as Issuer,Indenture • November 12th, 2003 • Massey Energy Co • Bituminous coal & lignite mining • New York
EXHIBIT 10.19 EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (the "Agreement"), entered into on July 21, 1998, but effective as of July 1, 1998, by and between FLUOR CORPORATION (the "Company"), and PHILIP J. CARROLL, JR. (the "Executive"), W I T N E...Employment Agreement • January 22nd, 1999 • Fluor Corp/De/ • Heavy construction other than bldg const - contractors • California
FIRST AMENDMENTCredit Agreement • March 31st, 2003 • Massey Energy Co • Bituminous coal & lignite mining • New York
ARTICLE I DEFINITIONSCredit Agreement • January 29th, 2002 • Massey Energy Co • Bituminous coal & lignite mining • New York
EXHIBIT 4.2 =================================================================== ============= REGISTRATION RIGHTS AGREEMENT Dated as of November 10, 2003Registration Rights Agreement • November 12th, 2003 • Massey Energy Co • Bituminous coal & lignite mining • New York
among A.T. Massey Coal Company, Inc. as Borrower Massey Energy Company as Holdings andCredit Agreement • July 3rd, 2003 • Massey Energy Co • Bituminous coal & lignite mining • New York
1 2 specify the aggregate principal amount of such Designated Securities, the initial public offering price of such Designated Securities, the purchase price to the Underwriters of such Designated Securities, the names of the Underwriters of such...Underwriting Agreement • March 7th, 1997 • Fluor Corp/De/ • Heavy construction other than bldg const - contractors • New York
EXHIBIT 10.3 CREDIT AND SECURITY AGREEMENT DATED AS OF JANUARY 31, 2003Credit and Security Agreement • March 31st, 2003 • Massey Energy Co • Bituminous coal & lignite mining • New York
Exhibit 10.1 AMENDED AND RESTATED CREDIT AGREEMENT Dated as of November 26, 2002Credit Agreement • March 31st, 2003 • Massey Energy Co • Bituminous coal & lignite mining • New York
amongCredit Agreement • January 30th, 2004 • Massey Energy Co • Bituminous coal & lignite mining • New York
Exhibit 4.4 Massey Energy Company 4.75% Convertible Senior Notes due May 15, 2023 Registration Rights AgreementMassey Energy Co • July 18th, 2003 • Bituminous coal & lignite mining • New York
EXHIBIT 10.20 EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (the "Agreement"), entered into as of October 1, 1998, by and between FLUOR CORPORATION ("Fluor"), A.T. MASSEY COAL COMPANY, INC., ("Massey"), and DON L. BLANKENSHIP (the "Executive"). W I T...Employment Agreement • January 22nd, 1999 • Fluor Corp/De/ • Heavy construction other than bldg const - contractors • California
EXHIBIT 1 FLUOR CORPORATION Debt Securities UNDERWRITING AGREEMENTPricing Agreement • January 22nd, 1999 • Fluor Corp/De/ • Heavy construction other than bldg const - contractors • New York
Exhibit 10.2 FIRST SUPPLEMENTAL INDENTURE THIS FIRST SUPPLEMENTAL INDENTURE, dated as of the 9/th/ day of February, 2001, between MASSEY ENERGY COMPANY, a Delaware corporation, formerly named Fluor Corporation (the "Company"), having its principal...Supplemental Indenture • May 15th, 2002 • Massey Energy Co • Bituminous coal & lignite mining • New York
EXHIBIT 10.22 SETTLEMENT AND RELEASE AGREEMENT Leslie G. McCraw and Fluor Corporation have reached the following Agreement in connection with Employee's separation from Fluor Corporation. In this Agreement, "Employee" refers to Leslie G. McCraw....Settlement and Release Agreement • January 22nd, 1999 • Fluor Corp/De/ • Heavy construction other than bldg const - contractors • South Carolina
