0001193125-04-059089 Sample Contracts

Massey Energy Company Registration Rights Agreement
Registration Rights Agreement • April 8th, 2004 • Massey Energy Co • Bituminous coal & lignite mining • New York

Massey Energy Company, a Delaware corporation (the “Company”), proposes to issue and sell (such issuance and sale, the “Initial Placement”) to the several parties named in Schedule I to the Purchase Agreement (the “Initial Purchasers”) for whom you (the “Representative”) are acting as representative, upon the terms set forth in a purchase agreement dated April 2, 2004 (the “Purchase Agreement”), $175,000,000 aggregate principal amount of its 2.25% Convertible Senior Notes due 2024 (the “Notes”). The Notes are convertible into shares of Common Stock (as defined below) of the Company, and are unconditionally guaranteed by each of the subsidiaries of the Company listed on Schedule I hereto (the “Guarantors”) upon the terms and subject to the conditions set forth in the Indenture (as defined below).

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