0001193125-11-124066 Sample Contracts

TENDER AND VOTING AGREEMENT
Tender and Voting Agreement • May 3rd, 2011 • WL Ross Group, L.P. • Bituminous coal & lignite surface mining • Delaware

This TENDER AND VOTING AGREEMENT, dated as of May 2, 2011 (this “Agreement”), is among Arch Coal, Inc., a Delaware corporation (“Parent”), Atlas Acquisition Corp., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), and the persons listed on Schedule I hereto (collectively, the “Company Stockholders”).

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