CONSOL ENERGY INC. (a Delaware corporation) 38,500,000 Shares of Common Stock PURCHASE AGREEMENTPurchase Agreement • March 31st, 2010 • CONSOL Energy Inc • Bituminous coal & lignite surface mining • New York
Contract Type FiledMarch 31st, 2010 Company Industry JurisdictionCONSOL Energy Inc., a Delaware corporation (the “Company”), confirms its agreement with Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill Lynch”) and each of the other Underwriters named in Schedule A hereto (collectively, the “Underwriters,” which term shall also include any underwriter substituted as hereinafter provided in Section 10 hereof), for whom Merrill Lynch is acting as representative (in such capacity, the “Representative”), with respect to (i) the sale by the Company and the purchase by the Underwriters, acting severally and not jointly, of the respective numbers of shares of Common Stock, par value $.01 per share, of the Company (“Common Stock”) set forth in Schedule A hereto and (ii) the grant by the Company to the Underwriters, acting severally and not jointly, of the option described in Section 2(b) hereof to purchase all or any part of 5,775,000 additional shares of Common Stock to cover overallotments, if any. The aforesaid shares of Common Stock (the “Ini