FORM OF SEPARATION AGREEMENT, PLAN OF REORGANIZATION AND DISTRIBUTION by and between PEABODY ENERGY CORPORATION and PATRIOT COAL CORPORATION Dated as of __, 2007Separation Agreement • September 17th, 2007 • Patriot Coal CORP • Bituminous coal & lignite mining • Missouri
SEPARATION AGREEMENT, PLAN OF REORGANIZATION AND DISTRIBUTION (this “Agreement”), dated as of ___ ___, 2007, by and between Peabody Energy Corporation, a Delaware corporation (“PEC”) and Patriot Coal Corporation, a Delaware corporation (“Patriot” and together with PEC, the “Parties”, and each individually, a “Party”).
FORM OF INDEMNIFICATION AGREEMENTForm of Indemnification Agreement • September 17th, 2007 • Patriot Coal CORP • Bituminous coal & lignite mining • Delaware
This Indemnification Agreement, dated as of , 2007, is made by and between PATRIOT COAL CORPORATION, a Delaware corporation (the “Corporation”) and (the “Indemnitee”).
FORM OF RIGHTS AGREEMENT PATRIOT COAL CORPORATION and AMERICAN STOCK TRANSFER & TRUST COMPANY, as Rights Agent Dated as of , 2007Form of Rights Agreement • September 17th, 2007 • Patriot Coal CORP • Bituminous coal & lignite mining • Delaware
This RIGHTS AGREEMENT, dated as of , 2007 (this “Agreement”), is entered into by and between Patriot Coal Corporation, a Delaware corporation (the “Company”), and American Stock Transfer & Trust Company, a New York chartered bank, as rights agent (the “Rights Agent”).
FORM OF COAL SUPPLY AGREEMENTSupply Agreement • September 17th, 2007 • Patriot Coal CORP • Bituminous coal & lignite mining
This Coal Supply Agreement (this “Agreement”) is made and entered into as of [Spinoff Date] (the “Effective Date”) by and between COALSALES, LLC, a Delaware limited liability company (“COALSALES”), and PATRIOT COAL SALES LLC, a Delaware limited liability company (“Patriot”).
FORM OF CONVEYANCE AND ASSUMPTION AGREEMENTForm of Conveyance and Assumption Agreement • September 17th, 2007 • Patriot Coal CORP • Bituminous coal & lignite mining
This Conveyance and Assumption Agreement (this “Agreement”) is entered into by and among PEC Equipment Company, LLC, a Delaware limited liability company (“PEC”), Central States Coal Reserves of Indiana, LLC, a Delaware limited liability company (“Central States Indiana”), Central States Coal Reserves of Illinois, LLC, a Delaware limited liability company (“Central States Illinois”) ”), and Cyprus Creek Land Company, a Delaware corporation (“Cyprus Creek”), (collectively “Central States”), and Peabody Coal Company, LLC, a Delaware limited liability company (“PCC”), and is made effective as of ___ ___, 2007 (the “Effective Date”).
FORM OF THROUGHPUT AND STORAGE AGREEMENTForm of Throughput and Storage Agreement • September 17th, 2007 • Patriot Coal CORP • Bituminous coal & lignite mining • Virginia
This Throughput and Storage Agreement (this “Agreement”) is made effective this ___day of ___, 2007 (the “Commencement Date”) by and among PEABODY TERMINALS, LLC, JAMES RIVER COAL TERMINAL, LLC (James River Coal Terminal, LLC and Peabody Terminals, LLC being collectively referred to herein as “Peabody”) and PATRIOT COAL SALES LLC (“Patriot”).