THIRD AMENDED AND RESTATED CREDIT AGREEMENT as Amended and Restated as of May 19, 2011 Among ALPHA NATURAL RESOURCES, INC., as Borrower, THE LENDERS PARTY HERETO, THE ISSUING BANKS PARTY HERETO, CITICORP NORTH AMERICA, INC., as Administrative Agent...Credit Agreement • June 7th, 2011 • Massey Energy Co • Bituminous coal & lignite surface mining • New York
WHEREAS, Foundation PA Coal Company, LLC, a Delaware limited liability company (formerly known as Foundation Pa Coal Company), FC 2 Corp., a Delaware corporation (which subsequently merged with and into the Borrower), Foundation Coal Corporation, a Delaware corporation (which subsequently merged with and into the Borrower), the Lenders party thereto from time to time, Citicorp North America, Inc., as administrative agent and as collateral agent for such Lenders, UBS AG, Stamford Branch, Bear Stearns Corporate Lending, Inc. and Natexis Banques Populaires, each as a co-documentation agent, Citigroup Global Markets Inc. and Credit Suisse First Boston, each as a co-syndication agent, and Citigroup Global Markets Inc. and Credit Suisse First Boston, as joint lead arrangers and joint book managers, originally entered into the Credit Agreement, dated as of July 30, 2004, as amended by (i) Amendment No. 1, dated as of November 12, 2004 and (ii) Amendment No. 2, dated as of October 18, 2005 (th
EXHIBIT 10.1 DISTRIBUTION AGREEMENTDistribution Agreement • December 15th, 2000 • Massey Energy Co • Heavy construction other than bldg const - contractors • New York
Exhibit 10.3 AMENDMENT TO EMPLOYMENT AGREEMENT --------------------------------- This Amendment to Employment Agreement (the "Amendment Agreement") is entered into as of November 30, 2000, by and among A.T. Massey Coal Company, Inc., a Virginia...Employment Agreement • December 15th, 2000 • Massey Energy Co • Heavy construction other than bldg const - contractors
PRELIMINARY STATEMENTSExecution Copy • May 15th, 2002 • Massey Energy Co • Bituminous coal & lignite mining • New York
CHANGE IN CONTROL SEVERANCE AGREEMENT AS AMENDED AND RESTATEDChange in Control Severance Agreement • October 22nd, 2010 • Massey Energy Co • Bituminous coal & lignite surface mining • Delaware
THIS CHANGE IN CONTROL SEVERANCE AGREEMENT (this “Agreement”) is made on October 22, 2010 (the “Effective Date”) between Massey Energy Company, a Delaware corporation (the “Company”), and DON L. BLANKENSHIP (the “Executive”) and amends, restates and supercedes the Change in Control Severance Agreement as last modified by amendment dated February 16, 2010 between the Company and Executive, as the same may have previously been amended (the “Prior Agreement”).
MASSEY ENERGY COMPANY AND THE GUARANTORS PARTY HERETO Senior Indenture Dated as of August 12, 2008 Wilmington Trust Company, TrusteeSenior Indenture • August 12th, 2008 • Massey Energy Co • Bituminous coal & lignite surface mining • New York
MASSEY ENERGY COMPANY 8,500,000 Shares Common Stock ($0.625 par value per Share) UNDERWRITING AGREEMENT March 23, 2010Massey Energy Co • March 24th, 2010 • Bituminous coal & lignite surface mining • New York
SECOND AMENDED AND RESTATED CREDIT AGREEMENT dated as of November 8, 2010, among A. T. MASSEY COAL COMPANY, INC., as Administrative Borrower, THE OTHER BORROWERS PARTY HERETO, as Borrowers, THE GUARANTORS PARTY HERETO, as Guarantors, THE LENDERS PARTY...Credit Agreement • November 9th, 2010 • Massey Energy Co • Bituminous coal & lignite surface mining • New York
This SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) dated as of November 8, 2010 is among A. T. MASSEY COAL COMPANY, INC., a Virginia corporation (the “Administrative Borrower”), the other parties hereto listed on Schedule 1.01(a) attached hereto, each as borrowers (collectively, the “Borrowers” and individually, each a “Borrower”), MASSEY ENERGY COMPANY, a Delaware corporation (“Holdings”), the Guarantors (such term and each other capitalized term used but not defined herein having the meaning given to it in Article I), the Lenders, UBS SECURITIES LLC, as lead arranger (in such capacity, the “Arranger”), DEUTSCHE BANK SECURITIES INC and THE CIT GROUP/BUSINESS CREDIT, INC, as co-syndication agents (in such capacities, the “Syndication Agents” and each individually, a “Syndication Agent”), CAPITAL ONE LEVERAGE FINANCE CORPORATION, as documentation agent (in such capacity, the “Documentation Agent”), UBS LOAN FINANCE LLC, as a Lender and as swingline lender (in such capa
EXHIBIT 10.19 February 23, 2000 James L. Gardner, Esquire 2955 Little Dug Gap Lane Louisville, Tennessee 37777 Dear Jim: This will confirm the Agreement between James L. Gardner (the "Consultant") and A. T. Massey Coal Company, Inc. (the "Company")....Massey Energy Co • January 29th, 2001 • Heavy construction other than bldg const - contractors • Virginia
ALPHA NATURAL RESOURCES, INC. and UNION BANK, N.A. as Trustee SUPPLEMENTAL INDENTURE NO. 1 Dated as of June 1, 2011 to INDENTURE Dated as of June 1, 2011 $800,000,000 Principal Amount 6% Senior Notes due 2019 $700,000,000 Principal Amount 6.25% Senior...Indenture • June 7th, 2011 • Massey Energy Co • Bituminous coal & lignite surface mining • New York
SUPPLEMENTAL INDENTURE NO. 1 (the “Supplemental Indenture”), dated as of June 1, 2011, between Alpha Natural Resources, Inc., a Delaware corporation (the “Issuer”), the Guarantors (as defined below) and Union Bank, N.A., a national banking association, as trustee (the “Trustee”).
EMPLOYMENT AGREEMENT AS AMENDED AND RESTATEDEmployment Agreement • August 10th, 2009 • Massey Energy Co • Bituminous coal & lignite surface mining • Delaware
THIS EMPLOYMENT AGREEMENT (this “Agreement”), effective as of May 25, 2009 (the “Effective Date”), is made on June 22, 2009 between Massey Energy Company, a Delaware corporation (the “Company”), and Michael K. Snelling (the “Executive”) and amends and restates, and replaces, the Employment Agreement dated May 25, 2009 between the Company and Executive in order to clarify certain terms and provisions thereof. This Agreement replaces and supersedes, as of the Effective Date, the employment agreement between the Company and the Executive effective as of the May 25, 2006 and amended and restated on December 23, 2008 (the “Original Agreement”).
MASSEY ENERGY COMPANY Amended and Restated Incentive Award Agreement (Based on Cumulative Earnings Before Taxes)Incentive Award Agreement • January 6th, 2010 • Massey Energy Co • Bituminous coal & lignite surface mining • Delaware
THIS AGREEMENT dated as of December 31, 2009, between MASSEY ENERGY COMPANY, a Delaware Corporation (the “Company”) and [________] (“Participant”) is made pursuant and subject to the provisions of the Massey Energy Company 2006 Stock and Incentive Compensation Plan, as amended from time to time (the “Plan”), a copy of which is attached. This Agreement amends, restates and replaces that certain Incentive Award Agreement (Based on Cumulative Earnings Before Taxes) dated as of November 9, 2009 between the Company and Participant. All terms used herein that are defined in the Plan have the same meaning given them in the Plan.
