Contract
Exhibit
10.13
AMENDMENT
No. 2 AND WAIVER (this “Amendment
and Waiver”)
dated
as of May 30, 2006, to the CREDIT AGREEMENT dated as of May 31, 2005 and
amended on February 22, 2006 (the “Credit
Agreement”),
among
XXXXX RIVER COAL COMPANY (the “Borrower”),
the
LENDERS from time to time party thereto, PNC BANK, NATIONAL ASSOCIATION, as
Administrative Agent, and XXXXXX XXXXXXX SENIOR FUNDING, INC., as Syndication
Agent.
A.
Pursuant to the Credit Agreement, the Lenders have extended credit to the
Borrower, and have agreed to extend credit to the Borrower, in each case
pursuant to the terms and subject to the conditions set forth
therein.
B.
The
Borrower has requested that the Lenders agree to waive and amend certain
provisions of the Credit Agreement, in each case pursuant to the terms and
subject to the applicable conditions set forth herein.
C. The
undersigned Lenders are willing, pursuant to the terms and subject to the
applicable conditions set forth herein, to grant such waivers and approve such
amendments.
D.
Capitalized terms used but not defined herein shall have the respective meanings
assigned to them in the Credit Agreement (as amended hereby).
Accordingly,
in consideration of the mutual agreements herein contained and other good and
valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, and subject to the applicable conditions set forth herein, the
parties hereto hereby agree as follows:
SECTION
1. Waivers.
Subject
to the applicable conditions set forth herein, the undersigned Lenders hereby
waive compliance with Section 6.13 of the Credit Agreement for any period
from and including February 22, 2006, to and including the date immediately
prior to the date hereof.
SECTION
2. Amendment
of Section 1.01.
Section 1.01 of the Credit Agreement is amended by replacing the last
clause at the end of the definition of “Applicable
Rate”
in
its
entirety by the following clause:
“Notwithstanding
the foregoing, the Loan ABR Spread shall be 2.00% and the Loan Eurodollar Spread
shall be 3.00% from the effective date of the Amendment and Waiver through
December 31, 2006, provided
that if
the senior secured facilities provided to the Borrower hereunder are not rated
at least B1 by Xxxxx’x and B by S&P after the effective date of the
Amendment No. 2 and Waiver, then each such percentage shall be increased by
0.25%.”
SECTION
3. Amendment
of Section 2.12(c).
Section 2.12(c) of the Credit Agreement is amended by deleting the
reference to “3.00% per annum, from the effective date of the Amendment and
Waiver through September 30, 2006, and 2.75% per annum thereafter” in
subclause (i)(a) thereof and inserting “3.00% per annum, from the effective
date of the Amendment and Waiver through December 31, 2006, and 2.75% per annum
thereafter (provided that if the senior secured facilities provided to the
Borrower hereunder are not rated at least B1 by Xxxxx’x and B by S&P after
the effective date of the Amendment No.2 and Waiver, then each such percentage
referenced in this subclause (i)(a) shall be increased by 0.25%)” in lieu
thereof.
SECTION
4. Amendment
of the Definition of “Leverage Ratio”.
The
definition of “Leverage Ratio” is amended by adding the following sentence to
the end of the definition thereof:
“Solely
for purposes of calculating the Leverage Ratio for any date using Consolidate
EBITDA for the period ended on (a) March 31, 2006, Consolidate EBITDA shall
be
an amount equal to the product of (i) Consolidated EBITDA for the fiscal
quarter ended March 31, 2006, and (ii) 4, (b) June 30, 2006, Consolidate
EBITDA shall be an amount equal to the product of (i) Consolidated EBITDA
for the fiscal quarters ended March 31, 2006, and June 30, 2006, and
(ii) 2, and (c) September 30, 2006, Consolidate EBITDA shall be an amount
equal to the product of (i) Consolidated EBITDA for the fiscal quarters
ended March 31, 2006, June 30, 2006 and September 30, 2006, and
(ii) 4/3.”
SECTION
5. Amendment
of the-Definition of “Senior Secured Leverage Ratio”.
