Amendment Number 1 to EMPLOYMENT AGREEMENTEmployment Agreement • November 15th, 2005 • Foundation Coal Holdings, Inc. • Bituminous coal & lignite surface mining
THIS AMENDMENT, is made effective as of November 1, 2005, between Foundation Coal Corporation (the “Company”) and John R. Tellmann (the “Participant”).
ContractSupplement to Guarantee and Collateral Agreement • November 15th, 2005 • Foundation Coal Holdings, Inc. • Bituminous coal & lignite surface mining
SUPPLEMENT NO. 1 dated as of September 2, 2005 (this “Supplement”), to the Guarantee and Collateral Agreement dated as of July 30, 2004 (the “Guarantee and Collateral Agreement”), among FC 2 CORP., a Delaware corporation (“Holdings”), FOUNDATION COAL CORPORATION, a Delaware Corporation (“Acquisition Corp.”), S2 ACQUISITION CORP., a Delaware Corporation (which, on the Closing Date, shall be merged with and into, Foundation PA Coal Company, the “Borrower”), each Domestic Subsidiary of Borrower identified herein (each, a “Subsidiary Party”) and CITICORP NORTH AMERICA, INC. (“CNAI”), as collateral agent (in such capacity, the “Collateral Agent”) for the Secured Parties.
ContractSupplemental Indenture • November 15th, 2005 • Foundation Coal Holdings, Inc. • Bituminous coal & lignite surface mining • New York
SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), dated as of September 6, 2005, among Foundation Mining, LP, a Delaware limited partnership (the “New Guarantor”), a subsidiary of Foundation Coal Corporation, a Delaware corporation (“Holdings”), Foundation PA Coal Company, LLC, a Delaware limited liability company (fka Foundation PA Coal Company, a Delaware corporation) (the “Company”) and The Bank of New York, a New York banking corporation, as trustee under the Indenture referred to below (the “Trustee”).
FC 1 CORP. 2004 STOCK INCENTIVE PLAN NONQUALIFIED STOCK OPTION AGREEMENTNonqualified Stock Option Agreement • November 15th, 2005 • Foundation Coal Holdings, Inc. • Bituminous coal & lignite surface mining • Delaware
WHEREAS, the Company has adopted the Plan (as defined below), the terms of which are hereby incorporated by reference and made a part of this Agreement; and
