SECOND AMENDED AND RESTATED FORBEARANCE AGREEMENTForbearance Agreement • May 1st, 2019 • Cloud Peak Energy Inc. • Bituminous coal & lignite surface mining • New York
This SECOND AMENDED AND RESTATED FORBEARANCE AGREEMENT, dated as of April 30, 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 capacit
NOMURA CORPORATE RESEARCH AND ASSET MANAGEMENT INC. New York, NY 10019Forbearance Agreement • May 1st, 2019 • Cloud Peak Energy Inc. • Bituminous coal & lignite surface mining • New York
This letter agreement refers to the Forbearance Agreement, dated April 30, 2019 (the “Forbearance Agreement”), between Nomura Corporate Research and Asset Management Inc. (“us” and “we”), Cloud Peak Energy Resources (the “Issuer”), Cloud Peak Energy Finance Corp. (the “Co-Issuer”) and Cloud Peak Energy Inc. (the “Parent Guarantor”; collectively, with the Issuer and the Co-Issuer, “you”). Capitalized terms used but not defined herein have the meanings assigned to such terms in the Forbearance Agreement (including by reference to the 2024 Indenture (as defined therein)).
