0001104659-13-055923 Sample Contracts

FIFTH AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • July 23rd, 2013 • Walter Energy, Inc. • Bituminous coal & lignite mining • New York

FIFTH AMENDMENT TO CREDIT AGREEMENT (this “Fifth Amendment”) dated as of July 23, 2013, among Walter Energy, Inc., a Delaware corporation, Western Coal ULC, an unlimited liability corporation existing under the laws of the Canadian province of British Columbia, Walter Energy Canada Holdings, Inc., a corporation existing under the laws of the Canadian province of British Columbia (together with Walter Energy, Inc. and Western Coal ULC, collectively, the “Borrowers”), the Subsidiary Guarantors party hereto, the Lenders party hereto from time to time and Morgan Stanley Senior Funding, Inc., as Administrative Agent. Unless otherwise indicated, all capitalized terms used herein and not otherwise defined herein shall have the respective meanings provided to such terms in the Credit Agreement referred to below.

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