The
definition of “Senior Secured Leverage Ratio” is amended by adding the following
sentence to the end of the definition thereof:
“Solely
for purposes of calculating the Senior Secured Leverage Ratio for any date
using
Consolidated EBITDA for the period ended on (a) March 31, 2006, Consolidated
EBITDA shall be an amount equal to the product of (i) Consolidated EBITDA
for the fiscal quarter ended March 31, 2006, and (ii) 4, (b) June 30, 2006,
Consolidated EBITDA shall be an amount equal to the product of (i) Consolidated
EBITDA for the fiscal quarters ended March 31, 2006, and June 30, 2006, and
(ii)
2, and (c) September 30, 2006, Consolidated EBITDA shall be an amount equal
to
the product of (i) Consolidated EBITDA for the fiscal quarters ended March
31, 2006, June 30, 2006 and September 30, 2006, and (ii) 4/3.”
SECTION
6. Amendment
of Section 6.12.
Section
6.12 of the Credit Agreement is amended by adding the following sentence to
the
end of such Section (immediately following the table set forth
therein):
“Solely
for purposes of calculating the Fixed Charge Coverage Ratio for any date using
Consolidated EBITDA for the period ended on (a) March 31,
2006,
Consolidated EBITDA shall be an amount equal to the product of
(i) Consolidated EBITDA for the fiscal quarter ended March 31, 2006, and
(ii) 4, (b) June 30, 2006, Consolidated EBITDA shall be an amount equal to
the
product of (i) Consolidated EBITDA for the fiscal quarters ended March 31,
2006,
and June 30, 2006, and (ii) 2, and (c) September 30, 2006, Consolidated EBITDA
shall be an amount equal to the product of (i) Consolidated EBITDA for the
fiscal quarters ended March 31, 2006, June 30, 2006 and September 30, 2006,
and
(ii) 4/3.”
SECTION
7. Amendment
of Section 6.13.
Section 6.13 of the Credit Agreement is amended in its entirety as
follows:
“SECTION 6.13.
Leverage
Ratio.
The
Borrower will not permit the Leverage Ratio as of any date during any period
set
forth below to exceed the ratio set forth opposite such period:
|
Period
|
Ratio
|
|
December
31 through March 30, 2006
|
3.50
to 1.00
|
|
March
31, 2006 through June 29, 2006
|
2.85
to 1.00
|
|
June
30, 2006 through December 30, 2006
|
2.50
to 1.00
|
|
December
31,2006 through December 30, 2007
|
2.25
to 1.00
|
|
December
31, 2007 and thereafter
|
2.00
to 1.00"
|
SECTION
8. Amendment
of Section 6.01(a)(vi).
Section 6.01(a)(vi) of the Credit Agreement is amended in its entirety as
follows:
“(vi)
(A) Indebtedness of the Borrower or any Subsidiary incurred to finance the
acquisition, construction or improvement of any fixed or capital assets,
including Capital Lease Obligations and any Indebtedness assumed by the Borrower
or any Subsidiary in connection with the acquisition of any such assets or
secured by a Lien on any such assets prior to the acquisition thereof,
provided
that
such Indebtedness is incurred prior to or within 90 days after such
acquisition or the completion of such construction or improvement, and
(B) extensions, renewals and replacements of any such Indebtedness that do
not increase the outstanding principal amount thereof (plus
any
accrued but unpaid interest and premium thereon), provided
that the
aggregate principal amount of Indebtedness permitted by this clause (vi)
shall not exceed $10,000,000 at any time outstanding;”
SECTION
9. Representations
and Warranties.
The
Borrower represents and warrants to the Administrative Agent and the Lenders
that:
(a)
This
Amendment and Waiver has been duly authorized, executed and delivered by the
Borrower and constitutes a legal, valid and binding obligation of the Borrower,
enforceable in accordance with its terms, subject to applicable bankruptcy,
insolvency, reorganization, moratorium or other laws affecting
creditors’
rights generally and subject to general principles of equity, regardless of
whether considered in a proceeding in equity or at law.
(b)
None
of the execution, delivery or performance by the Borrower of this Amendment
and
Waiver or the compliance by the Borrower with the terms and provisions hereof
(i) will contravene any material provision of any applicable law, statute,
rule or regulation, or any order, writ, injunction or decree of any Governmental
Authority, (ii) will conflict or be inconsistent with, or result in any
breach of, any of the terms, covenants, conditions or provisions of, or
constitute a default under, or result in the creation or imposition of (or
the
obligation to create or impose) any Lien upon any of the property or assets
of
Borrower or any of its respective Subsidiaries pursuant to the terms of any
indenture, mortgage, deed of trust, loan agreement, credit agreement or any
other material agreement or instrument to which Borrower or any of its
respective Subsidiaries is a party or by which Borrower or any of its respective
Subsidiaries or any of the property or assets of Borrower or any of its
respective Subsidiaries are bound or to which Borrower or any of its respective
Subsidiaries may be subject or (iii) will violate any provision of the
certificate or articles of incorporation, by-laws, certificate of partnership,
partnership agreement, certificate of limited liability company, limited
liability company agreement or equivalent organizational document, as the case
may be, of Borrower or any of its respective Subsidiaries.
