PEABODY ENERGY CORPORATION Issuer and U.S. BANK NATIONAL ASSOCIATION Trustee SUBORDINATED INDENTURE Dated as of December 20, 2006Subordinated Indenture • December 20th, 2006 • Peabody Energy Corp • Bituminous coal & lignite surface mining • New York
INDENTURE, dated as of December 20, 2006 between Peabody Energy Corporation, a Delaware corporation (hereinafter called the “Company”), and U.S. Bank National Association, as Trustee (the “Trustee”).
FIRST SUPPLEMENTAL INDENTURE BETWEEN PEABODY ENERGY CORPORATION AND U.S. BANK NATIONAL ASSOCIATION DATED AS OF DECEMBER 20, 2006 4.75% CONVERTIBLE JUNIOR SUBORDINATED DEBENTURES DUE 2066First Supplemental Indenture • December 20th, 2006 • Peabody Energy Corp • Bituminous coal & lignite surface mining • New York
FIRST SUPPLEMENTAL INDENTURE, dated as of December 20, 2006 (this “First Supplemental Indenture”), between PEABODY ENERGY CORPORATION, a Delaware corporation (the “Company”) and U.S. BANK NATIONAL ASSOCIATION, as Trustee (the “Trustee”), supplementing the Subordinated Indenture, dated as of December 20, 2006, between the Company and the Trustee (the “Base Indenture,” together with this First Supplemental Indenture, the “Indenture”).
RecitalsCapital Replacement Covenant • December 20th, 2006 • Peabody Energy Corp • Bituminous coal & lignite surface mining
PEABODY ENERGY CORPORATION $675,000,000 4.75% Convertible Junior Subordinated Debentures UNDERWRITING AGREEMENTUnderwriting Agreement • December 20th, 2006 • Peabody Energy Corp • Bituminous coal & lignite surface mining • New York
Peabody Energy Corporation, a Delaware corporation (the “Company”), proposes to issue and sell to the underwriters named in Schedule II hereto (the “Underwriters”) $675,000,000 aggregate principal amount of its 4.75% Convertible Junior Subordinated Debentures due 2066 (the “Firm Debentures”) pursuant to the terms of a subordinated indenture, to be dated as of December 20, 2006 (the “Base Indenture”), between the Company and U.S. Bank National Association, as trustee (the “Trustee”), as supplemented by a supplemental indenture, to be dated as of December 20, 2006 (the “Supplemental Indenture” and, together with the Base Indenture, the “Indenture”), between the Company and U.S. Bank National Association, as Trustee, relating to the Debentures (as defined below).
