FOURTH SUPPLEMENTAL INDENTURE GOVERNING 8.750% SENIOR NOTES DUE 2016 OF ARCH COAL, INC.Fourth Supplemental Indenture • March 1st, 2011 • Arch Coal Inc • Bituminous coal & lignite surface mining
This FOURTH SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), dated as of December 16, 2010, among Arch Coal West, LLC, a Delaware limited liability company (the “Guaranteeing Subsidiary”), Arch Coal, Inc., a Delaware corporation (the “Company”), the other Guarantors (as defined in the Indenture referred to below) and U.S. Bank National Association, as trustee under the Indenture referred to below (the “Trustee”).
INDEMNITY AGREEMENTIndemnity Agreement • March 1st, 2011 • Arch Coal Inc • Bituminous coal & lignite surface mining • Delaware
INDEMNITY AGREEMENT, dated as of _____, _____, by and among Arch Coal, Inc., a Delaware corporation (the “Company” or the “Indemnitor”), and ________________ (the “Indemnitee”).
SIXTH AMENDMENT TO CREDIT AGREEMENT AND AMENDMENT TO PLEDGE AGREEMENT (GUARANTORS)Credit Agreement • March 1st, 2011 • Arch Coal Inc • Bituminous coal & lignite surface mining • Pennsylvania
THIS SIXTH AMENDMENT TO CREDIT AGREEMENT AND AMENDMENT TO PLEDGE AGREEMENT (GUARANTORS) (the “Amendment”), dated as of November 24, 2010, is made by and among ARCH COAL, INC., a Delaware corporation (the “Borrower”), the GUARANTORS (as defined in the Credit Agreement), the BANKS party to the Credit Agreement (as hereinafter defined), CITICORP USA, INC., JPMORGAN CHASE BANK, N.A. and WACHOVIA BANK, NATIONAL ASSOCIATION, each in its capacity as co-syndication agent, and BANK OF AMERICA, N.A. (successor by merger to FLEET NATIONAL BANK), as documentation agent, and PNC BANK, NATIONAL ASSOCIATION, in its capacity as administrative agent for the Banks.
FIRST AMENDMENT TO AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENTReceivables Purchase Agreement • March 1st, 2011 • Arch Coal Inc • Bituminous coal & lignite surface mining • New York
THIS FIRST AMENDMENT TO AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT (this “Amendment”), dated as of January 31, 2011, is entered into among ARCH RECEIVABLE COMPANY, LLC (the “Seller”), ARCH COAL SALES COMPANY, INC. (the “Servicer”), the various financial institutions party to the Agreement (as defined below) as Conduit Purchasers (the “Conduit Purchasers”), as Related Committed Purchasers (the “Related Committed Purchasers”), as LC Participants (the “LC Participants”), and as Purchaser Agents (the “Purchaser Agents”), and PNC BANK, NATIONAL ASSOCIATION (“PNC”), as Administrator (the “Administrator”) and as LC Bank (the “LC Bank”; together with the Conduit Purchasers, the Related Committed Purchasers and the LC Participants, the “Purchasers”).
SECOND SUPPLEMENTAL INDENTURE GOVERNING 7 1/4% SENIOR NOTES DUE 2020 OF ARCH COAL, INC.Supplemental Indenture • March 1st, 2011 • Arch Coal Inc • Bituminous coal & lignite surface mining • New York
This SECOND SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), dated as of December 16, 2010, among Arch Coal West, LLC, a Delaware limited liability company (the “Guaranteeing Subsidiary”), Arch Coal, Inc., a Delaware corporation (the “Company”), the other Guarantors (as defined in the Indenture referred to below) and U.S. Bank National Association, as trustee under the Indenture referred to below (the “Trustee”).
