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Exhibit 10 (xliii)
AMENDMENT NO. 3
TO CREDIT AGREEMENT
Amendment, dated as of September 16, 1996 to the Credit Agreement dated
as of September 27, 1991, as may be amended from time to time (the "Agreement")
among The North American Coal Corporation (the "Borrower"), the Banks listed
therein and Xxxxxx Guaranty Trust Company of New York, as Agent (the "Agent").
The parties hereto desire to amend the Agreement subject to the terms
and conditions of this Amendment, as hereinafter provided. Accordingly, the
parties hereto agree as follows:
1. DEFINITIONS. Except as otherwise defined herein, capitalized terms
used herein have the respective meanings assigned to them in the Agreement.
2. AMENDMENT:
CHANGE TO DEFINITION OF TERMINATION DATE. The definition of
"Termination Date" in Section 1.01 of the Agreement is hereby amended by
deleting the date "September 27, 2001".
3. Agreement as Amended. Except as expressly amended hereby, the
Agreement shall continue in full force and effect in accordance with the terms
thereof.
4. Governing Law. This Amendment, and the Agreement as amended hereby,
shall be construed in accordance with and governed by the laws of the State of
New York.
5. Severability. In case any one or more of the provisions contained in
this Amendment would be invalid, illegal or unenforceable in any respect, the
validity, legality and enforceability of the remaining provisions contained
herein shall not in any way be affected or impaired thereby.
6. Counterparts; Effective Date. This amendment may be executed in any
number of counterparts, each of which shall constitute an original but all of
which when taken together shall constitute one and the same instrument. This
Amendment shall become effective as of the date first above written upon receipt
by the Bank of counterparts hereof executed by each of the parties hereto.
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their duly authorized officers as of the day and year first above
written.
THE NORTH AMERICAN COAL CORPORATION
By: /s/ Xxxxxxx X. Xxxxxx
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Title: Vice President and Chief Financial Officer
XXXXXX GUARANTY TRUST COMPANY OF
NEW YORK, as Agent and a Bank
By: /s/ Xxxxxxxx X. Xxxxx
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Title: Vice President
CITIBANK, N.A.
By: /s/ Xxxxxxxx Xxxxxxxxx
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Title: Vice President
XXXXX FARGO
By: /s/ Xxx Xxxxxx
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Title: Assistant Vice President
KEY BANK, N.A.
By: /s/ Xxxxxxxx Xxxx
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Title: Vice President
