0001104659-18-035740 Sample Contracts

AMENDED AND RESTATED GUARANTEE AND SECURITY AGREEMENT dated as of May 24, 2018 among CLOUD PEAK ENERGY RESOURCES LLC the GUARANTORS party hereto and PNC BANK, NATIONAL ASSOCIATION, as Administrative Agent
Guarantee and Security Agreement • May 24th, 2018 • Cloud Peak Energy Inc. • Bituminous coal & lignite surface mining • New York

THIS AMENDED AND RESTATED GUARANTEE AND SECURITY AGREEMENT (“Agreement”) dated as of May 24, 2018 among CLOUD PEAK ENERGY RESOURCES LLC, a Delaware limited liability company (the “Borrower”), the GUARANTORS party hereto and PNC BANK, NATIONAL ASSOCIATION, as Administrative Agent.

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AMENDED AND RESTATED CREDIT AGREEMENT dated as of
Credit Agreement • May 24th, 2018 • Cloud Peak Energy Inc. • Bituminous coal & lignite surface mining

THIS AMENDED AND RESTATED CREDIT AGREEMENT (as hereafter amended, the “Agreement”) is dated as of May 24, 2018 and is made by and among CLOUD PEAK ENERGY RESOURCES LLC, a Delaware limited liability company (the “Borrower”), each of the GUARANTORS (as hereinafter defined), the LENDERS (as hereinafter defined), and PNC BANK, NATIONAL ASSOCIATION, in its capacity as administrative agent for the Lenders under this Agreement (hereinafter referred to in such capacity as the “Administrative Agent”).

FIRST AMENDMENT TO THE AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT
Receivables Purchase Agreement • May 24th, 2018 • Cloud Peak Energy Inc. • Bituminous coal & lignite surface mining

THIS FIRST AMENDMENT TO THE AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT (this “Amendment”), dated as of May 24, 2018, is entered into among CLOUD PEAK ENERGY RECEIVABLES LLC, a Delaware limited liability company, as Seller, CLOUD PEAK ENERGY RESOURCES LLC, a Delaware limited liability company, as Servicer, PNC BANK, NATIONAL ASSOCIATION, as Administrator, as a Related Committed Purchaser and as a Purchaser Agent, an LC Participant and LC Bank. Capitalized terms used but not otherwise defined herein shall have the meanings set forth in, or by reference in, the Receivables Purchaser Agreement described below.

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