0001104659-16-135066 Sample Contracts

Contract
Agreement of Resignation, Appointment and Acceptance • July 29th, 2016 • Cloud Peak Energy Inc. • Bituminous coal & lignite surface mining • New York

AGREEMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE (this “Agreement”), dated as of May 24, 2016 by and among CLOUD PEAK ENERGY RESOURCES LLC, a Delaware limited liability company (the “Company”), CLOUD PEAK ENERGY FINANCE CORP., a Delaware corporation (the “Co-issuer” and, together with the Company, the “Issuers”), WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States and having a corporate trust office at 1100 North Market Street, Wilmington, Delaware 19890 (the “Successor Trustee”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association duly organized and existing under the laws of the United States and having a corporate trust office at 625 Marquette Avenue, N9311-110, Minneapolis, Minnesota 55402-2308 (the “Resigning Trustee”).

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