(c)
The
representations and warranties of Borrower set forth in the Loan Documents
are
true and correct on and as of the date hereof, except to the extent such
representations and warranties expressly relate to an earlier date, in which
case such representations and warranties are true and correct as of such earlier
date.
(d)
the
Lenders shall have received quarterly projections for the first [three] fiscal
quarters commencing after the date hereof which such projections shall include
projected balances sheets, consolidated statements of operations and
comprehensive income, and cash flows as of the end of and for each of such
fiscal quarters.
(e)
After
giving effect to this Amendment and Waiver, no Default or Event of Default
shall
have occurred and be continuing.
SECTION
10. Amendment
Fee.
In
consideration of the agreements of the Lenders contained in this Amendment
and
Waiver, the Borrower agrees to pay to the Administrative Agent, for the account
of each consenting Lender that delivers an executed counterpart of this
Amendment and Waiver to the Administrative Agent prior to 5:00 p.m.,
New York City time, on May 26, 2006, an amendment fee in an amount equal to
0.25% of such Lender’s Revolving Exposures, Synthetic LC Exposure, unused
Revolving Commitments and Excess Credit-Linked Deposits as of such
date.
SECTION
11. Conditions
to Effectiveness.
This
Amendment and Waiver shall become effective as of the date (the “Effective
Date”)
on
which each of the following conditions has been satisfied:
(a)
the
Administrative Agent shall have received counterparts of this Amendment and
Waiver that, when taken together, bear the signatures of the Borrower and the
Required Lenders;
(b)
the
Administrative Agent shall have received a certificate of a Financial Officer
of
the Borrower, dated the Effective Date, to the effect that the representations
and warranties set forth in Section 11 hereof are true and correct;
(c)
the
Borrower shall have paid to the Administrative Agent, in immediately available
funds, for the account of each of the Lenders entitled thereto, the Amendment
Fee referred to in Section 10 hereof; and
(d)
to
the extent invoiced, the Administrative Agent shall have received payment or
reimbursement of its reasonable out-of-pocket expenses in connection with this
Amendment and Waiver and any other out-of-pocket expenses of the Administrative
Agent required to be paid or reimbursed pursuant to the Credit Agreement,
including the reasonable fees, charges and disbursements of counsel for the
Administrative Agent.
SECTION
12. Effect
of Amendment and Waiver.
Except
as specifically set forth herein, this Amendment and Waiver shall not by
implication or otherwise limit, impair, constitute a waiver of, or otherwise
affect the rights and remedies of the Lenders, any Agent, the Collateral Agent,
the Borrower under the Credit Agreement or any other Loan Document, and shall
not alter, modify, amend or in any way affect any of the terms, conditions,
obligations, covenants or agreements contained in the Credit Agreement or any
other Loan Document, all of which are ratified and affirmed in all respects
and
shall continue in full force and effect. Nothing herein shall be deemed to
entitle the Borrower to a consent to, or a waiver, amendment, modification
or
other change of, any of the terms, conditions, obligations, covenants or
agreements contained in the Credit Agreement or any other Loan Document in
similar or different circumstances. After the date hereof, any reference to
the
Credit Agreement shall mean the Credit Agreement as amended and waived hereby.
This Amendment and Waiver shall be a Loan Document for all
purposes.
SECTION
13. Applicable
Law.
THIS AMENDMENT AND WAIVER SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE
WITH, THE LAWS OF THE STATE OF NEW YORK.
SECTION
14. Counterparts.
This
Amendment and Waiver may be executed in two or more counterparts, each of which
shall constitute an original but all of which when taken together shall
constitute but one agreement. Delivery of an executed signature page to this
Amendment and Waiver by facsimile or other electronic
transmission
shall be effective as delivery of a manually signed counterpart of this
Amendment and Waiver.
