the Borrower) are payable solely in Capital Stock (other than Mandatory Redeemable Stock) of the Borrower provided that the Borrower agrees to cause any payment under any such outstanding obligation to be made only in such Capital Stock; and (d) Guaranteed Obligations permitted pursuant to Section 6.10, 6.8(k)(y) or 6.8(k)(z), or issued in connection with Indebtedness permitted pursuant to Section 6.10 so long as such Guaranteed Obligations are not secured by the assets of the Borrower or any of its Subsidiaries (except to the extent that the Indebtedness being guaranteed is permitted to be secured by the assets of the Borrower or any of its Subsidiaries).

Limitation on Guarantee Obligations. Create, incur, assume or suffer to exist, and shall not permit any Subsidiary to create, incur, assume or suffer to exist, exist any Guarantee Obligation Obligation, except: : (a) guarantees of obligations to third parties the Guarantee Obligations listed on Schedule 4.17; (b) Guarantee Obligations made in the ordinary course of its business in connection with relocation by Company of employees obligations (other than Indebtedness) of the Borrower or any of its Subsidiaries; (b) Guarantee Obligations existing on the date hereof and described in Schedule 6.6; , which obligations are otherwise permitted under this Agreement; (c) Guarantee Obligations which by their terms (either mandatorily Company of Indebtedness of any Subsidiary, Unrestricted Subsidiary or at Joint Venture; provided, however, that any outstanding Guarantee Obligations permitted under this Section 7.4(c) in respect of Indebtedness of any Unrestricted Subsidiary or Joint Venture shall reduce on a dollar-for-dollar basis the unfettered option of the Borrower$90,000,000 limitation otherwise available for Indebtedness permitted under Section 7.2(e) are payable solely in Capital Stock (other than Mandatory Redeemable Stock) of the Borrower provided and that the Borrower agrees to cause any payment sum of all Indebtedness permitted under any such outstanding obligation to be made only in such Capital Stock; and (dSection 7.2(e) Guaranteed and all Guarantee Obligations permitted pursuant to this Section 6.107.4(c) shall not exceed $90,000,000 in the aggregate; provided further, 6.8(k)(y) or 6.8(k)(z), or issued in connection that Company may not incur any Guarantee Obligation with respect to Indebtedness of any Subsidiary permitted pursuant to Section 6.10 7.2(h); and (d) Guarantee Obligations of the Subsidiaries of Company in respect of the Revolving Loan Obligations and the Anglo American Loan Obligations, so long as such Guaranteed Obligations are not secured by the assets of the Borrower or any of its Subsidiaries (except to the extent that the Indebtedness being guaranteed is permitted to be secured by the assets of the Borrower or any of its Subsidiaries)Intercreditor Agreement remains in full force and effect.

Limitation on Guarantee Obligations. Create, incur, assume or suffer to exist, and shall not permit any Subsidiary to create, incur, assume or suffer to exist, exist any Guarantee Obligation except: except (a) guarantees Guarantee Obligations in existence on the date hereof and listed on Schedule 8.4, (b) Guarantee Obligations arising under the Loan Documents, (c) Guarantee Obligations with respect to Indebtedness permitted by subsection 8.2 (other than subsections (g) and (h) thereof), (d) Guarantee Obligations incurred by any Borrower or any Subsidiary thereof with respect to any obligations or liabilities of a Borrower or any Subsidiary thereof, so long as the incurring of such obligations to third parties made or liabilities is not prohibited by Section 8.2 hereof, and (e) Guarantee Obligations issued by the Borrower or by any of its Subsidiaries in the ordinary course of business of obligations of other Persons (other than in respect of Indebtedness) in connection with relocation of employees of current oil and gas drilling, oil and gas production, oil and gas transportation, crude oil purchasing, oil and gas exploration or other similar programs or operations. Notwithstanding any provision in this Section 8.4, the Borrower and one or any more of its Subsidiaries; (b) Subsidiaries shall be permitted to incur Guarantee Obligations existing on the date hereof and described in Schedule 6.6; (ci) Guarantee Obligations which by their terms (either mandatorily or at the unfettered option of the Borrower) are payable solely in Capital Stock (other than Mandatory Redeemable Stock) of the Borrower provided that the Borrower agrees to cause any payment under any such outstanding obligation to be made only in such Capital Stock; and (d) Guaranteed Obligations permitted pursuant to Section 6.10, 6.8(k)(y) or 6.8(k)(z), or issued in connection with the Drilling Rig Transaction as described in the First Amendment to Credit Agreement dated February 21, 2008 in an amount not to exceed $10,300,000.00, and (ii) with respect to Indebtedness permitted pursuant by subsection 8.2(h) not to exceed $2,500,000 in the aggregate.” 2.5 Section 6.10 so long 10.11 (Others). Section 10.11 is amended to read as such Guaranteed Obligations are not secured by the assets of the Borrower or any of its Subsidiaries (except to the extent that the Indebtedness being guaranteed is permitted to be secured by the assets of the Borrower or any of its Subsidiaries).follows:

