JAMES RIVER COAL COMPANY and U.S. BANK NATIONAL ASSOCIATION as TrusteeIndenture • November 25th, 2009 • James River Coal CO • Bituminous coal & lignite surface mining • New York
INDENTURE, dated as of November 20, 2009, between James River Coal Company, a Virginia corporation (the “Company”), and U.S. Bank National Association, a banking association organized under the laws of the United States, as trustee (the “Trustee”).
FIFTH AMENDMENT TO TERM CREDIT AGREEMENTTerm Credit Agreement • November 25th, 2009 • James River Coal CO • Bituminous coal & lignite surface mining • New York
WHEREAS, it is a condition to the effectiveness of the Amendment and to the Administrative Agent’s agreement to the foregoing that, among other things, the Credit Parties execute and deliver this Agreement and deposit cash in the Account (as defined below) on the date hereof in an amount equal to the Fifth Amendment Date Cash Collateral Amount and otherwise satisfy all the conditions precedent set forth in the Amendment; and