SECTION
15. Expenses.
The
Borrower agrees to reimburse the Administrative Agent for its out-of-pocket
expenses in connection with this Amendment and Waiver, including the reasonable
fees, charges and disbursements of Cravath, Swaine & Xxxxx LLP, counsel
for the Administrative Agent.
SECTION
16. Headings.
The
Section headings used herein are for convenience of reference only, are not
part
of this Amendment and Waiver and are not to affect the construction of, or
to be
taken into consideration in interpreting, this Amendment and
Waiver.
IN
WITNESS WHEREOF, the parties hereto have caused this Amendment and Waiver to
be
duly executed by their respective authorized officers as of the day and year
first written above.
|
XXXXX
RIVER COAL COMPANY,
as
Borrower,
By
/s/ Xxxxxx X. Xxxxxxx, XX
Name: Xxxxxx X. Xxxxxxx, XX
Title: Vice President
|
|
PNC
BANK, NATIONAL
ASSOCIATION,
as Lender and as
Administrative
Agent
By
/s/ Xxxx Xxxxxxxxxx
Name: Xxxx Xxxxxxxxxx
Title: Vice President
|
|
XXXXXX
XXXXXXX SENIOR FUNDING, INC.,
individually
and as Syndication Agent,
by
/s/
Xxxxxx X. Xxxxxx
Name:
Xxxxxx X. Xxxxxx
Title:
Vice President Xxxxxx
Xxxxxxx
Senior Funding,
Inc.
|
|
SIGNATURE PAGE TO AMENDMENT NO. 2
AND WAIVER, DATED AS OF MAY 30, 2006,
TO
XXXXX RIVER COAL COMPANY CREDIT
AGREEMENT
|
To
Approve the Amendment and Waiver:
|
Name
of Institution:
ACCESS
INSTITUTIONAL LOAN FUND
By:
Deerfield Capital Management LLC as its
Portfolio
Manager
by
/s/
Xxxxx Sakon
Name: Xxxxx Sakon
Title: Vice President
|
|
SIGNATURE PAGE TO AMENDMENT NO. 2
AND WAIVER, DATED AS OF MAY 30, 2006,
TO
XXXXX RIVER COAL COMPANY CREDIT
AGREEMENT
|
To
Approve the Amendment and Waiver:
|
Name
of Institution:
Sankaty
Advisors, LLC as Collateral Manager for XXXXX
POINT
CLO, LTD., as Term Lender
by
/s/
Xxxxxxx Xxxxxxx
Name: Xxxxxxx Xxxxxxx
Title: Senior Vice President
|
|
SIGNATURE
PAGE TO AMENDMENT NO. 2
AND
WAIVER, DATED AS OF MAY 30, 2006, TO
XXXXX
RIVER COAL COMPANY CREDIT
AGREEMENT
|
To
Approve the Amendment and Waiver:
|
Name
of Institution:
Bank
of America N.A.
by
/s/
Xxxxxxx Xxxx
Name: Xxxxxxx Xxxx
Title: Vice-President
|
| SIGNATURE
PAGE TO AMENDMENT NO. 2
AND
WAIVER, DATED AS OF MAY 30, 2006, TO
XXXXX
RIVER COAL COMPANY CREDIT
AGREEMENT
|
To
Approve the Amendment and Waiver:
|
Name
of Institution:
BEAR
XXXXXXX CORPORATE LENDING INC.
by
/s/
Xxxxxxx Xxxx Xxxxx
Name: Xxxxxxx Xxxx Xxxxx
Title: Vice President
|
|
SIGNATURE
PAGE TO AMENDMENT NO. 2
AND
WAIVER, DATED AS OF MAY 30, 2006, TO
XXXXX
RIVER COAL COMPANY CREDIT
AGREEMENT
|
To
Approve the Amendment and Waiver:
|
Name
of Institution:
BRIDGEPORT
CLO LTD
By:
Deerfield Capital Management LLC as its
Collateral
Manager
by
/s/
Xxxxx Sakon
Name: Xxxxx Sakon
Title: Vice President
|
|
SIGNATURE
PAGE TO AMENDMENT NO. 2
AND
WAIVER, DATED AS OF MAY 30, 2006, TO
XXXXX
RIVER COAL COMPANY CREDIT
AGREEMENT
|
To
Approve the Amendment and Waiver:
|
Name
of Institution:
BRYN
MAWR CLO, Ltd.