Limitation on Guarantee Obligations. Create, incur, assume or suffer to exist, and shall not permit any Subsidiary to create, incur, assume or suffer to exist, exist any Guarantee Obligation Obligation, except: : (a) guarantees of obligations to third parties the Guarantee Obligations listed on Schedule 4.17; (b) Guarantee Obligations made in the ordinary course of its business in connection with relocation by Company of employees obligations (other than Indebtedness) of the Borrower or any of its Subsidiaries; (b) Guarantee Obligations existing on the date hereof and described in Schedule 6.6; , which obligations are otherwise permitted under this Agreement; (c) Guarantee Obligations which by their terms (either mandatorily Company of Indebtedness of any Subsidiary, Unrestricted Subsidiary, or at Joint Venture; provided, however, that any outstanding Guarantee Obligations permitted under this Section 7.4(c) in respect of Indebtedness of any Unrestricted Subsidiary or Joint Venture shall reduce on a dollar-for-dollar basis the unfettered option of the Borrower$90,000,000 limitation otherwise available for Indebtedness permitted under Section 7.2(e) are payable solely in Capital Stock (other than Mandatory Redeemable Stock) of the Borrower provided and that the Borrower agrees to cause any payment sum of all Indebtedness permitted under any such outstanding obligation to be made only in such Capital Stock; and (dSection 7.2(e) Guaranteed and all Guarantee Obligations permitted pursuant to this Section 6.107.4(c) shall not exceed $90,000,000 in the aggregate; provided further, 6.8(k)(y) or 6.8(k)(z), or issued in connection that Company may not incur any Guarantee Obligation with respect to Indebtedness of any Subsidiary permitted pursuant to Section 6.10 7.2(h); and (d) Guarantee Obligations of the Subsidiaries of Company in respect of the DK Loan Obligations and the Secured Agreement Obligations, so long as such Guaranteed Obligations are not secured by the assets of the Borrower or any of its Subsidiaries (except to the extent that the Indebtedness being guaranteed is permitted to be secured by the assets of the Borrower or any of its Subsidiaries)Intercreditor Agreement remains in full force and effect.

Limitation on Guarantee Obligations. Create, incur, assume or ----------------------------------- suffer to exist, and shall not permit any Subsidiary to create, incur, assume or suffer to exist, exist any Guarantee Obligation except: (a) guarantees Guarantee Obligations in existence on the Closing Date and listed on Schedule 7.4 and extensions, renewals and replacements thereof, including the exercise of obligations to third parties made in a 5% option requiring an increase of the ordinary course of business in connection with relocation of employees Guarantee Obligations of the Borrower in respect of Black Beauty Coal Company provided, however, that no such extension, renewal or any replacement shall shorten the fixed maturity or increase the principal amount of its Subsidiariesthe Indebtedness guaranteed by the original guarantee; (b) Guarantee Obligations existing on not otherwise permitted under this subsection 7.4 incurred after the date hereof Closing Date in an aggregate amount not to exceed $50,000,000 at any one time outstanding for the Borrower and described in Schedule 6.6its Restricted Subsidiaries provided, however, that any such Guarantee Obligations incurred by the Borrower and any of its Restricted Subsidiaries with respect to the same transaction shall be treated as a single transaction for the purposes of calculating the amount of Guarantee Obligations outstanding under this subsection 7.4(b); (c) Guarantee Obligations which guarantees made by their terms (either mandatorily or at the unfettered option of the Borrower) are payable solely in Capital Stock (other than Mandatory Redeemable Stock) Subsidiaries of the Borrower pursuant to the Senior Notes Documents and the Subordinated Notes Documents; provided that such Subsidiaries are parties to the Borrower agrees to cause any payment under any such outstanding obligation to be made only in such Capital Stock; andGuarantee and Collateral Agreement; (d) Guaranteed Guarantee Obligations permitted pursuant to Section 6.10, 6.8(k)(y) or 6.8(k)(z), or issued in connection with Indebtedness permitted pursuant to Section 6.10 so long as such Guaranteed Obligations are not secured by the assets of the Borrower or any of its Subsidiaries Credit Parties created under the Credit Documents; (except to e) the extent that the Indebtedness being guaranteed is permitted to be secured by the assets of the Borrower or any of its Subsidiaries).L/C Obligations;

