0000950103-09-000445 Sample Contracts

PATRIOT COAL CORPORATION and Wilmington Trust Company, Trustee FORM OF INDENTURE Dated as of __________, ____
Patriot Coal CORP • March 3rd, 2009 • Bituminous coal & lignite mining

THIS INDENTURE, dated as of [__________], 20[__] between PATRIOT COAL CORPORATION, a corporation organized under the laws of the State of Delaware (the “Issuer”), and Wilmington Trust Company (the “Trustee”),

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Patriot Coal Corporation Equity Underwriting Agreement Standard Provisions
Underwriting Agreement • March 3rd, 2009 • Patriot Coal CORP • Bituminous coal & lignite mining • New York

From time to time, Patriot Coal Corporation, a Delaware corporation (the “Company”), may enter into one or more underwriting agreements in the Form of Annex A hereto that incorporate by reference these Standard Provisions (collectively with these Standard Provisions, an “Underwriting Agreement”) and that provide for the sale of its Common Stock, par value $0.01 per share, (the “Underwritten Securities”) to the several Underwriters (the “Underwriters”) named in the Underwriting Agreement, for whom the Underwriter(s) named therein shall act as representative (the “Representative”). The Company also proposes to grant to the Underwriters an option to purchase up to the number of additional shares of Common Stock set forth in Schedule I to the Underwriting Agreement to cover over-allotments, if any (the “Option Securities”; the Option Securities, together with the Underwritten Securities, being hereinafter called the “Securities”). The Underwriting Agreement, including these Standard Provis

Patriot Coal Corporation Debt Underwriting Agreement Standard Provisions
Patriot Coal CORP • March 3rd, 2009 • Bituminous coal & lignite mining • New York

From time to time, Patriot Coal Corporation, a Delaware corporation (the “Company”), may enter into one or more underwriting agreements in the Form of Annex A hereto that incorporate by reference these Standard Provisions (collectively with these Standard Provisions, an “Underwriting Agreement”) and that provide for the sale of the securities designated in such Underwriting Agreement (the “Securities”) to the several Underwriters named therein (the “Underwriters”), for whom the Underwriter(s) named therein shall act as representative (the “Representative”). The Underwriting Agreement, including these Standard Provisions, is sometimes referred to herein as this “Agreement”. The Securities will be issued pursuant to an Indenture dated as of _______, 20__ (the “Indenture”) between the Company and Wilmington Trust Company, as trustee (the “Trustee”).

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