0001188112-06-002411 Sample Contracts

Contract
Credit Agreement • August 9th, 2006 • James River Coal CO • Bituminous coal & lignite surface mining • New York

AMENDMENT No. 2 AND WAIVER (this “Amendment and Waiver”) dated as of May 30, 2006, to the CREDIT AGREEMENT dated as of May 31, 2005 and amended on February 22, 2006 (the “Credit Agreement”), among JAMES RIVER COAL COMPANY (the “Borrower”), the LENDERS from time to time party thereto, PNC BANK, NATIONAL ASSOCIATION, as Administrative Agent, and MORGAN STANLEY SENIOR FUNDING, INC., as Syndication Agent.

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