SUPPLEMENTAL INDENTURE NO. 2Supplemental Indenture • November 1st, 2013 • CONSOL Energy Inc • Bituminous coal & lignite surface mining • New York
This SUPPLEMENTAL INDENTURE No. 2 (this "Supplemental Indenture"), dated as of September 10, 2013, among Panda Bamboo Holdings, Inc., a Delaware corporation ("PBH"), Paros Corp., a Delaware corporation ("Paros" and, together with PBH, the "New Subsidiary Guarantors"), each a subsidiary of CONSOL Energy Inc. (or its successor) (the "Company"), CONSOL ENERGY INC., a Delaware corporation, on behalf of itself and the Subsidiary Guarantors (the "Existing Subsidiary Guarantors") under the Indenture referred to below, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as successor trustee to The Bank of Nova Scotia Trust Company of New York, under the indenture referred to below (the "Trustee").
ContractResignation and Appointment Agreement • November 1st, 2013 • CONSOL Energy Inc • Bituminous coal & lignite surface mining • New York
AGREEMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE (the “Agreement”), dated as of July 22, 2013 by and among CONSOL Energy Inc., a corporation duly organized and existing under the laws of the State of Delaware and having its principal office at 1000 CONSOL Energy Drive, CNX Center, Cononsburg, PA 15317 (the “Company”), certain of the Company’s subsidiaries signatory hereto (each a “Subsidiary Guarantor”),Wells Fargo Bank, National Association, a national banking association validly existing and in good standing under the laws of the United States and having a corporate trust office at 150 East 42nd Street, 40th Floor, New York, NY 10017 (“Successor Trustee”) and The Bank of Nova Scotia Trust Company of New York, a banking association duly organized and existing under the laws of the State of New York and having a corporate trust office at One Liberty Plaza, 23rd Floor, New York, New York 10006 (“Resigning Trustee”).
NINTH AMENDMENT TO AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENTReceivables Purchase Agreement • November 1st, 2013 • CONSOL Energy Inc • Bituminous coal & lignite surface mining • New York
THIS NINTH AMENDMENT TO AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT (this “Amendment”), dated as of September 23, 2013, is entered into among CNX FUNDING CORPORATION, (the “Seller”), CONSOL ENERGY INC. (“CONSOL Energy”), as the initial Servicer (in such capacity, the “Servicer”), the various Sub-Servicers listed on the signature pages hereto, the Conduit Purchasers listed on the signature pages hereto, the Purchaser Agents listed on the signature pages hereto, the LC Participants listed on the signature pages hereto, MARKET STREET FUNDING LLC (“Market Street”), as Assignor (as defined below) and PNC BANK, NATIONAL ASSOCIATION (“PNC”), as Administrator (in such capacity, the “Administrator”), as LC Bank (in such capacity, the “LC Bank”) and as Assignee (as defined below).
