0000950123-11-103440 Sample Contracts

EMPLOYMENT AGREEMENT
Employment Agreement • December 19th, 2011 • Armstrong Energy, Inc. • Bituminous coal & lignite surface mining • Missouri

This Employment Agreement (“Agreement”), effective as of the 1st day of October, 2011, by and between Armstrong Energy, Inc. (“Employer”), 7733 Forsyth Boulevard, Suite 1625, St. Louis, Missouri 63105 and J. Richard Gist (“Gist”), 1310 Christmas Valley Drive, Wildwood, Missouri 63005.

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COAL MINING LEASE
Coal Mining Lease • December 19th, 2011 • Armstrong Energy, Inc. • Bituminous coal & lignite surface mining • Kentucky

THIS COAL MINING LEASE (the “Lease”), made this 27th day of October, 2010, (the “Effective Date”) between Alcoa Fuels, Inc., an Indiana corporation of 4700 Darlington Road, Newburgh, Indiana 47630 (“Lessor”), and Armstrong Coal Company, Inc., a Delaware corporation, with an address of 407 Brown Road, Madisonville, Kentucky 42431 (“Lessee”).

FIRST AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • December 19th, 2011 • Armstrong Energy, Inc. • Bituminous coal & lignite surface mining • New York

THIS FIRST AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is dated as of July 1, 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”).

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 • December 19th, 2011 • Armstrong Energy, Inc. • Bituminous coal & lignite surface mining • Kentucky

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

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