SIXTH SUPPLEMENTAL INDENTURESixth Supplemental Indenture • June 7th, 2011 • Massey Energy Co • Bituminous coal & lignite surface mining • New York
WHEREAS, the Issuer, the Guarantors and the Trustee executed that certain Senior Indenture (the “Base Indenture”), dated as of August 12, 2008, as supplemented by that First Supplemental Indenture (the “First Supplemental Indenture”), dated the same date, as further supplemented by that Second Supplemental Indenture (the “Second Supplemental Indenture”), dated as of July 20, 2009, as further supplemented by that Third Supplemental Indenture (the “Third Supplemental Indenture”), dated as of August 28, 2009, as further supplemented by that Fourth Supplemental Indenture (the “Fourth Supplemental Indenture”), dated as of April 30, 2010, and as further supplemented by that Fifth Supplemental Indenture (the “Fifth Supplemental Indenture”) dated as of June 29, 2010 each by and among the Issuer, the Guarantors (defined therein) and the Trustee (the Base Indenture, the First Supplemental Indenture, the Second Supplemental Indenture, the Third Supplemental Indenture, the Fourth Supplemental Inde
WITNESSETHTax Sharing Agreement • December 15th, 2000 • Massey Energy Co • Heavy construction other than bldg const - contractors • New York
AMENDMENT TO CHANGE IN CONTROL SEVERANCE AGREEMENTChange in Control Severance Agreement • April 30th, 2010 • Massey Energy Co • Bituminous coal & lignite surface mining
THIS AMENDMENT TO CHANGE IN CONTROL SEVERANCE AGREEMENT (this “Agreement”), effective as of January 1, 2010, is made on February 16, 2010 between Massey Energy Company, a Delaware corporation (the “Company”), and ERIC B. TOLBERT (the “Executive”).
RETENTION AND EMPLOYMENT AGREEMENTRetention and Employment Agreement • November 17th, 2010 • Massey Energy Co • Bituminous coal & lignite surface mining • Delaware
THIS RETENTION AND EMPLOYMENT AGREEMENT (this “Agreement”), effective as of November 10, 2010 (the “Effective Date”) is made on November 12, 2010 between MASSEY ENERGY COMPANY, a Delaware corporation (the “Company”), and John Christopher Adkins (the “Executive”).
INDENTURE DATED AS OF FEBRUARY 18, 1997 BANKERS TRUST COMPANY, TRUSTEEFluor Corp/De/ • March 7th, 1997 • Heavy construction other than bldg const - contractors • New York
MASSEY ENERGY COMPANY Incentive Award Agreement (Based on Cumulative Earnings Before Taxes)Incentive Award Agreement • November 14th, 2008 • Massey Energy Co • Bituminous coal & lignite surface mining • Delaware
THIS AGREEMENT dated as of November 10, 2008, between MASSEY ENERGY COMPANY, a Delaware Corporation (the “Company”) and [ ] (“Participant”) is made pursuant and subject to the provisions of the Massey Energy Company 2006 Stock and Incentive Compensation Plan, as amended from time to time (the “Plan”), a copy of which is attached. All terms used herein that are defined in the Plan have the same meaning given them in the Plan.
AMENDED AND RESTATED GUARANTEE AND COLLATERAL AGREEMENT As Amended and Restated as of June 1, 2011 Among ALPHA NATURAL RESOURCES, INC., as Borrower, CERTAIN SUBSIDIARIES OF THE BORROWER IDENTIFIED HEREIN and CITICORP NORTH AMERICA, INC., as Collateral...Guarantee and Collateral Agreement • June 7th, 2011 • Massey Energy Co • Bituminous coal & lignite surface mining • New York
WHEREAS, this Agreement amends and restates that certain Guarantee and Collateral Agreement dated as of July 30, 2004 (the “Original Closing Date”), between and among FC 2 Corp., a Delaware corporation (which subsequently merged with and into the Borrower), Foundation Coal Corporation, a Delaware corporation (which subsequently merged with and into the Borrower), S2 Acquisition Corp. (which subsequently merged with and into Foundation PA Coal Company, LLC, a Delaware limited liability company, formerly known as Foundation PA Coal Company), certain Subsidiaries of the Borrower party thereto and the Collateral Agent, as amended by Amendment No. 1 to Credit Agreement, dated as of May 22, 2009 (and effective July 31, 2009, the “Amendment No. 1 Effective Date”), and as supplemented by (i) Supplement No. 1, dated as of September 2, 2005, (ii) Supplement No. 2, dated as of October 5, 2007, (iii) Supplement No. 3 dated as of July 31, 2009 and (iv) Supplement No. 4 dated as of February 2, 2011
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • April 19th, 2010 • Massey Energy Co • Bituminous coal & lignite surface mining • Virginia
This Registration Rights Agreement (this “Agreement”) is made and entered into as of April 19, 2010, among Massey Energy Company, a Delaware corporation (the “Company”) and each of the Holders (as defined herein).
