THIRD AMENDED AND RESTATED CREDIT AGREEMENT Dated as of September 15, 2006 among PEABODY ENERGY CORPORATION, as Borrower, BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer, BANC OF AMERICA SECURITIES LLC, and CITIGROUP...Credit Agreement • September 18th, 2006 • Peabody Energy Corp • Bituminous coal & lignite surface mining • New York
This THIRD AMENDED AND RESTATED CREDIT AGREEMENT (“Agreement”) is entered into as of September 15, 2006, among PEABODY ENERGY CORPORATION, a Delaware corporation (the “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer, and CITIBANK, N.A., as Syndication Agent, AMENDS AND RESTATES IN FULL the Second Amended and Restated Credit Agreement dated as of March 21, 2003, by and among the Borrower, Fleet Securities, Inc., Wachovia Securities, Inc. and Lehman Brothers Inc., each as arranger, Wachovia Bank, National Association and Lehman Commercial Paper Inc., each as syndication agent, Morgan Stanley Senior Funding, Inc. and U.S. Bank National Association, each as documentation agents and Fleet National Bank, as administrative agent for the Agents and the lenders party thereto on the Effective Date (the “Original Lenders”), as amended through the date
