AMENDED AND RESTATED FORBEARANCE AGREEMENTForbearance Agreement • April 15th, 2019 • Cloud Peak Energy Inc. • Bituminous coal & lignite surface mining • New York
This AMENDED AND RESTATED FORBEARANCE AGREEMENT, dated as of April 12, 2019 (this “Agreement”), is entered into among the undersigned in connection with the AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT, dated as of January 31, 2017 (as amended, supplemented and modified from time to time, the “RPA”) among CLOUD PEAK ENERGY RECEIVABLES LLC, a Delaware limited liability company, as seller (individually and in such capacity, the “Seller”), CLOUD PEAK ENERGY RESOURCES LLC, a Delaware limited liability company (“Cloud Peak”), as initial servicer (in such capacity, together with its successors and permitted assigns in such capacity, the “Servicer”), the various Conduit Purchasers, Related Committed Purchasers, LC Participants and Purchaser Agents from time to time party hereto, and PNC BANK, NATIONAL ASSOCIATION, as Administrator (in such capacity, together with its successors and assigns in such capacity, the “Administrator”) and as issuer of Letters of Credit (in such capacity, toge
FORBEARANCEForbearance Agreement • April 15th, 2019 • Cloud Peak Energy Inc. • Bituminous coal & lignite surface mining • New York
FORBEARANCE, dated as of April 15, 2019 (this “Agreement”), by and among Cloud Peak Energy Resources LLC, a Delaware limited liability company (the “Company”), Cloud Peak Finance Corp., a Delaware corporation (together with the Company, the “Issuers”), Cloud Peak Energy Inc., a Delaware corporation (the “Parent Guarantor” and, together with the Issuers, the “Note Parties”), and the undersigned (the “Holder”) as investment advisor of discretionary accounts for the holders or beneficial owners of the 2024 Notes (as defined below).
