Common Contracts
4 similar Transaction Support Agreement contracts by Foresight Energy LP
EX-10.1 2 felp-ex101_15.htm EX-10.1 EXECUTION VERSION TRANSACTION SUPPORT AGREEMENTTransaction Support Agreement • May 5th, 2020 • New York
This TRANSACTION SUPPORT AGREEMENT (together with all exhibits, schedules and attachments hereto, as amended, supplemented, or otherwise modified from time to time in accordance with the terms hereof, this “Agreement”) is made and entered into as of May 17, 2016 by and among (i) Foresight Energy GP LLC, a Delaware limited liability company (“FEGP”), (ii) Foresight Energy LLC, a Delaware limited liability company, and Foresight Energy Finance Corporation, a Delaware corporation (collectively, the “Issuers”), certain subsidiaries of the Issuers, and Foresight Energy LP, a Delaware limited partnership (“FELP” and together with the Issuers, and their subsidiaries, the “Partnership”), (iii) each of the undersigned holders (or investment managers or advisors for any of the holders) of the Notes (as defined below) (together with their successors and permitted assigns, each, a “Consenting Noteholder” and, collectively, the “Consenting Noteholders”). The Partnership, FEGP and the Consenting Not
AMENDED AND RESTATED TRANSACTION SUPPORT AGREEMENTTransaction Support Agreement • July 25th, 2016 • Foresight Energy LP • Bituminous coal & lignite mining • New York
This AMENDED AND RESTATED TRANSACTION SUPPORT AGREEMENT (together with all exhibits, schedules and attachments hereto, as amended, supplemented, or otherwise modified from time to time in accordance with the terms hereof, this “Agreement”) is made and entered into as of July 22, 2016 by and among (i) Foresight Energy GP LLC, a Delaware limited liability company (“FEGP”); (ii) Foresight Energy LLC, a Delaware limited liability company, and Foresight Energy Finance Corporation, a Delaware corporation (collectively, the “Issuers”), certain subsidiaries of the Issuers, and Foresight Energy LP, a Delaware limited partnership (“FELP” and together with the Issuers and their subsidiaries, the “Partnership”); (iii) each of the undersigned holders (or investment managers or advisors for any of the holders) of the Notes (as defined below) (together with their successors and permitted assigns, each, a “Consenting Noteholder” and, collectively, the “Consenting Noteholders”); (iv) Foresight Reserves
AMENDED AND RESTATED TRANSACTION SUPPORT AGREEMENTTransaction Support Agreement • July 25th, 2016 • Foresight Energy LP • Bituminous coal & lignite mining • New York
This AMENDED AND RESTATED TRANSACTION SUPPORT AGREEMENT (as amended from time to time, this “Agreement”) is made and entered into as of July 22, 2016 by and among (i) Foresight Energy LLC, a Delaware limited liability company (“Borrower”), certain subsidiaries of Borrower, and Foresight Energy LP, a Delaware limited partnership (collectively, the “Partnership”) and (ii) each of the banks and financial institutions from time to time party hereto (each a “Consenting Lender”, collectively, the “Consenting Lenders” (except that “Consenting Lenders” shall not include any claim held by a Consenting Lender in a fiduciary capacity or held by any other distinct business unit of such Lender other than the business unit expressly identified on the signature pages hereto unless such business unit is or becomes a party to this Agreement)) (iii) Foresight Reserves LP (“Reserves”), Mr. Christopher Cline (“Cline”), Cline Resources and Development Company (“Cline R&D”), Mr. Michael J. Beyer (“Beyer”),
TRANSACTION SUPPORT AGREEMENTTransaction Support Agreement • May 23rd, 2016 • Foresight Energy LP • Bituminous coal & lignite mining • New York
provided that (a) the Applicable Rate will be determined as of the last day of the immediately preceding fiscal quarter, (b) the Applicable Rate determined for any Adjustment Date (including the first Adjustment Date) shall remain in effect until a subsequent Adjustment Date for which the Consolidated Net Leverage Ratio falls within a different level, and (c) if the financial statements and related Compliance Certificate for any fiscal period are not delivered by the date due pursuant to Sections 6.01 and 6.02, the Applicable Rate shall be set at Level V until the date of delivery of such financial statements and Compliance Certificate, after which the Applicable Rate shall be based on the Consolidated Net Leverage Ratio set forth in such Compliance Certificate.
