Executive Change-in-Control Severance Agreement for [Name of Executive] Walter Energy, Inc. Adopted: [ ]Walter Energy, Inc. • February 29th, 2012 • Bituminous coal & lignite mining
THIS EXECUTIVE CHANGE-IN-CONTROL SEVERANCE AGREEMENT is made and entered into this [ ] day of [ ], 201[ ], by and between Walter Energy, Inc. (the “Company”), a Delaware corporation, and [ ] (the “Executive”), and will be effective as of the date the Executive’s employment with the Company commences.
NON-QUALIFIED STOCK OPTION AGREEMENTNon-Qualified Stock Option Agreement • February 29th, 2012 • Walter Energy, Inc. • Bituminous coal & lignite mining • Delaware
THIS AGREEMENT (the “Agreement”), effective as of DATE (the “Grant Date”), is made by and between Walter Energy, Inc., a Delaware corporation (the “Company”), and Employee Name, an Employee of the Company (or one of its Subsidiaries, as defined herein), hereinafter referred to as the “Optionee”.
Indemnification AgreementIndemnification Agreement • February 29th, 2012 • Walter Energy, Inc. • Bituminous coal & lignite mining • Delaware
WHEREAS, it is essential to the Corporation to retain and attract as directors and officers the most capable persons available;
This document constitutes part of the prospectus covering securities that have been registered under the Securities Act of 1933. Walter Energy, Inc. Long-Term Incentive Award Plan Restricted Stock Unit Award Agreement (3-Year Cliff Retention Award)Agreement • February 29th, 2012 • Walter Energy, Inc. • Bituminous coal & lignite mining • Delaware
THIS AGREEMENT, effective as of the Date of Grant set forth below, represents a grant of restricted stock units (“RSUs”) by Walter Energy, Inc., a Delaware corporation (the “Company”), to the Participant named below, pursuant and subject to the provisions of the Amended and Restated 2002 Long-Term Incentive Award Plan of Walter Energy, Inc., as it may be amended from time to time (the “Plan”) and the additional terms set forth in this Agreement. The Participant has been selected to receive a grant of RSUs pursuant to the Plan, as specified below.
This document constitutes part of the prospectus covering securities that have been registered under the Securities Act of 1933.Award Agreement • February 29th, 2012 • Walter Energy, Inc. • Bituminous coal & lignite mining • Delaware
THIS AGREEMENT, effective as of the Date of Grant set forth below, represents a grant of restricted stock units (“RSUs”) by Walter Energy, Inc., a Delaware corporation (the “Company”), to the Independent Director of the Company, hereinafter referred to as the “Participant,” named below, pursuant to the provisions of the Amended and Restated 2002 Long-Term Incentive Award Plan of Walter Energy, Inc. (the “Plan”). You have been selected to receive a grant of RSUs pursuant to the Plan, as specified below.
STOCK OPTION PLAN OPTION AGREEMENTOption Agreement • February 29th, 2012 • Walter Energy, Inc. • Bituminous coal & lignite mining
This Option Agreement is entered into between Western Coal Corp. (the “Company”) and the Optionee named below pursuant to the Western Coal Stock Option Plan (the “Plan”), a copy of which is attached hereto, and confirms that:
Walter Energy, Inc. P.O. Box 20608 Tampa, Florida 33622-0608 www.walterenergy.comWaiver and General Release • February 29th, 2012 • Walter Energy, Inc. • Bituminous coal & lignite mining • Florida
This letter agreement summarizes our discussions regarding your commitment (the “Commitment”) to continue serving in your current position with Walter Energy, Inc. (“Walter”) through and including June 30, 2011 (the “Commitment Date”).
EXECUTION COPY February 28, 2012 Mr. Robert P. Kerley Madison, AL 35758 Dear Robert:Waiver and General Release • February 29th, 2012 • Walter Energy, Inc. • Bituminous coal & lignite mining
As you are aware, you entered into a letter agreement with Walter Energy, Inc. (the “Company”), dated August 31, 2010, outlining the terms and conditions of your employment with the Company (the “Prior Agreement”). Both you and the Company desire to amend the Prior Agreement in certain respects effective on and after the date hereof and to restate the Prior Agreement to read in its entirety as follows.
This document constitutes part of the prospectus covering securities that have been registered under the Securities Act of 1933. Walter Energy, Inc. Long-Term Incentive Award Plan Restricted Stock Unit Award AgreementRestricted Stock Unit Award Agreement • February 29th, 2012 • Walter Energy, Inc. • Bituminous coal & lignite mining • Delaware
THIS AGREEMENT, effective as of the Date of Grant set forth below, represents a grant of restricted stock units (“RSUs”) by Walter Energy, Inc., a Delaware corporation (the “Company”), to the Participant named below, pursuant and subject to the provisions of the Amended and Restated 2002 Long-Term Incentive Award Plan of Walter Energy, Inc., as it may be amended from time to time (the “Plan”), and the additional terms set forth in this Agreement. The Participant has been selected to receive a grant of RSUs pursuant to the Plan, as specified below.
NON-QUALIFIED STOCK OPTION AGREEMENTNon-Qualified Stock Option Agreement • February 29th, 2012 • Walter Energy, Inc. • Bituminous coal & lignite mining • Delaware
THIS AGREEMENT (the “Agreement”), dated April 20, 2011 (the “Grant Date”), is made by and between Walter Energy, Inc., a Delaware corporation (the “Company”) and <NAME>, an Independent Director of the Company (or one of its Subsidiaries, as defined herein), hereinafter referred to as the “Optionee”:
This document constitutes part of the prospectus covering securities that have been registered under the Securities Act of 1933. Walter Energy, Inc. Long-Term Incentive Award Plan Restricted Stock Unit Award Agreement (3-Year Cliff Retention Award)Agreement • February 29th, 2012 • Walter Energy, Inc. • Bituminous coal & lignite mining • Delaware
THIS AGREEMENT, effective as of the Date of Grant set forth below, represents a grant of restricted stock units (“RSUs”) by Walter Energy, Inc., a Delaware corporation (the “Company”), to the Participant named below, pursuant and subject to the provisions of the Amended and Restated 2002 Long-Term Incentive Award Plan of Walter Energy, Inc., as it may be amended from time to time (the “Plan”) and the additional terms set forth in this Agreement. The Participant has been selected to receive a grant of RSUs pursuant to the Plan, as specified below.
