AGREEMENT OF MERGER by and among RHINO RESOURCE PARTNERS LP RHINO ENERGY LLC THE ELK HORN ACQUISITION CO. LLC THE ELK HORN COAL COMPANY, LLC AND THE MEMBER REPRESENTATIVE Dated as of June 10, 2011Member Representative Escrow Agreement • June 16th, 2011 • Rhino Resource Partners LP • Bituminous coal & lignite surface mining • Delaware
THIS AGREEMENT OF MERGER, dated as of June 10, 2011 (this “Agreement”), is by and among Rhino Resource Partners LP, a Delaware limited partnership, Rhino Energy LLC, a Delaware limited liability company (“Parent”), The Elk Horn Acquisition Co. LLC, a Delaware limited liability company and wholly-owned subsidiary of Parent (“Merger Sub”), The Elk Horn Coal Company, LLC, a Delaware limited liability company (the “Company”), and Peter Sisitsky, solely in his capacity as Member Representative.
