FORM OF INDEMNIFICATION AGREEMENT Arch Coal, Inc. (Delaware corporation)Indemnification Agreement • October 11th, 2016 • Arch Coal Inc • Bituminous coal & lignite surface mining • Delaware
This Indemnification Agreement (this “Agreement”), made and entered into as of the day of , 20 , by and between Arch Coal, Inc. a Delaware corporation (the “Company”) and (“Indemnitee”).
THIRD AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT DATED AS OF OCTOBER 5, 2016 BY AND AMONG ARCH RECEIVABLE COMPANY, LLC, as Seller, ARCH COAL SALES COMPANY, INC., as initial Servicer, THE VARIOUS CONDUIT PURCHASERS, RELATED COMMITTED...Receivables Purchase Agreement • October 11th, 2016 • Arch Coal Inc • Bituminous coal & lignite surface mining • New York
part of its property and, in the case of any such proceeding instituted against it (but not instituted by it), either such proceeding shall remain undismissed or unstayed for a period of 60 days, or any of the actions sought in such proceeding (including the entry of an order for relief against, or the appointment of a receiver, trustee, custodian or other similar official for, it or for any substantial part of the property) shall occur, or the Seller, ACI and the Transferor or any Originator shall take any corporate or organizational action to authorize any of the actions set forth above in this paragraph;
WARRANT AGREEMENT Dated as of October 5, 2016 between ARCH COAL, INC. and AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC, as Warrant AgentWarrant Agreement • October 11th, 2016 • Arch Coal Inc • Bituminous coal & lignite surface mining • New York
This WARRANT AGREEMENT is dated as of October 5, 2016 (this “Agreement”), among Arch Coal, Inc., a Delaware corporation (the “Company”), and American Stock Transfer & Trust Company, LLC, a New York limited liability trust company, as Warrant Agent (the “Warrant Agent”). All terms used but not defined in this Agreement shall have the respective meanings assigned to them in the form of Warrant Certificate attached to this Agreement as Exhibit A.
CREDIT AGREEMENT Dated as October 5, 2016 by and amongCredit Agreement • October 11th, 2016 • Arch Coal Inc • Bituminous coal & lignite surface mining
THIS CREDIT AGREEMENT is dated as of October 5, 2016, and is made by and among ARCH COAL, INC., a Delaware corporation (the “Borrower”), the LENDERS (as hereinafter defined) and WILMINGTON TRUST, NATIONAL ASSOCIATION, in its capacities as administrative agent for the Lenders and collateral agent for the Lenders (in such capacities, together with its successors and assigns, in such capacities, the “Agent”).
SECOND AMENDED AND RESTATED SALE AND CONTRIBUTION AGREEMENT Dated as of October 5, 2016 between ARCH COAL, INC., as the Transferor and ARCH RECEIVABLE COMPANY, LLCSale and Contribution Agreement • October 11th, 2016 • Arch Coal Inc • Bituminous coal & lignite surface mining • New York
THIS SECOND AMENDED AND RESTATED SALE AND CONTRIBUTION AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), dated as of October 5, 2016 is entered into between ARCH COAL, INC. (individually, “ACI”), as the transferor (the “Transferor”), and ARCH RECEIVABLE COMPANY, LLC, a Delaware limited liability company (the “Company”).
