EMPLOYMENT AGREEMENTEmployment Agreement • October 12th, 2011 • Armstrong Energy, Inc. • Missouri
This Employment Agreement (the “Agreement”) is made as of the 1st day of October, 2011 by and between Armstrong Energy, Inc. (the “Company”) with offices at 7733 Forsyth Boulevard, Suite 1625, St. Louis, Missouri 63105; and J. Hord Armstrong, III (the “Executive”) of 748 Cella Road, St. Louis, Missouri 63124.
ARMSTRONG LAND COMPANY, LLC RESTRICTED UNIT AWARD AGREEMENTRestricted Unit Award Agreement • October 12th, 2011 • Armstrong Energy, Inc. • Delaware
This Restricted Unit Award Agreement (the “Agreement”) is made this 1st day of June, 2011 (the “Effective Date”), between ARMSTRONG LAND COMPANY, LLC, a Delaware limited liability company (the “Company”), and David Cobb, an employee of the Company (“Employee”).
INDEMNIFICATION AGREEMENTIndemnification Agreement • October 12th, 2011 • Armstrong Energy, Inc. • Delaware
This Indemnification Agreement (“Agreement”) is entered into as of the _____ day of ___________, 2011, by and between Armstrong Energy, Inc., a Delaware corporation (the “Corporation”) and ______________________ (“Indemnitee”), a member of the board of directors (“Board”) of the Corporation.
UNIT REPURCHASE AGREEMENTUnit Repurchase Agreement • October 12th, 2011 • Armstrong Energy, Inc. • Delaware
This Unit Repurchase Agreement (this “Agreement”) is made and entered into as of the 30th day of September, 2011, by and between Armstrong Land Company, LLC, a Delaware limited liability company (the “Company”), and J. Hord Armstrong III, an individual residing in the State of Missouri (“Management Owner”), and is joined in by Members holding at least a Supermajority Interest for the limited purpose of consenting to the transactions contemplated hereby pursuant to Section 9.1 of the LLC Agreement (defined below). Capitalized terms used herein and not otherwise defined shall have those meanings assigned to them in the LLC Agreement.
AMENDED OVERRIDING ROYALTY AGREEMENTOverriding Royalty Agreement • October 12th, 2011 • Armstrong Energy, Inc. • Kentucky
This Amended Overriding Royalty Agreement (this “Agreement”) is made and entered into as of the 3rd day of December, 2008, by and among Western Land Company, LLC (“Western Land”), a Kentucky limited liability company, Western Diamond, LLC (“Western Diamond”), a Nevada limited liability company, Ceralvo Holdings, LLC (“Ceralvo”), a Delaware limited liability company, Armstrong Mining, Inc. (“Armstrong Mining”), a Delaware corporation, Armstrong Coal Company, Inc., a Delaware corporation (“Armstrong Coal”), Armstrong Land Company, LLC (“Armstrong Land”), a Delaware limited liability company (together, with each of the foregoing and their respective successors and assigns, the “Armstrong Parties”), and Mr. Kenneth E. Allen (“Allen”), 6100 White Plains Road, White Plains, Kentucky 42464 (collectively, the “Parties).
EMPLOYMENT AGREEMENTEmployment Agreement • October 12th, 2011 • Armstrong Energy, Inc. • Missouri
THIS EMPLOYMENT AGREEMENT (“Agreement”) is entered into this 19th day of January, 2007 by and between Armstrong Coal Co. (“ACC”) 7701 Forsyth, Suite 1000, St. Louis, Mo. 63105 and David R. Cobb (“Cobb”) 3575 Brown Road, Madisonville, Ky. 42431.
50,000,000 REVOLVING CREDIT FACILITY $100,000,000 TERM LOAN CREDIT AGREEMENT by and among ARMSTRONG COAL COMPANY, INC., ARMSTRONG LAND COMPANY, LLC, WESTERN MINERAL DEVELOPMENT, LLC WESTERN DIAMOND LLC WESTERN LAND COMPANY, LLC ELK CREEK L.P., as...Credit Agreement • October 12th, 2011 • Armstrong Energy, Inc.
THIS CREDIT AGREEMENT (as hereafter amended, the “Agreement”) is dated as of February 9, 2011 and is made by and among ARMSTRONG COAL COMPANY, INC., a Delaware corporation, ARMSTRONG LAND COMPANY, LLC, a Delaware limited liability company, WESTERN MINERAL DEVELOPMENT, LLC, a Delaware limited liability company, WESTERN DIAMOND LLC, a Nevada limited liability company, WESTERN LAND COMPANY, LLC, a Kentucky limited liability company, and ELK CREEK, L.P., a Delaware limited partnership (each a “Borrower” and collectively, the “Borrowers”), each of the GUARANTORS (as hereinafter defined), the LENDERS (as hereinafter defined), THE HUNTINGTON NATIONAL BANK, in its capacity as syndication agent for the Lenders under this Agreement, UNION BANK, N.A., in its capacity as documentation agent for the Lenders under this Agreement, and PNC BANK, NATIONAL ASSOCIATION, in its capacity as administrative agent for the Lenders under this Agreement (hereinafter referred to in such capacity as the “Administr
AMENDED OVERRIDING ROYALTY AGREEMENTOverriding Royalty Agreement • October 12th, 2011 • Armstrong Energy, Inc. • Kentucky
This Amended Overriding Royalty Agreement (this “Agreement”) is made and entered into as of the 3rd day of December, 2008, by and among Western LAND Company, LLC (“Western Land”), a Kentucky limited liability company, Western Diamond, LLC (“Western Diamond”), a Nevada limited liability company, Ceralvo Holdings, LLC (“Ceralvo”), a Delaware limited liability company, Armstrong Mining, Inc. (“Armstrong Mining”), a Delaware corporation, Armstrong Coal Company, Inc., a Delaware corporation (“Armstrong Coal”), Armstrong Land Company, LLC (“Armstrong Land”), a Delaware limited liability company (together, with each of the foregoing and their respective successors and assigns, the “Armstrong Parties”), and Mr. David R. Cobb (“Cobb”), 3575 Brown Road, Madisonville, Kentucky 42431 (collectively, the “Parties).
SECOND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • October 12th, 2011 • Armstrong Energy, Inc. • New York
THIS SECOND AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is dated as of September 29, 2011, and is made by and among ARMSTRONG COAL COMPANY, INC., a Delaware corporation, ARMSTRONG LAND COMPANY, LLC, a Delaware limited liability company, WESTERN MINERAL DEVELOPMENT, LLC, a Delaware limited liability company, WESTERN DIAMOND LLC, a Nevada limited liability company, WESTERN LAND COMPANY, LLC, a Kentucky limited liability company, and ELK CREEK, L.P., a Delaware limited partnership (each a “Borrower” and collectively, the “Borrowers”), the GUARANTORS PARTY HERETO (individually a “Guarantor” and collectively, the “Guarantors”, and together with the Borrowers, the “Loan Parties”), the FINANCIAL INSTITUTIONS PARTY HERETO (individually a “Lender” and collectively, the “Lenders”) and PNC BANK, NATIONAL ASSOCIATION, in its capacity as administrative agent for the Lenders (the “Administrative Agent”).
