REGISTRATION RIGHTS AGREEMENT Concerning FOUNDATION COAL HOLDINGS, INC.Registration Rights Agreement • January 14th, 2005 • First Reserve Gp Ix Inc • Bituminous coal & lignite surface mining • Delaware
REGISTRATION RIGHTS AGREEMENT (the “Agreement”) dated as of August 17, 2004, by and between Foundation Coal Holdings, Inc., a Delaware corporation (the “Company”), the Sponsor Stockholders (as hereinafter defined), the Investor Stockholders (as hereinafter defined) and the Management Stockholders (as hereinafter defined) and any other Person that shall from and after the date hereof acquire or otherwise be the transferee of any Registrable Securities and who shall be a Permitted Transferee (as hereinafter defined) of any Stockholder (herein referred to collectively as the “Holders” and individually as a “Holder”).
AMENDED AND RESTATED LETTER AGREEMENTLetter Agreement • January 14th, 2005 • First Reserve Gp Ix Inc • Bituminous coal & lignite surface mining • Delaware
AMENDED AND RESTATED LETTER AGREEMENT (this “Agreement”) dated as of September 28, 2004 by and among Blackstone FCH Capital Partners IV L.P., Blackstone Family Investment Partnership IV-A L.P., First Reserve Fund IX, L.P. (collectively, the “Sponsors”) and Foundation Coal Holdings, Inc. (the “Company” and, together with the Sponsors, the “Parties”).
FIRST RESERVE LETTERHEAD)Stockholders Agreement • January 14th, 2005 • First Reserve Gp Ix Inc • Bituminous coal & lignite surface mining
We refer you to that certain Stockholders Agreement (the “Stockholders Agreement”) related to the shares of common stock of Foundation Coal Holdings, Inc., a Delaware corporation (f/k/a FC 1 Corp.) (the “Company”) dated as of August 17, 2004, among the Stockholders named therein. Capitalized terms not otherwise defined in this letter agreement have the meanings given them in the Stockholders Agreement.
JOINT FILING AGREEMENTJoint Filing Agreement • January 14th, 2005 • First Reserve Gp Ix Inc • Bituminous coal & lignite surface mining
We, the signatories of the statement on Schedule 13D filed with respect to the shares of Common Stock of Foundation Coal Holdings, Inc., to which this Agreement is attached, hereby agree this 14 day of January, 2005, that such statement is, and any amendments thereto filed by any of us will be, filed on behalf of each of us pursuant to and in accordance with the provisions of Rule 13d-1(k) of the Securities Exchange Act of 1934.
