0000037748-07-000017 Sample Contracts

CHANGE IN CONTROL SEVERANCE AGREEMENT
Change in Control Severance Agreement • November 16th, 2007 • Massey Energy Co • Bituminous coal & lignite surface mining • Delaware

THIS CHANGE IN CONTROL SEVERANCE AGREEMENT (this “Agreement”), originally effective as of [date] (the “Effective Date”), is made on ____ __, ______ between Massey Energy Company, a Delaware corporation (the “Company”), and [Executive] (the “Executive”).

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MASSEY ENERGY COMPANY Incentive Award Agreement (Based on Cumulative Earnings Before Interest, Taxes, Depreciation and Amortization)
Incentive Award Agreement • November 16th, 2007 • Massey Energy Co • Bituminous coal & lignite surface mining • Delaware

THIS AGREEMENT dated as of November 12, 2007, between MASSEY ENERGY COMPANY, a Delaware Corporation (the “Company”) and [________] (“Participant”) is made pursuant and subject to the provisions of the Massey Energy Company 2006 Stock and Incentive Compensation Plan, as amended from time to time (the “Plan”), a copy of which is attached. All terms used herein that are defined in the Plan have the same meaning given them in the Plan.

MASSEY ENERGY COMPANY Restricted Stock Award Agreement
Restricted Stock Award Agreement • November 16th, 2007 • Massey Energy Co • Bituminous coal & lignite surface mining • Delaware

THIS AGREEMENT dated as of November 12, 2007, between MASSEY ENERGY COMPANY, a Delaware Corporation (the “Company”) and [________] (“Participant”) is made pursuant and subject to the provisions of the Massey Energy Company 2006 Stock and Incentive Compensation Plan, as amended from time to time (the “Plan”), a copy of which is attached. All terms used herein that are defined in the Plan have the same meaning given them in the Plan.

MASSEY ENERGY COMPANY Non-Qualified Stock Option Agreement
Qualified Stock Option Agreement • November 16th, 2007 • Massey Energy Co • Bituminous coal & lignite surface mining • Delaware

THIS AGREEMENT dated as of November 12, 2007, between MASSEY ENERGY COMPANY, a Delaware Corporation (the “Company”) and [________] (“Participant”) is made pursuant and subject to the provisions of the Massey Energy Company 2006 Stock and Incentive Compensation Plan, as amended from time to time (the “Plan”), a copy of which is attached. All terms used herein that are defined in the Plan have the same meaning given them in the Plan.

MASSEY ENERGY COMPANY Restricted Unit Agreement
Restricted Unit Agreement • November 16th, 2007 • Massey Energy Co • Bituminous coal & lignite surface mining • Delaware

THIS AGREEMENT dated as of November 12, 2007, between MASSEY ENERGY COMPANY, a Delaware Corporation (the “Company”) and [________] (“Participant”) is made pursuant and subject to the provisions of the Massey Energy Company 2006 Stock and Incentive Compensation Plan, as amended from time to time (the “Plan”), a copy of which is attached. All terms used herein that are defined in the Plan have the same meaning given them in the Plan.

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