Indemnification CarveOut Claims

Indemnification CarveOut Claims. Means any liability to the extent specifically arising out of or relating to: (a) the promissory notes referenced in Schedule 1.1(d) of the Separation Agreement, payable to Donald and Betty Bowles or Bentley Badgett II and Linda Badgett; (b) the Amended and Restated Lease Agreement by and between U.S. Bank, National Association ("U.S. Bank") and Eastern Associated Coal, LLC, dated July 12, 2006 (the "Equipment Lease") and the related (i) trust agreement, dated as of July 15, 1986, pursuant to... which Banc of America Leasing & Capital, LLC ("BALC") maintains one hundred percent of the beneficial interest in the trust created thereby, which trust is the owner and lessor of the equipment leased pursuant to the Equipment Lease, (ii) Facility Agreement 1, Facility Agreement 2 and Sub Subleases between U.S. Bank and Eastern Associated Coal, LLC (collectively with the Equipment Lease, the "Lease Agreements") and (iii) Guarantee of Peabody Energy Corporation, dated as of July 12, 2006, pursuant to which PEC guaranteed to U.S. Bank and BALC the full and prompt payment of liabilities in connection with the Lease Agreements; or (c) Patriot's termination of the Banked Vacation Benefit Policy; provided that, for the avoidance of doubt, any claims of Peabody for indemnity relating to any claims by or on behalf of the 1974 Pension Plan are not included in the Indemnification Carve-Out Claims. View More