0001193125-04-191131 Sample Contracts

THIRD AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • November 9th, 2004 • Massey Energy Co • Bituminous coal & lignite surface mining • New York

This THIRD AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is effective as of June 28, 2004 by and among A. T. MASSEY COAL COMPANY, INC., a Virginia corporation (the “Administrative Borrower”), on behalf of the other Borrowers (such term and each other capitalized term used but not defined herein having the meaning given to it in Article I of the Credit Agreement referenced below) and the Guarantors party to the Credit Agreement, the Required Lenders signatory hereto, UBS AG, STAMFORD BRANCH, as administrative agent (the “Administrative Agent”) for the Lenders and THE CIT GROUP/BUSINESS CREDIT, INC., as collateral agent and as security trustee (the “Collateral Agent”; and together with the Administrative Agent, the “Agents”) for the Secured Parties.

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FIRST AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • November 9th, 2004 • Massey Energy Co • Bituminous coal & lignite surface mining • New York

This FIRST AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is effective as of March 12, 2004 by and among A. T. MASSEY COAL COMPANY, INC., a Virginia corporation (the “Administrative Borrower”), on behalf of the other Borrowers (such term and each other capitalized term used but not defined herein having the meaning given to it in Article I of the Credit Agreement referenced below) and the Guarantors party to the Credit Agreement, the Required Lenders signatory hereto, UBS AG, STAMFORD BRANCH, as administrative agent (the “Administrative Agent”) for the Lenders and THE CIT GROUP/BUSINESS CREDIT, INC., as collateral agent and as security trustee (the “Collateral Agent”; and together with the Administrative Agent, the “Agents”) for the Secured Parties.

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