EXECUTION VERSION DOC ID - 27553501.5 AGREEMENT AND PLAN OF MERGER dated as of FEBRUARY 23, 2018 by and among MURRAY KENTUCKY ENERGY, INC., WESTERN KENTUCKY MERGER SUB, LLC, WESTERN KENTUCKY COAL RESOURCES, LLC and MURRAY SOUTH AMERICA, INC. (solely...Merger Agreement • May 5th, 2020 • Delaware
Contract Type FiledMay 5th, 2020 JurisdictionThis Agreement and Plan of Merger (this “Agreement”), dated as of February 23, 2018, is made and entered into by and among Murray Kentucky Energy, Inc., a Kentucky Corporation (“Purchaser”); Western Kentucky Merger Sub, LLC, a Delaware limited liability company and wholly owned subsidiary of Purchaser ( “Merger Sub”); Western Kentucky Coal Resources, LLC, a Delaware limited liability company (the “Company”); and, solely with respect to Section 4.11, Murray South America, Inc., a Delaware corporation (“MSAI”). Purchaser, Merger Sub and the Company are sometimes referred to herein, collectively, as the “Parties” and each, individually, as a “Party”.