SUPPLEMENT NO. 2 TO THE GUARANTEE AND COLLATERAL AGREEMENTGuarantee and Collateral Agreement • November 14th, 2007 • Foundation Coal CORP • Bituminous coal & lignite surface mining
SUPPLEMENT NO. 2 dated as of October 5, 2007 (this “Supplement”), to the Guarantee and Collateral Agreement dated as of July 30, 2004 (the “Guarantee and Collateral Agreement”), among FC 2 CORP., a Delaware corporation (“Holdings”), FOUNDATION COAL CORPORATION, a Delaware Corporation (“Acquisition Corp.”), S2 ACQUISITION CORP., a Delaware Corporation (which, on the Closing Date, shall be merged with and into, Foundation PA Coal Company, the “Borrower”), each Domestic Subsidiary of Borrower identified herein (each, a “Subsidiary Party”) and CITICORP NORTH AMERICA, INC. (“CNAI”), as collateral agent (in such capacity, the “Collateral Agent”) for the Secured Parties.
