FIRST LIEN/SECOND LIEN INTERCREDITOR AGREEMENT amongFirst Lien/Second Lien Intercreditor Agreement • October 17th, 2016 • Cloud Peak Energy Inc. • Bituminous coal & lignite surface mining • New York
FIRST LIEN/SECOND LIEN INTERCREDITOR AGREEMENT dated as of October 17, 2016 (as amended, supplemented or otherwise modified from time to time, this “Agreement”), among CLOUD PEAK ENERGY RESOURCES LLC, a Delaware limited liability company (“Cloud Peak Energy”), CLOUD PEAK ENERGY FINANCE CORP., a Delaware corporation (“Cloud Peak Finance” and, together with Cloud Peak Energy, the “Borrowers”), the other Grantors (as defined below) party hereto, PNC BANK, NATIONAL ASSOCIATION, as Representative for the First Lien Credit Agreement Secured Parties (in such capacity and together with its successors in such capacity, the “First Lien Collateral Agent”), WILMINGTON TRUST, NATIONAL ASSOCIATION, solely in its capacity as collateral agent under the Second Lien Indenture, as Representative for the Second Lien Indenture Secured Parties (in such capacity and together with its successors in such capacity, the “Second Lien Collateral Agent”), and each additional Second Priority Representative and Senio
CLOUD PEAK ENERGY RESOURCES LLC, CLOUD PEAK ENERGY FINANCE CORP., as Issuers, CLOUD PEAK ENERGY INC., as Parent Guarantor, THE SUBSIDIARIES NAMED HEREIN, as Subsidiary Guarantors and WILMINGTON TRUST, NATIONAL ASSOCIATION, as Trustee and Collateral AgentIndenture • October 17th, 2016 • Cloud Peak Energy Inc. • Bituminous coal & lignite surface mining • New York
THIS INDENTURE (the “Indenture”) dated as of October 17, 2016 is 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”), Cloud Peak Energy Inc., as Delaware corporation (the “Parent Guarantor”), the Subsidiary Guarantors (as defined herein) listed on Schedule A hereto, and Wilmington Trust, National Association, a national banking association, as Trustee and Collateral Agent (each, as defined below).
SECURITY AGREEMENT dated as of October 17, 2016 by CLOUD PEAK ENERGY RESOURCES LLC CLOUD PEAK ENERGY FINANCE CORP. THE OTHER GRANTORS FROM TIME TO TIME PARTY HERETO in favor of WILMINGTON TRUST, NATIONAL ASSOCIATION, solely in its capacity as...Security Agreement • October 17th, 2016 • Cloud Peak Energy Inc. • Bituminous coal & lignite surface mining • New York
THIS SECURITY AGREEMENT dated as of October 17, 2016 (“Agreement”) 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”), CLOUD PEAK ENERGY INC., a Delaware corporation (the “Parent Guarantor”), the Subsidiary Guarantors (as defined herein) listed on Schedule 1 hereto, and WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association, solely in its capacity as Collateral Agent under the Indenture (as defined below) (the “Collateral Agent”).
