THIRD AMENDMENT TO TERM CREDIT AGREEMENT
Exhibit
10.1
THIRD
AMENDMENT TO TERM CREDIT AGREEMENT
THIS THIRD AMENDMENT TO TERM CREDIT AGREEMENT
(this “Agreement”), is made and
entered into as of May 5, 2008 (the “Effective Date”), by and among
Xxxxx River Coal Company, a corporation organized under the laws of Virginia
(“JRCC”), and certain of
JRCC’s Subsidiaries identified on the signature pages hereof, as borrowers (such
Subsidiaries, together with JRCC, are referred to hereinafter each individually
as a “Borrower”, and
collectively, jointly and severally, as the “Borrowers”), and the other
credit parties hereto, identified on the signature pages hereof as Guarantors
(together, the Borrowers and Guarantors, the “Credit Parties”), the lenders
party hereto from time to time (the “Lenders”), Xxxxxx Xxxxxxx
Senior Funding, Inc. (“MS”), a corporation formed
under the laws of Delaware, as administrative agent
for the Lenders (in such capacity, together with its successors and assigns, if
any, the “Administrative
Agent”) and as sole-bookrunner and lead arranger (in such capacity, the
“Lead Arranger”), and
Xxxxxx Xxxxxxx & Co. Incorporated, as collateral agent for the Lenders (in
such capacity, together with its successors and assigns, if any, the “Collateral
Agent”).
W I T N E S S E T
H:
WHEREAS, the Borrowers, the
other Credit Parties signatory thereto, the Lenders and L/C Issuers party
thereto, and the Administrative Agent are parties to that certain Term Credit
Agreement, dated as of February 26, 2007 (as amended, restated, supplemented and
revised from time to time, the “Credit Agreement”), pursuant
to which the Lenders have committed to make certain loans and other extensions
of credit to the Borrowers upon the terms and conditions set forth therein;
and
WHEREAS, the Borrowers have
requested that the Lenders make certain changes to the Credit Agreement and that
the Lenders consent to certain actions of the Borrowers; and
WHEREAS, the Lenders are
willing, upon and subject to certain conditions, to amend the Credit Agreement
in certain respects, all in accordance with and subject to the terms and
conditions set forth herein.
NOW, THEREFORE, in
consideration of the premises, the covenants and agreements contained herein,
and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties hereto do hereby agree that capitalized
terms used herein and not otherwise defined herein shall have the meanings given
to such terms in the Credit Agreement and as follows:
1. Waiver. The Administrative Agent and
the undersigned Lenders, subject to the terms and conditions of this Agreement,
including without limitation the conditions to effectiveness specified in Section 7 below,
hereby waive any Default or Event of Default solely occurring by reason of the
Borrower’s failure to comply with (a) the Minimum Consolidated EBITDA covenant
set forth in Section
10.01 solely for the period ending March 31, 2008, and (b) the Leverage
Ratio covenant set forth in Section 10.02, solely
for the period ending March 31, 2008.
2. Amendments
to the Credit Agreement.
(a) Section 1.01 of the
Credit Agreement, Definitions, is
hereby amended by adding the following definitions in the appropriate
alphabetical order:
“Equity Issuance”
means the issuance of any Equity Interest by a Credit Party.
“Equity Repayment”
shall have the meaning ascribed to such term in Section
3.02(b)(ii).
“Senior Notes” means
the 9.375 Senior Notes Due 2012 issued pursuant to the Indenture.
“Third Amendment Date”
means the effective date of the Third Amendment to Term Credit Agreement dated
as of May 5, 2008.
“Third Amendment Fee”
means, with respect to any Lender, three percentage points (3%) times an amount
equal to the sum of (a) such Lender's Pro Rata Share of the Term Loan
Obligations plus (b) such Lender's Pro Rata Share of the Term Letter of Credit
Commitment.
(b) Section
1.01 of the Credit Agreement, Definitions, is
hereby amended by deleting the definitions of “Commitment Fee”,
“Consolidated
EBITDA” and “Leverage Ratio” in
their entirety and substituting in lieu thereof the following:
"Applicable
Margin” means, four
and a half percentage points (4.50%) in the case of Base Rate Loans and five and
a half percentage points (5.50%) in the case of LIBOR Rate Loans.
