Common use of Post-Closing Conveyance Clause in Contracts

Post-Closing Conveyance. Subject to the provisions of Article IX, in the event Buyer or Seller identify at any time during the period that is on or before the one year anniversary of the Closing Date that any asset(s) of or relating to the ▇▇▇▇▇▇ Creek Mine Operation which (a) were of the character and type of asset that would have been included as a Purchased Asset and (b) were not an Excluded Assets (such an “Omitted Asset”), were not included on the applicable Schedule and/or not included on the applicable Transaction Document, Seller will, at no cost to Buyer, execute and deliver to Buyer an appropriate conveyance instrument utilizing the same form as was delivered at Closing transferring title of the Omitted Asset to Buyer. Subject to the terms of this Agreement, it is the intent of this provision to apply to any assets which (i) were (as of Closing) located within the Mine Areas or (ii) during the Applicable Time have primarily been used in connection with the ▇▇▇▇▇▇ Creek Mine Operations.

Post-Closing Conveyance. Subject to the provisions of Article IX, in the event Buyer or Seller identify at any time during the period that is on or before the one (1) year anniversary of the Closing Date that any asset(s) of or relating to the ▇▇▇▇▇▇ Creek Mine Operation Fola Operations which (a) were of the character and type of asset that would have been included as a Purchased Asset and (b) were not an Excluded Assets (such an “Omitted Asset”), were not included on the applicable Schedule and/or not included on the applicable Transaction Document, Seller will, at no cost to Buyer, execute and deliver to Buyer an appropriate conveyance instrument utilizing the same form as was delivered at Closing transferring title of the Omitted Asset to Buyer. Subject to the terms of this Agreement, it is the intent of this provision to apply to any assets which (i) were (as of Closing) located within the Mine Areas or (ii) during the Applicable Time and have primarily been used in connection with the ▇▇▇▇▇▇ Creek Mine OperationsFola Operations as of the date hereof.