By:
Deerfield Capital Management LLC as its
Collateral
Manager
by
/s/
Xxxxx Sakon
Name: Xxxxx Sakon
Title: Vice President
|
|
SIGNATURE
PAGE TO AMENDMENT NO. 2
AND
WAIVER, DATED AS OF MAY 30, 2006, TO
XXXXX
RIVER COAL COMPANY CREDIT
AGREEMENT
|
To
Approve the Amendment and Waiver:
|
Name
of Institution:
Sankaty
Advisors, LLC as Collateral Manager for Castle
Hill I
- INGOTS, Ltd., as Term Lender
by
/s/
Xxxxxxx Xxxxxxx
Name: Xxxxxxx Xxxxxxx
Title: Senior Vice President
|
|
SIGNATURE
PAGE TO AMENDMENT NO. 2
AND
WAIVER, DATED AS OF MAY 30, 2006, TO
XXXXX
RIVER COAL COMPANY CREDIT
AGREEMENT
|
To
Approve the Amendment and Waiver:
|
Name
of Institution:
Sankaty
Advisors, LLC as Collateral Manager for Castle
Hill II
- INGOTS, Ltd., as Term Lender
by
/s/
Xxxxxxx Xxxxxxx
Name: Xxxxxxx Xxxxxxx
Title: Senior Vice President
|
|
SIGNATURE
PAGE TO AMENDMENT NO. 2
AND
WAIVER, DATED AS OF MAY 30, 2006, TO
XXXXX
RIVER COAL COMPANY CREDIT
AGREEMENT
|
To
Approve the Amendment and Waiver:
|
Name
of Institution:
Sankaty
Advisors, LLC as Collateral Manager for Castle
Hill III
CLO, Limited, as Term Lender
by
/s/
Xxxxxxx Xxxxxxx
Name: Xxxxxxx Xxxxxxx
Title: Senior Vice President
|
|
SIGNATURE
PAGE TO AMENDMENT NO. 2
AND
WAIVER, DATED AS OF MAY 30, 2006, TO
XXXXX
RIVER COAL COMPANY CREDIT
AGREEMENT
|
To
Approve the Amendment and Waiver:
|
Name
of Institution:
Caterpillar
Financial Services Corporation
by
/s/
Xxxxxxxxxxx X. Xxxxxxxxx
Name: Xxxxxxxxxxx X. Xxxxxxxxx
Title: Global Operations
Manager
|
|
SIGNATURE
PAGE TO AMENDMENT NO. 2
AND
WAIVER, DATED AS OF MAY 30, 2006, TO
XXXXX
RIVER COAL COMPANY CREDIT
AGREEMENT
|
To
Approve the Amendment and Waiver:
|
Name
of Institution:
Chatham
Light II CLO. Limited, by Sankaty Advisors, LLC
as
Collateral Manager
by
/s/
Xxxxxxx Xxxxxxx
Name:
Xxxxxxx Xxxxxxx
Title:
Senior Vice President
|
|
SIGNATURE
PAGE TO AMENDMENT NO. 2
AND
WAIVER, DATED AS OF MAY 30, 2006, TO
XXXXX
RIVER COAL COMPANY CREDIT
AGREEMENT
|
To
Approve the Amendment and Waiver:
:
|
Name
of Institution
CUMBERLAND
II CLO LTD.
By:
Deerfield Capital Management LLC as its
Collateral
Manager
by
/s/
Xxxxx Sakon
Name: Xxxxx Sakon
Title: Vice President
|
|
SIGNATURE
PAGE TO AMENDMENT NO. 2
AND
WAIVER, DATED AS OF MAY 30, 2006, TO
XXXXX
RIVER COAL COMPANY CREDIT
AGREEMENT
|
To
Approve the Amendment and Waiver:
|
Name of Institution:
THE
FOOTHILL GROUP, INC.
by
/s/
Xxxxxx X. Xxxxxx
Name: Xxxxxx X. Xxxxxx
Title: SR. V.P.
|
|
SIGNATURE
PAGE TO AMENDMENT NO. 2
AND
WAIVER, DATED AS OF MAY 30, 2006, TO
XXXXX
RIVER COAL COMPANY CREDIT
AGREEMENT
|
To
Approve the Amendment and Waiver:
|
Name
of Institution:
FOREST
CREEK CLO, Ltd.
