WAIVER NO. 2 TO CREDIT AGREEMENTCredit Agreement • November 7th, 2008 • Energy Coal Resources, Inc. • New York
Contract Type FiledNovember 7th, 2008 Company JurisdictionTHIS WAIVER NO. 2 TO CREDIT AGREEMENT, dated as of May 2, 2007 (this “Waiver Agreement”), is made by and among Bowie Resources, LLC, a Delaware limited liability company (“Bowie”); Colorado Holding Company, Inc., a Delaware corporation (“CHC”); Bowie Resources Management Partner, LLC, a Nevada limited liability company (“BRMP”); and General Electric Capital Corporation, as agent for the lenders party to the Credit Agreement described below (the “Agent”) and as a Lender under the Credit Agreement. Capitalized terms used in this Waiver Agreement and not otherwise defined have the meanings set forth in the Credit Agreement, as modified hereby.
WAIVER NO. 1 TO CREDIT AGREEMENTCredit Agreement • November 7th, 2008 • Energy Coal Resources, Inc. • New York
Contract Type FiledNovember 7th, 2008 Company JurisdictionTHIS WAIVER NO. 1 TO CREDIT AGREEMENT, dated as of April 4, 2007 (this “Waiver Agreement”), is made by and among Bowie Resources, LLC, a Delaware limited liability company (“Bowie”); Colorado Holding Company, Inc., a Delaware corporation (“CHC”); Bowie Resources Management Partner, LLC, a Nevada limited liability company (“BRMP”); and General Electric Capital Corporation, as agent for the lenders party to the Credit Agreement described below (the “Agent”) and as a Lender under the Credit Agreement. Capitalized terms used in this Waiver Agreement and not otherwise defined have the meanings set forth in the Credit Agreement, as modified hereby.