“Applicable Payment
Fee” means (a) on or prior to the 2nd anniversary of the Third Amendment
Date, three percentage points, (b) on or prior to the 3rd anniversary of the
Third Amendment Date, two percentage points, and (c) after the 3rd anniversary
of the Third Amendment Date zero percentage points, in each, case, times the
amount of the Term Loan B Loans being paid for any reason other than (i)
payments from Excess Cash Flow under Section 3.02(d) and (ii) payments from Net
Casualty/Condemnation Proceeds under Section 3.02(a).
2
“Applicable Reduction
Fee” means (a) on or prior to the 2nd anniversary of the Third Amendment
Date, three percentage points, (b) on or prior to the 3rd anniversary of the
Third Amendment Date, two percentage points, and (c) after the 3rd anniversary
of the Third Amendment Date zero percentage points, in each case times the
amount of the Term Letter of Credit Commitment being reduced for any reason
other than (i) reductions due to mandatory payments from Excess Cash Flow under
Section 3.02(d) or (ii) reductions due to mandatory payments from Net
Casualty/Condemnation Proceeds under Section 3.02(a).
“Commitment Fee” shall
mean a fee on the amount of the Term Letter of Credit Obligations payable on
each Interest Payment Date in cash in an amount equal to the Term Letter of
Credit Obligations times
(a) four percentage points (4.00%) per annum from the Closing Date
through the effective date of the Second Amendment; (b) four and three fourths
percentage points per annum from the effective date of the Second Amendment
through the effective date of the Third Amendment; and (c) five and a half
percentage points (5.50%) per annum from and after the effective date
of the Third Amendment.”
“Consolidated EBITDA”
means, with respect to any Person for any period, the consolidated Net Income of
such Person for such period plus, without duplication, the sum of the following
amounts of such Person for such period to the extent deducted in the
determination of consolidated Net Income of such Person for such
period: (a) Net Interest Expense and all fees and charges in
connection with the Agreement, the Revolving Credit Agreement and the Prior
Credit Agreement, (b) provisions for federal, state, local and foreign income,
value added and similar Taxes, (c) depreciation expense, (d) amortization
expense, (e) non-cash extraordinary, unusual or non-recurring losses (determined
on an after tax basis), (f) fees due and payable to Wachovia Bank, N.A. in
connection with cash management services for deposit accounts maintained at
Wachovia Bank, N.A. in an aggregate amount not to exceed $300,000 in any fiscal
year, and (g) non-cash expenses from the granting of stock options and
restricted stock grants minus, the amount of non-cash extraordinary, unusual or
non-recurring gains (determined on an after tax basis) of such Person for such
period to the extent added in the determination of consolidated Net Income of
such Person for such period. For the avoidance of doubt, the
calculation of Consolidated EBITDA shall exclude, (i) any non-cash prepaid asset
write-off related to KRP in the amount of $1,800,000 (one million eight hundred
thousand dollars) for the Fiscal Year ending December 31, 2008.
“Leverage Ratio”
means, as of any date of determination (a) the amount of Senior Funded
Indebtedness as of such date, divided by
(b) the amount of Consolidated EBITDA of the Borrowers and their
Subsidiaries for the twelve (12) month period most recently ended prior to that
date; provided that, notwithstanding anything contained herein to the contrary,
for purposes of calculating the Leverage Ratio for the fiscal quarter ending as
of (i) June 30, 2008, the amount of Consolidated EBITDA required in clause (b)
of this definition shall be determined by taking the amount of Consolidated
EBITDA for the six months ended as of June 30, 2008 and multiplying that amount
by two (i.e. 6 months Consolidated EBITDA times 2), and (ii) September 30, 2008,
the amount of Consolidated EBITDA required in clause (b) of this definition
shall be determined by taking the amount of Consolidated EBITDA for the nine
months ended as of September 30, 2008 and multiplying that amount by four and
dividing the result by three (i.e. 9 months Consolidated EBITDA times
4/3).
3
(c)
Section
3.01(d), of the Credit Agreement, Voluntary
Prepayments/Reductions of Commitments, is hereby amended by deleting the
final sentence of such Section in its entirety and inserting the following in
lieu thereof:
“Notwithstanding anything contained
hereunder, including but not limited to the provisions of Sections 3.01(a),
3.01(b) and 3.01(c), the Borrower shall not be permitted to make any voluntary
prepayment of the Obligations or reduction in the Term Letter of Credit
Commitments prior to the 1st anniversary of the Third Amendment
Date.”