By:
Deerfield Capital Management LLC as its
Collateral
Manager
by
/s/
Xxxxx Sakon
Name:
Xxxxx Sakon
Title:
Vice President
|
|
SIGNATURE
PAGE TO AMENDMENT NO. 2
AND
WAIVER, DATED AS OF MAY 30, 2006, TO
XXXXX
RIVER COAL COMPANY CREDIT
AGREEMENT
|
To
Approve the Amendment and Waiver:
|
Name
of Institution:
FOUR
CORNERS CLO 2005-I, LTD., as Lender
By:
Four Corners Capital Management LLC, As
Collateral
Manager
by
/s/
Xxxxxx Xxxxxxxxx
Name:
Xxxxxx Xxxxxxxxx, CFA
Title:
Sr. Vice President
|
|
SIGNATURE
PAGE TO AMENDMENT NO. 2
AND
WAIVER, DATED AS OF MAY 30, 2006, TO
XXXXX
RIVER COAL COMPANY CREDIT
AGREEMENT
|
To
Approve the Amendment and Waiver:
|
Name
of Institution:
Gleneagles
CLO, Ltd.
By:
Highland Capital Management, L.P. as Collateral
Manager
By:
Strand Advisors, Inc. Its General Partner
by
/s/
Xxxxx X. Xxxxxxxx
Name: Xxxxx X. Xxxxxxxx
Title: Treasurer, Strand Advisors, Inc.,
General
Partner of
Highland Capital
Management, L.P.
|
|
SIGNATURE
PAGE TO AMENDMENT NO. 2
AND
WAIVER, DATED AS OF MAY 30, 2006, TO
XXXXX
RIVER COAL COMPANY CREDIT
AGREEMENT
|
To
Approve the Amendment and Waiver:
|
Name
of Institution:
Highland
Floating Rate Advantage Fund
by
/s/
M. Xxxxx Xxxxxxxxx
Name: M. Xxxxx Xxxxxxxxx
Title: Treasurer
|
|
SIGNATURE
PAGE TO AMENDMENT NO. 2
AND
WAIVER, DATED AS OF MAY 30, 2006, TO
XXXXX
RIVER COAL COMPANY CREDIT
AGREEMENT
|
To
Approve the Amendment and Waiver:
|
Name
of Institution:
Highland
Offshore Partners, L.P.
By:
Highland Capital Management, L.P. as Collateral
Manager
By:
Strand Advisors, Inc. Its General Partner
by
/s/
Xxxxx X. Xxxxxxxx
Name: Xxxxx X. Xxxxxxxx
Title: Treasurer, Strand Advisors, Inc., General Partner
of Highland Capital Management,
L.P.
|
|
SIGNATURE
PAGE TO AMENDMENT NO. 2
AND
WAIVER, DATED AS OF MAY 30, 2006, TO
XXXXX
RIVER COAL COMPANY CREDIT
AGREEMENT
|
To
Approve the Amendment and Waiver:
|
Name
of Institution:
Jasper
CLO, Ltd.
By:
Highland Capital Management, L.P. as Collateral
Manager
By:
Strand Advisors, Inc. Its General Partner
by
/s/
Xxxxx X. Xxxxxxxx
Name:
Xxxxx X. Xxxxxxxx
Title:
Treasurer, Strand Advisors, Inc., General Partner
of
Highland Capital Management,
L.P.
|
|
SIGNATURE
PAGE TO AMENDMENT NO. 2
AND
WAIVER, DATED AS OF MAY 30, 2006, TO
XXXXX
RIVER COAL COMPANY CREDIT
AGREEMENT
|
To
Approve the Amendment and Waiver:
|
Name
of Institution:
Katonah
II, Ltd. by Sankaty Advisors LLC
as
Sub-Advisors
by
/s/
Xxxxxxx Xxxxxxx
Name: Xxxxxxx Xxxxxxx
Title: Senior Vice President
|
|
SIGNATURE
PAGE TO AMENDMENT NO. 2
AND
WAIVER, DATED AS OF MAY 30, 2006, TO
XXXXX
RIVER COAL COMPANY CREDIT
AGREEMENT
|
To
Approve the Amendment and Waiver:
|
Name
of Institution:
KNIGHT
CBNA LOAN FUNDING
KNIGHT
CFPI LOAN FUNDING LLC
Knight
CBNA Loan Funding LLC, for itself or as Agent
for
Knight CFPI Loan Funding LLC
by
/s/
Xxxxxxx Xxxxxxx
Name:
Xxxxxxx Xxxxxxx
Title:
As Attorney In Fact
|
|
SIGNATURE
PAGE TO AMENDMENT NO. 2
AND
WAIVER, DATED AS OF MAY 30, 2006, TO
XXXXX
RIVER COAL COMPANY CREDIT
AGREEMENT
|
To
Approve the Amendment and Waiver:
|
Name
of Institution:
Liberty
CLO, Ltd.
