ASSET PURCHASE AGREEMENT AMONG ROSEBUD MINING COMPANY, ("Buyer") BUCKEYE INDUSTRIAL MINING CO. ("Company") AND EVERGREEN ENERGY INC. ("Parent") March 12, 2010Asset Purchase Agreement • March 31st, 2010 • Evergreen Energy Inc • Bituminous coal & lignite surface mining • Ohio
THIS ASSET PURCHASE AGREEMENT (this "Agreement") is entered into as of the 12th day of March, 2010, among Rosebud Mining Company, a Pennsylvania corporation ("Buyer"), Evergreen Energy Inc., a Delaware corporation ("Parent"), and Buckeye Industrial Mining Co., an Ohio corporation (the "Company," and together with Parent, collectively, "Sellers," and each individually, a "Seller").
SECOND AMENDMENT AND FORBEARANCE AGREEMENTSecond Amendment and Forbearance Agreement • March 31st, 2010 • Evergreen Energy Inc • Bituminous coal & lignite surface mining • New York
This Second Amendment and Forbearance Agreement (this "Agreement") is made as of the 12th day of January, 2010 among Evergreen Energy Inc. ("Evergreen"), Evergreen Operations, LLC ("Evergreen Op") and Buckeye Industrial Mining Co. ("Buckeye," together with Evergreen and Evergreen Op, the "Companies" and each individually referred to as a "Company"), Centurion Credit Funding LLC ("Centurion") and Level 3 Capital Fund LP ("Level 3", and together with Centurion, the "Investors").
ESCROW AGREEMENTEscrow Agreement • March 31st, 2010 • Evergreen Energy Inc • Bituminous coal & lignite surface mining • Ohio
THIS ESCROW AGREEMENT ("Escrow Agreement") is entered into as of the 12th day of March, 2010, among Rosebud Mining Company, a Pennsylvania corporation ("Buyer"), Buckeye Industrial Mining Co., an Ohio corporation (the "Company"), Evergreen Energy Inc., a Delaware corporation ("Parent" and together with Company, collectively, "Sellers"), and KeyBank, N.A., a national banking association (the "Escrow Agent"). Any capitalized term used but not defined herein shall have the meaning ascribed to it in the Purchase Agreement (as defined below).
AMENDMENT NO. 1 TO ASSET PURCHASE AGREEMENTAsset Purchase Agreement • March 31st, 2010 • Evergreen Energy Inc • Bituminous coal & lignite surface mining • Ohio
This Amendment to the Asset Purchase Agreement (this "Amendment") is entered into among Rosebud Mining Company, a Pennsylvania corporation ("Buyer"), Evergreen Energy Inc., a Delaware corporation ("Parent"), and Buckeye Industrial Mining Co., an Ohio corporation (the "Company," and together with Parent, collectively, "Sellers," and each individually, a "Seller"), as of the 29th day of March, 2010.