Limitation on Guarantee Obligations. Create, incur, assume or suffer to exist, and shall not permit any Subsidiary to create, incur, assume or suffer to exist, exist any Guarantee Obligation Obligation, except: : (a) guarantees of obligations to third parties the Guarantee Obligations listed on Schedule 4.17; (b) Guarantee Obligations made in the ordinary course of its business in connection with relocation by Company of employees obligations (other than Indebtedness) of the Borrower or any of its Subsidiaries; (b) Guarantee Obligations existing on the date hereof and described in Schedule 6.6; , which obligations are otherwise permitted under this Agreement; (c) Guarantee Obligations which by their terms (either mandatorily Company of Indebtedness of any Subsidiary, Unrestricted Subsidiary, or at Joint Venture; provided, however, that any outstanding Guarantee Obligations permitted under this Section 7.4(c) in respect of Indebtedness of any Unrestricted Subsidiary or Joint Venture shall reduce on a dollar-for-dollar basis the unfettered option of the Borrower$55,000,000 limitation otherwise available for Indebtedness permitted under Section 7.2(e) are payable solely in Capital Stock (other than Mandatory Redeemable Stock) of the Borrower provided and that the Borrower agrees to cause any payment sum of all Indebtedness permitted under any such outstanding obligation to be made only in such Capital Stock; and (dSection 7.2(e) Guaranteed and all Guarantee Obligations permitted pursuant to this Section 6.107.4(c) shall not exceed $55,000,000 in the aggregate; provided further, 6.8(k)(y) or 6.8(k)(z), or issued in connection that Company may not incur any Guarantee Obligation with respect to Indebtedness of any Subsidiary permitted pursuant to Section 6.10 so long as such Guaranteed Obligations are not secured by the assets of the Borrower or any of its Subsidiaries (except to the extent that the Indebtedness being guaranteed is permitted to be secured by the assets of the Borrower or any of its Subsidiaries7.2(h).

Limitation on Guarantee Obligations. Create, incur, assume or suffer to exist, and shall not permit any Subsidiary to create, incur, assume or suffer to exist, any Guarantee Obligation except: (a) guarantees of obligations to third parties made in the ordinary course of business in connection with relocation of employees of the Borrower or any of its Subsidiaries; (b) guarantees not otherwise permitted by this Section 6.6 by the Borrower and its Subsidiaries incurred in the ordinary course of business for an aggregate amount not to exceed $200,000,000 at any one time; (c) Guarantee Obligations existing on the date hereof and described in Schedule 6.6; (cd) Guarantee Obligations which by their terms (either mandatorily or at the unfettered option of the Borrower) are payable solely in Capital Stock (other than Mandatory Redeemable Stock) of the Borrower provided that the Borrower agrees to cause any payment under any such outstanding obligation to be made only in such Capital Stock; and (de) Guaranteed Obligations permitted pursuant to Section 6.10, 6.8(k)(y(x) or 6.8(k)(z), or issued in connection with Indebtedness permitted pursuant to Section 6.10 so long as such Guaranteed Obligations are not secured guarantees by the assets of the Borrower or any the Company of its Subsidiaries the Company’s or the Borrower’s Indebtedness and other obligations, as applicable, (except to the extent that the Indebtedness being guaranteed is permitted to be secured y) guarantees by the assets of the Borrower or the Company of obligations (other than Indebtedness) of any other Subsidiaries, and (z) guarantees by Subsidiaries (other than the Company) of its Subsidiaries)Indebtedness and other obligations of other Subsidiaries and the Borrower, in each case as permitted under this Agreement.