0001017951-08-000268 Sample Contracts

FIRST SUPPLEMENTAL INDENTURE
First Supplemental Indenture • October 1st, 2008 • Evergreen Energy Inc • Bituminous coal & lignite surface mining • New York

This FIRST SUPPLEMENTAL INDENTURE, dated as of September 30, 2008 (this “Supplemental Indenture”), is entered into by and among EVERGREEN ENERGY INC., a Delaware corporation (the “Company”), each of the Guarantors party hereto (the “Guarantors”), and U.S. BANK NATIONAL ASSOCIATION, as trustee (the “Trustee”).

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