Contract

Exhibit 10.55

THIS FIRST AMENDMENT (“Amendment”) TO COAL MINING LEASE AND SUBLEASE is made on June 30, 2011 and effective on April 1, 2011 (“Effective Date”), and is by and between COLT LLC (“Colt” or “Lessor”), a West Virginia limited liability company; and XXXXXXXXXX ENERGY, LLC (“Lessee”), a Delaware limited liability company, each a “Party” and collectively the “Parties.”

W I T N E S S E T H

WHEREAS, the Parties entered into that certain Coal Mining Lease and Sublease dated August 12, 2010 (“Lease”) regarding the leasing of certain coal reserves and containing the terms and conditions under which such coal reserves are to be mined; and

WHEREAS, the Parties entered are willing and have agreed to amend the Lease in accordance with the terms, conditions, and provisions of this Amendment.

NOW, THEREFORE, in consideration of the premises which are not mere recitals but are an integral part hereof and for other good and valuable consideration including without limitation the continuation of the Lease as amended by this Amendment, the Parties, intending to be legally bound hereby, covenant and agree as follows:

1. Lessor and Lessee hereby agree to (i) delete in their entireties from the Lease the three (3) EXHIBITS (being labeled “EXHIBIT “A””; “EXHIBIT “B””; and “EXHIBIT “C””) attached to and made a part of the Lease (“Deleted Exhibits”) and (ii) replace the Deleted Exhibits with the three (3) EXHIBITS (also being labeled “EXHIBIT “A’’’’; “EXHIBIT “B””; and “EXHIBIT “C””) attached hereto and made a part hereof (“Corrected Exhibits”). The Parties acknowledge that the Deleted Exhibits contained certain errors in the description of some of the instruments described and set forth therein and that those errors have been corrected in the Corrected Exhibits.

2. Lessor and Lessee hereby agree to add to the “Premises” (as defined in the Lease), for the purpose of mining and removing by underground mining methods the Economically Mineable and Merchantable Coal (as defined in the Lease) which can be mined by such methods from the No.6 Seam of coal, the following coal in and under the following “Additional Premises” (as hereafter defined): all the coal in the Xxxxxx No.6 Seam of coal (“coal”) contained in and underlying Parcels 1 and 2, as hereafter designated and described, located in parts of Sections 12 and 13, Township 7 South, Range 3 East, of the Third P.M., in Franklin County, Illinois, as follows:

Parcel 1: A part of the North Half of the North Half of said Section 13, being a part of Tax Parcel # 00-00-000-000, commencing at the northeast corner of said Section 13 and being the Point of Beginning; thence North 90 degrees West, a distance of 3,766.54 feet, more or less; thence North 0 degrees West, a distance of 110.25 feet, more or less, to the north line of said Section 13; thence East along and with the north line of said Section 13, a distance of 3,768.15 feet, more or less, to the Point of Beginning, containing 4.76 acres, more or less.

Parcel 2: A part of the South Half of said Section 12, being a part of Tax Parcel # 00-00-000-000, commencing at the southeast corner of said Section 12 and being the Point of Beginning; thence North 90 degrees West along the south line of said Section 12, a distance of 61 feet, more or less, to the northeast corner of said Section 13; thence West along the south line of said Section 12, a distance of 3,768.15 feet, more or less; thence North 90 degrees West, a distance of 1,437.75 feet, more or less; thence North 90 degrees East, a distance of 3,843 feet, more or less, to the east line of said Section 12; thence South along and with the east line of said Section 12, a distance of 1,548 feet, more or less, to the Point of Beginning, containing 131.54 acres, more or less.

The above-described Parcel 1 and Parcel 2, which are collectively defined as the “Additional Premises”, are generally shown and depicted as the areas outlined in heavy black lines (with “Parcel 2” printed within one such area and with “Parcel 1” printed outside the other such area but with an arrow pointing to such area comprising Parcel 1) on the plat labeled “Exhibit A - Mineral Deed” and bearing “Date: 3/15/2011”, which is attached hereto and made a part hereof.

From and after the Effective Date, the coal in and under the Additional Premises shall be part of the Premises and shall be treated and considered to be part of the Premises for all purposes in and under the Lease.

3. In connection with this Amendment and all transactions contemplated by this Amendment, each Party agrees, and agrees to cause its affiliates, to execute and deliver such additional documents and installments and to perform such additional acts as may be necessary or appropriate to effectuate, carry out and perform all of the terms, provisions and conditions of this Amendment and all such transactions.

4. This Amendment shall be interpreted as mutually drafted by all Parties and shall not be construed more severely against any Party as the preparer of the document.

5. This Amendment may be executed in any number of counterparts (including facsimile counterparts), all of which taken together shall constitute one and the same instrument and any Party may execute this Amendment by signing any such counterpart(s).

6. Except as expressly modified and amended in this Amendment, all of the terms, conditions and provisions of the Lease shall remain in full force and effect.

IN WITNESS WHEREOF, each Party has executed this Amendment as of the Effective Date.


COLT LLC

By		/s/ Xxxxxx X. Xxxxxxx

Name		Xxxxxx X. Xxxxxxx

Its Authorized Person

XXXXXXXXXX ENERGY, LLC

By		/s/ Xxxxxx X. Xxxxxxx

Name		Xxxxxx X. Xxxxxxx

Its Authorized Person

STATE OF WV,

COUNTY OF RALEIGH, TO-WIT:

The foregoing instrument was acknowledged, subscribed and sworn to before me this 30^th day of June, 2011, by Xxxxxx X. Xxxxxxx, as the Authorized Person of COLT LLC, a West Virginia limited liability company, on behalf of COLT LLC.

My commission expires: January 11, 2020.

/s/ Xxxxxxxx X. Xxxxxxx

Notary Public

[SEAL]

XXXXX XX XX,

XXXXXX XX XXXXXXX, TO-WIT:

The foregoing instrument was acknowledged, subscribed and sworn to before me this 30^th day of June, 2011, by Xxxxxx X. Xxxxxxx, as the Authorized Person of XXXXXXXXXX ENERGY, LLC, a West Virginia limited liability company, on behalf of XXXXXXXXXX ENERGY, LLC.