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EXHIBIT 10.14(b)
SUPPLEMENT TO SUBORDINATION AGREEMENT
January 2, 1998
Reference is made to the Credit Agreement dated as of November 11, 1997
by and among AEI Holding Company, Inc. ("Borrower"), NationsBank of Texas, N.A.,
individually and as Agent, and the other lenders parties thereto (the "Credit
Agreement") and to the Subordination Agreement dated as of November 11, 1997 by
and among Borrower, Xxxxx Xxxxxxxxx, Xxxxxxxxx Enterprises, Inc., Tennessee
Mining, Inc., Xxxxx- Xxxxx Co., Inc., and Xxxxxxxxx Mining, Inc. (the
"Subordination Agreement") executed pursuant thereto. Terms defined in the
Credit Agreement and Subordination Agreement are used herein with the same
meaning.
WHEREAS, Section 6.17 of the Credit Agreement requires each Subsidiary
of Borrower acquired after the date thereof to execute and deliver to Agent a
supplement to the Subordination Agreement by which such Subsidiary shall become
a party thereto as a "Subsidiary".
NOW, THEREFORE, Mining Technologies, Inc., a Kentucky corporation
("Mining Technologies") hereby agrees as follows:
1. Upon and from its execution hereof, Mining Technologies shall be a
party to the Subordination Agreement and shall comply with all the obligations
of the Related Persons and Subsidiaries thereunder.
2. The Subordination Agreement, as supplemented hereby, is hereby
ratified and confirmed in all respects. The execution, delivery, and
effectiveness of this Supplement Agreement shall not, except as expressly
provided herein, operate as a waiver of any right, power, or remedy of Agent or
any Lender under the Subordination Agreement nor constitute a waiver of any
provision of the Subordination Agreement.
THIS AMENDMENT AND THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL
AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR,
CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO
UNWRITTEN ORAL AGREEMENTS OF THE PARTIES.
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IN WITNESS WHEREOF, this instrument is executed by the undersigned as
of the date first written above.
MINING TECHNOLOGIES, INC.
By: /s/ Xxx Xxxxx
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Name: Xxx Xxxxx
Title: Treasurer
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