By:
Highland Capital Management, L.P. as Collateral
Manager
By:
Strand Advisors, Inc. Its General Partner
by
/s/
Xxxxx X. Xxxxxxxx
Name: Xxxxx X. Xxxxxxxx
Title: Treasurer, Strand Advisors,
Inc.,
General Partner of Highland Capital
Management, L.P.
|
|
SIGNATURE
PAGE TO AMENDMENT NO. 2
AND
WAIVER, DATED AS OF MAY 30, 2006, TO
XXXXX
RIVER COAL COMPANY CREDIT
AGREEMENT
|
To
Approve the Amendment and Waiver:
|
Name
of Institution:
Liberty
Mutual Fire Insurance Company
By:
Highland Capital Management, L.P. its Investment
Advisor
By:
Strand Advisors, Inc. Its General Partner
by
/s/
Xxxxx X. Xxxxxxxx
Name: Xxxxx X. Xxxxxxxx
Title: Treasurer, Strand Advisors, Inc.,
General Partner of
Highland Capital
Management, L.P.
|
|
SIGNATURE
PAGE TO AMENDMENT NO. 2
AND
WAIVER, DATED AS OF MAY 30, 2006, TO
XXXXX
RIVER COAL COMPANY CREDIT
AGREEMENT
|
To
Approve the Amendment and Waiver:
|
Name
of Institution:
Liberty
Mutual Insurance Company
By:
Highland Capital Management, L.P. its Investment
Advisor
By:
Strand Advisors, Inc. Its General Partner
by
/s/
Xxxxx X. Xxxxxxxx
Name: Xxxxx X. Xxxxxxxx
Title: Treasurer, Strand Advisors, Inc.,
General Partner of
Highland Capital
Management, L.P.
|
|
SIGNATURE
PAGE TO AMENDMENT NO. 2
AND
WAIVER, DATED AS OF MAY 30, 2006, TO
XXXXX
RIVER COAL COMPANY CREDIT
AGREEMENT
|
To
Approve the Amendment and Waiver:
|
Name
of Institution:
Loan
Funding IV LLC
By:
Highland Capital Management, L.P. as Collateral
Manager
By:
Strand Advisors, Inc. Its General Partner
by
/s/
Xxxxx X. Xxxxxxxx
Name: Xxxxx X. Xxxxxxxx
Title: Treasurer, Strand Advisors, Inc.,
General Partner of
Highland Capital Management,
L.P.
|
|
SIGNATURE
PAGE TO AMENDMENT NO. 2
AND
WAIVER, DATED AS OF MAY 30, 2006, TO
XXXXX
RIVER COAL COMPANY CREDIT
AGREEMENT
|
To
Approve the Amendment and Waiver:
|
Name
of Institution:
Loan
Funding VII LLC
By:
Highland Capital Management, L.P. as Collateral
Manager
By:
Strand Advisors, Inc., Its General Partner
by
/s/
Xxxxx X. Xxxxxxxx
Name: Xxxxx X. Xxxxxxxx
Title: Treasurer, Strand Advisors, Inc.,
General Partner of
Highland Capital Management,
L.P.
|
|
SIGNATURE
PAGE TO AMENDMENT NO. 2
AND
WAIVER, DATED AS OF MAY 30, 2006, TO
XXXXX
RIVER COAL COMPANY CREDIT
AGREEMENT
|
To
Approve the Amendment and Waiver:
|
Name
of Institution:
Sankaty
Advisors, LLC as Collateral Manager for Loan
Funding
XI LLC, As Term Lender
by
/s/
Xxxxxxx Xxxxxxx
Name:
Xxxxxxx Xxxxxxx
Title:
Senior Vice President
|
|
SIGNATURE
PAGE TO AMENDMENT NO. 2
AND
WAIVER, DATED AS OF MAY 30, 2006, TO
XXXXX
RIVER COAL COMPANY CREDIT
AGREEMENT
|
To
Approve the Amendment and Waiver:
|
Name
of Institution:
LONG
GROVE CLO, LIMITED.
