0000950123-09-030396 Sample Contracts

SUPPLEMENTAL INDENTURE NO. 2
Alpha Natural Resources, Inc. • August 5th, 2009 • Bituminous coal & lignite surface mining • New York

SUPPLEMENTAL INDENTURE NO. 2, dated as of July 31, 2009 (this “Supplemental Indenture”), by and among the Company (as defined below) and UNION BANK, N.A. (formerly known as UNION BANK OF CALIFORNIA, N.A.), as trustee (the “Trustee”), under the Indenture dated as of April 7, 2008 (the “Base Indenture”), as supplemented by Supplemental Indenture No. 1, dated as of April 7, 2008 (“Supplemental Indenture No. 1”), between ALPHA NATURAL RESOURCES, INC., a Delaware corporation (“Alpha”), and the Trustee.

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THIRD SUPPLEMENTAL INDENTURE
Supplemental Indenture • August 5th, 2009 • Alpha Natural Resources, Inc. • Bituminous coal & lignite surface mining • New York

THIRD SUPPLEMENTAL INDENTURE, dated as of August 1, 2009 (this “Supplemental Indenture”), by and among FOUNDATION PA COAL COMPANY, LLC, a Delaware limited liability company (the “Company”), the Parent (as defined below), each Domestic Subsidiary of the Parent identified on Annex A hereto (each, a “New Subsidiary” and together with the Parent, the “New Guarantors” and each, a “New Guarantor”), and THE BANK OF NEW YORK MELLON (formerly known as The Bank of New York), as trustee (the “Trustee”), under the Indenture dated as of July 30, 2004 (as supplemented by the Supplemental Indenture dated as of September 6, 2005 and the Supplemental Indenture dated as of October 5, 2007, the “Indenture”), between the Company, the Guarantors and the Trustee.

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