Elk Horn Coal Co LLC Sample Contracts

OPERATING AGREEMENT OF THE ELK HORN COAL COMPANY, LLC (A Delaware Limited Liability Company)

Operating Agreement • October 10th, 2003 • Elk Horn Coal Co LLC • Delaware

• Contract Type
  Operating Agreement
• Filed
  October 10th, 2003
• Company
  Elk Horn Coal Co LLC
• Jurisdiction
  Delaware

This Operating Agreement (this “Agreement”) of The Elk Horn Coal Company, LLC (the “Company”), dated as of , 2003, has been adopted by the persons named as members on Annex A (each, a “Member” and collectively, the “Members”).

THE ELK HORN COAL COMPANY LLC, THE GUARANTORS PARTY HERETO and THE BANK OF NEW YORK, as Trustee INDENTURE Dated as of , 2003 6.50% Series A Subordinated Notes due 2014 6.50% Series B Subordinated Notes due 2014

Indenture • October 10th, 2003 • Elk Horn Coal Co LLC • New York

• Contract Type
  Indenture
• Filed
  October 10th, 2003
• Company
  Elk Horn Coal Co LLC
• Jurisdiction
  New York

INDENTURE, dated as of , 2003, among THE ELK HORN COAL COMPANY LLC, a limited liability company under the laws of Delaware, as issuer (the “Issuer”), the Guarantors parties hereto and THE BANK OF NEW YORK, a New York banking corporation, as trustee (the “Trustee”).