FIFTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • August 9th, 2006 • Massey Energy Co • Bituminous coal & lignite surface mining • New York
This FIFTH AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is entered into as of June 14, 2006 by and among A. T. MASSEY COAL COMPANY, INC., a Virginia corporation (the “Administrative Borrower”), individually and as agent on behalf of the other Loan Parties (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), the Required Lenders signatory hereto, UBS AG, STAMFORD BRANCH, as administrative agent (the “Administrative Agent”), 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 and Issuing Bank.