By:
Deerfield Capital Management LLC as its
Collateral
Manager
by
/s/
Xxxxx Sakon
Name: Xxxxx Sakon
Title: Vice President
|
|
SIGNATURE
PAGE TO AMENDMENT NO. 2
AND
WAIVER, DATED AS OF MAY 30, 2006, TO
XXXXX
RIVER COAL COMPANY CREDIT
AGREEMENT
|
To
Approve the Amendment and Waiver:
|
Name
of Institution:
MARKET
SQUARE CLO, Ltd.
By:
Deerfield Capital Management LLC as its
Collateral
Manager
by
/s/
Xxxxx Sakon
Name: Xxxxx Sakon
Title: Vice President
|
|
SIGNATURE
PAGE TO AMENDMENT NO. 2
AND
WAIVER, DATED AS OF MAY 30, 2006, TO
XXXXX
RIVER COAL COMPANY CREDIT
AGREEMENT
|
To
Approve the Amendment and Waiver:
|
Name
of Institution:
MARQUETTE
PARK CLO LTD
By:
Deerfield Capital Management LLC as its
Collateral
Manager
by
/s/
Xxxxx Sakon
Name: Xxxxx Sakon
Title: Vice President
|
|
SIGNATURE
PAGE TO AMENDMENT NO. 2
AND
WAIVER, DATED AS OF MAY 30, 2006, TO
XXXXX
RIVER COAL COMPANY CREDIT
AGREEMENT
|
To
Approve the Amendment and Waiver:
|
Name
of Institution:
MUIRFIELD
TRADING LLC
by
/s/
Xxxxxx Xxxxxx
Name: Xxxxxx Xxxxxx
Title: Assistant Vice President
|
|
SIGNATURE
PAGE TO AMENDMENT NO. 2
AND
WAIVER, DATED AS OF MAY 30, 2006, TO
XXXXX
RIVER COAL COMPANY CREDIT
AGREEMENT
|
To
Approve the Amendment and Waiver:
|
Name
of Institution:
Restoration
Funding CLO, LTD
By:
Highland Capital Management, L.P. as Collateral
Manager
By:
Strand Advisors, Inc. Its General Partner
by
/s/
Xxxxx X. Xxxxxxxx
Name: Xxxxx X. Xxxxxxxx
Title: Treasurer, Strand Advisors, Inc.,
General Partner of
Highland Capital
Management,
L.P.
|
|
SIGNATURE
PAGE TO AMENDMENT NO. 2
AND
WAIVER, DATED AS OF MAY 30, 2006, TO
XXXXX
RIVER COAL COMPANY CREDIT
AGREEMENT
|
To
Approve the Amendment and Waiver:
|
Name
of Institution:
ROSEMONT
CLO, Ltd.
By:
Deerfield Capital Management LLC as its
Collateral
Manager
by
/s/
Xxxxx Sakon
Name: Xxxxx Sakon
Title: Vice President
|
|
SIGNATURE
PAGE TO AMENDMENT NO. 2
AND
WAIVER, DATED AS OF MAY 30, 2006, TO
XXXXX
RIVER COAL COMPANY CREDIT
AGREEMENT
|
To
Approve the Amendment and Waiver:
|
Name
of Institution:
Sankaty
Advisors, LLC as Collateral Manager for Race
Point
CLO, Limited, as Term Lender
by
/s/
Xxxxxxx Xxxxxxx
Name:
Xxxxxxx Xxxxxxx
Title:
Senior Vice President
|
|
SIGNATURE
PAGE TO AMENDMENT NO. 2
AND
WAIVER, DATED AS OF MAY 30, 2006, TO
XXXXX
RIVER COAL COMPANY CREDIT
AGREEMENT
|
To
Approve the Amendment and Waiver:
|
Name
of Institution:
Sankaty
Advisors, LLC as Collateral Manager for Race
Point
II CLO, Limited, as Term Lender
by
/s/
Xxxxxxx Xxxxxxx
Name: Xxxxxxx Xxxxxxx
Title: Senior Vice President
|
