TARGET PRICE ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT between PRAIRIE STATE GENERATING COMPANY, LLC PSGC and BECHTEL POWER CORPORATION ContractorProcurement and Construction Agreement • August 8th, 2007 • Peabody Energy Corp • Bituminous coal & lignite surface mining
THIS TARGET PRICE ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT, is entered into as of the 19th day of June 2007 (the “Effective Date”), by and between Prairie State Generating Company, LLC, a Delaware limited liability company, for itself and, effective on and from the Commencement Date, as agent for Owners (hereinafter defined) (“PSGC”) and Bechtel Power Corporation, a Nevada corporation. PSGC and Contractor are sometimes individually referred to herein as a “Party” and, collectively, as the “Parties.”
SECOND AMENDMENT TO AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENTReceivables Purchase Agreement • August 8th, 2007 • Peabody Energy Corp • Bituminous coal & lignite surface mining • Illinois
THIS SECOND AMENDMENT TO AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT (this “Amendment”), dated as of May 15, 2007, is entered into among P&L RECEIVABLES COMPANY, LLC, (the “Seller”), PEABODY ENERGY CORPORATION, (the “Servicer”), the various Sub-Servicers listed on the signature pages hereto (the “Sub-Servicers”), Market Street Funding LLC (as successor to Market Street Funding Corporation, the “Issuer”), the financial institutions party to the Agreement (as defined below) as LC Participants (the “LC Participants”), and PNC BANK, NATIONAL ASSOCIATION, as Administrator (the “Administrator”) and as LC Bank (the “LC Bank”).
