CONSENT AND AGREEMENTConsent and Agreement • November 5th, 2012 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers • Texas
Contract Type FiledNovember 5th, 2012 Company Industry JurisdictionThis CONSENT AND AGREEMENT (this "Consent and Agreement") dated as of December 20, 2002 is entered into by and among MISSISSIPPI LIGNITE MINING COMPANY , a Texas joint venture between The North American Coal Corporation and its wholly owned subsidiary, Red Hills Property Company L.L.C. (the "Contracting Party"), CHOCTAW GENERATION LIMITED PARTNERSHIP , a limited partnership duly organized and validly existing under the laws of the State of Delaware (the "Project Company") , SE CHOCTAW , L.L.C., a limited liability company duly organized and validly existing under the laws of the State of Delaware, (the "Owner Lessor") , and CITIBANK , N.A., in its capacity as Lease Indenture Trustee under the Lease Indenture referred to below (together with its successors in such capacity, the "Lease Indenture Trustee").