WALTER ENERGY, INC. AND EACH OF THE GUARANTORS PARTY HERETO 11.0%/12.0% SENIOR SECURED SECOND LIEN PIK TOGGLE NOTES DUE 2020Indenture • April 1st, 2014 • Walter Energy, Inc. • Bituminous coal & lignite mining • New York
INDENTURE dated as of March 27, 2014, among Walter Energy, Inc., a Delaware corporation, the Guarantors (as defined herein) and Wilmington Trust, National Association, as trustee and collateral agent.
SECOND-LIEN NOTES COLLATERAL AGREEMENT dated as of March 27, 2014 among WALTER ENERGY, INC. CERTAIN SUBSIDIARIES OF WALTER ENERGY, INC. and WILMINGTON TRUST, NATIONAL ASSOCIATION, as COLLATERAL AGENTNotes Collateral Agreement • April 1st, 2014 • Walter Energy, Inc. • Bituminous coal & lignite mining
AMENDED AND RESTATED INTERCREDITOR AGREEMENT among WALTER ENERGY, INC. THE OTHER GRANTORS PARTY HERETO, MORGAN STANLEY SENIOR FUNDING, INC., as Credit Agreement Collateral Agent and Authorized Representative for the Credit Agreement Secured Parties,...Intercreditor Agreement • April 1st, 2014 • Walter Energy, Inc. • Bituminous coal & lignite mining • New York
AMENDED AND RESTATED INTERCREDITOR AGREEMENT, dated as of March 27, 2014 (as amended, restated, amended and restated, supplemented and/or otherwise modified from time to time, this “Agreement”), among Walter Energy, Inc., a Delaware corporation (the “Company”), the other Grantors (as defined below) from time to time party hereto, Morgan Stanley Senior Funding, Inc. (“MSSF”), as collateral agent for the Credit Agreement Secured Parties (as defined below) (in such capacity and together with its successors in such capacity, the “Credit Agreement Collateral Agent”) and as Authorized Representative for the Credit Agreement Secured Parties, Union Bank, N.A. (“Union Bank”), as collateral agent for the Initial Additional First-Lien Secured Parties (as defined below) (solely in such capacity and together with its successors in such capacity, the “Initial Additional Collateral Agent”) and as Authorized Representative (as defined below) for the Initial Additional First-Lien Secured Parties (in su
GRANT OF SECURITY INTEREST IN UNITED STATES TRADEMARKSWalter Energy, Inc. • April 1st, 2014 • Bituminous coal & lignite mining
This GRANT OF SECURITY INTEREST IN UNITED STATES TRADEMARKS (“Grant”), dated as of March 27, 2014 is made by Walter Energy, Inc., a Delaware corporation (the “Grantor”) with principal offices at 3000 Riverchase Galleria, Suite 1700, Birmingham, AL 35244, in favor of Wilmington Trust, National Association, as Collateral Agent, with offices at 50 South Sixth Street, Suite 1290, Minneapolis, MN 55402 (the “Agent”) for the benefit of the Secured Parties (as defined in the Second-Lien Notes Collateral Agreement as defined below) pursuant to that certain Second-Lien Notes Collateral Agreement, dated as of March 27, 2014 (as amended, modified, restated, supplemented or otherwise modified from time to time, the “Second-Lien Notes Collateral Agreement”), among Walter Energy, Inc. (the “Company”), and other grantors from time to time party thereto (together with the Company, the “Grantors”) and the Agent.