(d) Section
3.02(b) of the Credit Agreement, Prepayments
from the Incurrence of Indebtedness, is hereby
amended by adding “or
Issuance of Equity” to the end the subsection title and
inserting “(i)” prior to the beginning of the first sentence of such Section
3.02(b). Following the final sentence of such new subsection (i) of Section
3.02(b), the word “and” shall be added and a new subsection (ii) shall be added
to such Section 3.02(b) as follows:
“(ii) The Borrower agrees that at
least fifty percent (50%) of the Net Offering Proceeds of any Equity Issuance
shall be, upon receipt, segregated into a Cash Management Account and offered as
a mandatory prepayment to the Term Lenders, together with the payment of the
Applicable Payment Fee and the Applicable Reduction Fee on the amount being
offered as a prepayment (the “Equity Repayment”). Any Term Lender
may, in its discretion, notify the Borrower, in writing within ten (10) Business
Days, that such Term Lender does not want to accept such Term Lender’s pro rata
share of the Equity Repayment. In the event any Term Lender sends
such a notice, such Term Lender’s pro rata share of the Equity Repayment may be
retained by JRCC, or used by Borrowers for any corporate purpose (including,
without limitation, to prepay, purchase or otherwise redeem the Senior Notes);
provided however, that no prepayment of Indebtedness, other than the Obligations
under the Credit Agreement and the obligations under the Revolving Credit
Agreement, shall be permitted if, after giving effect to such prepayment on a
pro forma basis, any Default or Event of Default shall have
occurred.”
(e) Section
4.04, of the Credit Agreement, Fees,
is hereby amended by deleting the “and” immediately prior to subsection (b) and
adding a final clause “(c)” as follows:
“, and (c) substantially
contemporaneously with the effectiveness of the Third Amendment, the Borrowers
hereby agree to pay the Third Amendment Fee to each Lender that, on or before
May 12, 2008, executes and delivers its consent to the Third
Amendment.”
(f) Section 9.05 of the
Credit Agreement, Limitation on Issuance of
Equity Interests, is hereby amended by deleting clause (e) in its
entirety and inserting the following in lieu thereof:
4
“(e) issuances of Equity Interests
(other than Disqualified Equity Interests) consisting solely of common stock of
JRCC, to the holders of Senior Notes in exchange for, or as a redemption or
repayment of, any or all such Senior Notes. Notwithstanding the above, and in
addition to Equity Interests otherwise permitted to be issued pursuant to
Section 9.05(e), the Borrower shall be permitted to issue, sell and enter into
any agreement or arrangement for the issuance and sale of Equity Interests
consisting of shares of JRCC’s common stock and issued under the Registration
Statement on Form S-3 filed by JRCC with the Securities & Exchange
Commission June 7, 2007; provided however,
that such Equity Interest is not a Disqualified Equity Interest, and further
provided, that
any and all Net Offering Proceeds are subject to Section
3.02(b)(ii).”
(g) Section 10.01, Minimum Consolidated
EBITDA, of the Credit Agreement is hereby amended by deleting such
Section in its entirety and inserting the following in lieu
thereof:
“SECTION
10.01 Minimum Consolidated
EBITDA. The Credit Parties shall not permit Consolidated
EBITDA for the indicated period ending on any date set forth in the table below
to be less than the amount set forth opposite such date:
|
Measurement Period
Ending
|
Consolidated
EBITDA
|
||
|
June
30, 2008
|
(6
Months)
|
8.6
million
|
|
|
September
30, 2008
|
(9
Months)
|
27.5
million
|
|
|
December 31,
2008
|
(12
Months)
|
41.0
million
|
|
|
March
31, 2009
|
(12
Months)
|
54.1
million
|
|
|
June
30, 2009
|
(12
Months)
|
61.3
million
|
|
|
September
30, 2009
|
(12
Months)
|
72.2
million
|
|
|
December 31,
2009
|
(12
Months)
|
78.9
million
|
|
|
March
31, 2010
|
(12
Months)
|
78.9
million
|
|
|
June
30, 2010
|
(12
Months)
|
78.1
million
|
|
|
September
30, 2010
|
(12
Months)
|
76.5
million
|
|
|
December 31,
2010
|
(12
Months)
|
78.8
million
|
(h) Section 10.02, Leverage Ratio, of
the Credit Agreement is hereby amended by deleting such Section in its entirety
and inserting the following in lieu thereof:
“SECTION
10.02 Leverage
Ratio. The Credit Parties shall not permit the Leverage Ratio
for the Credit Parties as of any date set forth in the table below to be greater
than the amount set forth opposite such date:
|
Measurement Period
Ending
|
Leverage
Ratio
|
|
|
June
30, 2008
|
5.0x
|
|
|
September
30, 2008
|
3.0x
|
|
|
December 31,
2008
|
2.6x
|
|
|
March
31, 2009
|
2.2x
|
|
|
June
30, 2009
|
1.7x
|
|
|
September
30, 2009
|
1.5x
|
|
|
December 31,
2009
|
1.5x
|
|
|
March
31, 2010
|
1.5x
|
|
|
June
30, 2010
|
1.5x
|
|
|
September
30, 2010
|
1.6x
|
|
|
December 31,
2010
|
1.5x
|
5
3. Affirmation
and Acknowledgment of the Borrowers. The Borrowers
hereby ratify and confirm all of their Obligations to the Lenders, including,
without limitation, the Loans, and the Borrowers hereby affirm their absolute
and unconditional promise to pay to the Lenders all indebtedness, obligations
and liabilities in respect of the Loans, the Letters of Credit, and all other
amounts due under the Credit Agreement and the other Loan Documents as amended
hereby. The Borrowers hereby confirm that the Obligations are and
remain secured pursuant to the Loan Documents and pursuant to all other
instruments and documents executed and delivered by the Borrowers as security
for the Obligations.
4.
No
Other Waivers, Amendments or Consents. Except for the
waiver in Section
1, the consents in Section 2 hereof and
the amendments expressly set forth and referred to in Section 3 hereof, the
Credit Agreement shall remain unchanged and in full force and
effect. The waiver and consents contained herein shall not extend
beyond the terms expressly set forth herein for such waiver and consents, nor
impair any right or power accruing to the Administrative Agent or any Lender
with respect to any other Default or Event of Default or any Default or Event of
Default which occurs after the date hereof. Nothing in this Agreement
is intended or shall be construed to be a novation of any Obligations or any
part of the Credit Agreement or any of the other Loan Documents or to affect,
modify or impair the continuity or perfection of the Administrative Agent’s
Liens under the Credit Agreement and Loan Documents.
5. Representations,
Warranties and Covenants. To induce the undersigned Lenders to
enter into this Agreement, the Credit Parties hereby warrant, represent and
covenant to and with to the Lenders and the Administrative Agent that: (a) this Agreement
has been duly authorized, executed and delivered by the Credit Parties; (b) this
Agreement and the Credit Agreement as amended hereby constitute legal, valid and
binding obligations of the Credit Parties, enforceable in accordance with their
respective terms; (c) after giving effect to this Agreement, no Default or Event
of Default has occurred and is continuing as of this date; (d) no approval or
consent of, or filing with, any governmental agency or authority is required to
make valid and legally binding the execution, delivery or performance by the
Credit Parties of this Agreement or the Credit Agreement as amended hereby; and
(e) after giving effect to this Agreement, all of the representations and
warranties made by the Credit Parties in the Credit Agreement are true and
correct in all material respects on and as of the date of this Agreement (except
to the extent that any such representations or warranties expressly referred to
a specific prior date and except for changes therein expressly permitted or
expressly contemplated by the Credit Agreement or the other Loan
Documents). Any breach by the Credit Parties of any of its
representations, warranties and covenants contained in this Section 6 shall be an
Event of Default under the Credit Agreement.
6
6. Conditions
to Effectiveness. This Agreement shall not become effective
unless and until the Administrative Agent has received (a) payment by the
Borrowers of the Third Amendment Fee, (b) one or more counterparts of this
Agreement, duly executed, completed and delivered by the Borrowers, the other
Credit Parties and the Required Lenders and (c) a fully-executed amendment to
the Revolving Credit Agreement, in substantially the form attached hereto as
Exhibit A.
7. Reimbursement
of Expenses. The Borrowers hereby agree to reimburse the
Administrative Agent on demand for all reasonable fees and reasonable
out-of-pocket costs and expenses (including without limitation the reasonable
and actual fees and expenses of its counsel) incurred by the Administrative
Agent in connection with the negotiation, documentation and consummation of this
Agreement and the other documents executed in connection herewith and the
transactions contemplated hereby.
