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”).
ContractGuarantee 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
