0000950137-09-003785 Sample Contracts

FIRST AMENDMENT TO MEMBERSHIP INTEREST PURCHASE AGREEMENT
Membership Interest Purchase Agreement • May 8th, 2009 • Arch Coal Inc • Bituminous coal & lignite surface mining • Colorado

THIS FIRST AMENDMENT to the Membership Interest Purchase Agreement dated as of March 8, 2009 (the “Purchase Agreement”), by and between Rio Tinto Sage LLC, a Delaware limited liability company (“Seller”), and Arch Coal, Inc., a Delaware corporation (“Buyer”), is made and entered into between Seller and Buyer (each a “Party” and collectively, the “Parties”), as of this 6th day of April 2009 (the “First Amendment”).

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FOURTH AMENDMENT TO RECEIVABLES PURCHASE AGREEMENT
Receivables Purchase Agreement • May 8th, 2009 • Arch Coal Inc • Bituminous coal & lignite surface mining • New York

THIS FOURTH AMENDMENT TO RECEIVABLES PURCHASE AGREEMENT (this “Amendment”), dated as of March 31, 2009, is entered into among ARCH RECEIVABLE COMPANY, LLC (the “Seller”), ARCH COAL SALES COMPANY, INC. (the “Servicer”), MARKET STREET FUNDING LLC (the “Issuer”), the various 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”).

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