8. Governing
Law. THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN
ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK FOR CONTRACTS TO BE PERFORMED
ENTIRELY WITHIN SAID STATE AND ANY APPLICABLE LAWS OF THE UNITED STATES OF
AMERICA.
9. Severability
of Provisions. Any provision of this Agreement which is
prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction,
be ineffective to the extent of such prohibition or unenforceability without
invalidating the remaining provisions hereof or affecting the validity or
enforceability of such provision in any other jurisdiction. To the
extent permitted by applicable law, the Borrowers hereby waive any provision of
law that renders any provision hereof prohibited or unenforceable in any
respect.
10. Counterparts. This
Agreement may be executed in any number of several counterparts, all of which
shall be deemed to constitute but one original and shall be binding upon all
parties, their successors and permitted assigns. Delivery of an
executed signature page of this Agreement by facsimile transmission or
electronic transmission shall be as effective as delivery of a manually executed
counterpart hereof.
11. Entire
Agreement. The Credit Agreement as amended through this
Agreement embodies the entire agreement between the parties hereto relating to
the subject matter thereof and supersedes all prior agreements, representations
and understandings, if any, relating to the subject matter thereof.
12. No Strict
Construction. The parties hereto have participated jointly in
the negotiation and drafting of this Agreement. In the event an
ambiguity or question of intent or interpretation arises, this Agreement shall
be construed as if drafted jointly by the parties hereto and no presumption or
burden of proof shall arise favoring or disfavoring any party by virtue of the
authorship of any provisions of this Agreement.
13. No Third
Party Reliance. This Agreement is solely for the benefit of
the parties signatory hereto, their successors and permitted
assigns. No waiver, consent or amendment pursuant to this Agreement
may be relied upon by any third parties.
7
14. Release. The Credit Parties
hereby remise, release, acquit, satisfy and forever discharge the Lenders, the
Administrative Agent, the Collateral Agent, and the L/C Issuer and their
respective agents, employees, officers, directors, predecessors, attorneys and
all others acting or purporting to act on behalf of or at the direction of the
Lenders, the Administrative Agent, the Collateral Agent, or the L/C Issuer of
and from any and all manner of actions, causes of action, suit, debts, accounts,
covenants, contracts, controversies, agreements, variances, damages, judgments,
claims and demands whatsoever, in law or in equity, which any of such parties
ever had or now has against the Lenders, the Administrative Agent, the
Collateral Agent, and the L/C Issuer their respective agents, employees,
officers, directors, attorneys and all persons acting or purporting to act on
behalf of or at the direction of the Lenders or the Administrative Agent (“Releasees”), for, upon or by
reason of any matter, cause or thing whatsoever arising from, in connection with
or in relation to the Credit Agreement or any of the other Loan Documents
(including this Agreement) through the date hereof. Without limiting
the generality of the foregoing, the Credit Parties waive and affirmatively
agree not to allege or otherwise pursue any defenses, affirmative defenses,
counterclaims, claims, causes of action, setoffs or other rights they do, shall
or may have as of the date hereof, including, but not limited to, the rights to
contest any conduct of the Lenders, Administrative Agent or other Releasees on
or prior to the date hereof.
[Remainder
of page intentionally blank; next page is signature page]
8
IN WITNESS WHEREOF, the
parties have caused this Third Amendment to Term Credit Agreement to be duly
executed by their respective officers or representatives thereunto duly
authorized, as of the date first above written.
