EXHIBIT 10.6
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FIFTH AMENDMENT TO SENIOR REVOLVING LOAN AGREEMENT
THIS AMENDMENT, made and entered into this second day of December, 1997, by
and between CONSOLIDATION COAL COMPANY, a Delaware corporation ("Borrower") and
XXXXXX GUARANTY TRUST COMPANY OF NEW YORK ("Bank").
WITNESSETH:
WHEREAS, Borrower and Bank are parties to a Senior Revolving Loan Agreement
dated as of December 23, 1993 (the "Loan Agreement"); and
WHEREAS, Borrower and Bank desire to hereby amend the Loan Agreement in
certain respects, effective December 2, 1997.
NOW, THEREFORE, in consideration of the foregoing premises, and intending
to be legally bound hereby, Borrower and Bank hereby agree as follows:
1. The Loan Agreement is hereby amended in the following respects,
effective December 2, 1997:
A. SECTION 2.3 is amended in its entirety to read as follows:
SECTION 2.3 Fees. The Borrower agrees to pay the Bank, for the
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period (including any portion thereof when its Commitment is suspended by
reason of the Borrower's inability to satisfy any condition of Article V)
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commencing on the Effective Date and continuing through the Commitment
Termination Date, a commitment fee at the rate of (i) 0.05% per annum for
each day in such period when the Credit Rating is Level I and (ii) 0.09%
per annum for each day in such period when the Credit Rating is Level II
and (iii) 0.20% per annum for each day in such period when the Credit
Rating is Level III, on the daily average of the excess of the Commitment
Amount over the outstanding principal amount of the Bank's Loans. Such
commitment fees shall be payable by the Borrower quarterly in arrears to
the Bank for the period ending on each Quarterly Payment Date, commencing
with the first such day following December 2, 1997 and on the Commitment
Termination Date.
2. All other terms and conditions of the Loan Agreement shall remain in
full force and effect.
3. This Fifth Amendment may be executed by the parties hereto in several
counterparts, and all of said counterparts taken together shall be deemed to
constitute one and the same instrument.
IN WITNESS WHEREOF, Borrower and Bank have caused this Fifth Amendment to
the Senior Revolving Loan Agreement to be executed by their respective, duly
authorized officers or representatives as of the day and year first above
written.
CONSOLIDATION COAL COMPANY
By /s/ Xxxxx X. Xxxxx
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Xxxxx X. Xxxxx, Vice President
and Treasurer of CONSOL Inc.,
Attorney-in-Fact
XXXXXX GUARANTY TRUST COMPANY OF
NEW YORK
By /s/ Xxxxxxx Xxxxx-Xxxxx
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Name Xxxxxxx Xxxxx-Xxxxx
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Title Vice President
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SCHEDULE TO EXHIBIT 10.6
In addition, to Exhibit 10.6, Consolidation Coal Company entered into Fifth
Amendments to the Senior Revolving Loan Agreements of the same date with each of
the following banks, all of which are substantially identical to Exhibit 10.6 in
all material respects:
PNC Bank
The Bank of Nova Scotia
Citibank X.X.
Xxxxxx Bank, N.A.