| BORROWERS: | ||
| XXXXX RIVER COAL COMPANY | ||
|
|
||
|
By:
|
/s/ Xxxxx X. Xxxxx
|
|
|
Name:
Xxxxx X. Xxxxx
|
||
|
Title:
Chief Executive Officer
|
||
|
XXXXX
RIVER COAL SERVICE COMPANY
|
||
|
By:
|
/s/ Xxxxx X. Xxxxx
|
|
|
Name:
Xxxxx X. Xxxxx
|
||
|
Title:
Chief Executive Officer
|
||
| LEECO, INC. | ||
|
By:
|
/s/ Xxxxx X. Xxxxx
|
|
|
Name:
Xxxxx X. Xxxxx
|
||
|
Title:
Chief Executive Officer
|
||
| TRIAD MINING, INC. | ||
|
By:
|
/s/ Xxxxx X. Xxxxx
|
|
|
Name:
Xxxxx X. Xxxxx
|
||
|
Title:
Chief Executive Officer
|
||
| TRIAD UNDERGROUND MINING, LLC | ||
|
By:
|
/s/ Xxxxx X. Xxxxx
|
|
|
Name:
Xxxxx X. Xxxxx
|
||
|
Title:
Chief Executive Officer
|
||
| XXXXXXX COAL CORPORATION | ||
|
By:
|
/s/ Xxxxx X. Xxxxx
|
|
|
Name:
Xxxxx X. Xxxxx
|
||
|
Title:
Chief Executive Officer
|
||
| XXXXX CREEK ELKHORN COAL CORPORATION | ||
|
By:
|
/s/ Xxxxx X. Xxxxx
|
|
|
Name:
Xxxxx X. Xxxxx
|
||
|
Title:
Chief Executive Officer
|
||
| XXXXX RIVER COAL SALES, INC. | ||
|
By:
|
/s/ Xxxxx X. Xxxxx
|
|
|
Name:
Xxxxx X. Xxxxx
|
||
|
Title:
Chief Executive Officer
|
||
| XXXXXXX COAL LEASING COMPANY | ||
|
By:
|
/s/ Xxxxx X. Xxxxx
|
|
|
Name:
Xxxxx X. Xxxxx
|
||
|
Title:
Chief Executive Officer
|
||
| BLUE DIAMOND COAL COMPANY | ||
|
By:
|
/s/ Xxxxx X. Xxxxx
|
|
|
Name:
Xxxxx X. Xxxxx
|
||
|
Title:
Chief Executive Officer
|
||
| XXXXX ELKHORN COAL CORPORATION | ||
|
By:
|
/s/ Xxxxx X. Xxxxx
|
|
|
Name:
Xxxxx X. Xxxxx
|
||
|
Title:
Chief Executive Officer
|
||
| GUARANTORS: | ||
| BDCC HOLDING COMPANY, INC. | ||
|
By:
|
/s/ Xxxxx X. Xxxxx
|
|
|
Name:
Xxxxx X. Xxxxx
|
||
|
Title:
Chief Executive Officer
|
||
| EOLIA RESOURCES, INC. | ||
|
By:
|
/s/ Xxxxx X. Xxxxx
|
|
|
Name:
Xxxxx X. Xxxxx
|
||
|
Title:
Chief Executive Officer
|
||
| SHAMROCK COAL COMPANY, INCORPORATED | ||
|
By:
|
/s/ Xxxxx X. Xxxxx
|
|
|
Name:
Xxxxx X. Xxxxx
|
||
|
Title:
Chief Executive Officer
|
||
| XXXXX CREEK COAL COMPANY | ||
|
By:
|
/s/ Xxxxx X. Xxxxx
|
|
|
Name:
Xxxxx X. Xxxxx
|
||
|
Title:
Chief Executive Officer
|
||
| XXXXX CREEK PROCESSING COMPANY | ||
|
By:
|
/s/ Xxxxx X. Xxxxx
|
|
|
Name:
Xxxxx X. Xxxxx
|
||
|
Title:
Chief Executive Officer
|
||
| LENDER: | ||
| XXXXXX XXXXXXX SENIOR FUNDING, INC. | ||
|
By:
|
/s/ Xxxxxxx X. Xxxx
|
|
|
Name:
Xxxxxxx X. Xxxx
|
||
|
Title:
Vice President
|
||
| COLLATERAL AGENT | ||
| XXXXXX XXXXXXX & CO. INCORPORATED | ||
|
By:
|
/s/ Xxxxxxx X. Xxxx
|
|
|
Name:
Xxxxxxx X. Xxxx
|
||
|
Title:
Executive Director
|
||
| LENDER: | ||
| SANDELMAN FINANCE 2006-1, LTD. | ||
|
By:
|
/s/ Xxxxx X. Bio
|
|
|
Name:
Xxxxx X. Bio
|
||
|
Title:
Head of Capital Structure
|
||
XXXXX
RIVER COAL COMPANY
THIRD
AMENDMENT TO TERM CREDIT AGREEMENT
SIGNATURE
PAGE
| LENDER: | ||
| TRILOGY PORTFOLIO COMPANY, LLC | ||
|
By:
|
/s/ Xxxx X. Xxxxxxxxx
|
|
|
Name:
Xxxx X. Xxxxxxxxx
|
||
|
Title:
Principal
|
||
XXXXX
RIVER COAL COMPANY
THIRD
AMENDMENT TO TERM CREDIT AGREEMENT
SIGNATURE
PAGE
