MASSEY ENERGY COMPANY AND THE GUARANTORS PARTY HERETO Senior Indenture Dated as of August 12, 2008 Wilmington Trust Company, TrusteeSenior Indenture • June 1st, 2011 • Alpha Natural Resources, Inc. • Bituminous coal & lignite surface mining • New York
INDENTURE, dated as of August [•], 2008, among Massey Energy Company, a corporation duly organized and existing under the laws of the State of Delaware (herein called the “Company”), having its principal office at 4 North 4th Street, Richmond, Virginia 23219, the guarantors listed on the signature pages hereto, and Wilmington Trust Company, a Delaware banking corporation, as trustee (herein called the “Trustee”).
SIXTH SUPPLEMENTAL INDENTURESupplemental Indenture • June 1st, 2011 • Alpha Natural Resources, Inc. • Bituminous coal & lignite surface mining • New York
WHEREAS, the Issuer, the Guarantors and the Trustee executed that certain Senior Indenture (the “Base Indenture”), dated as of August 12, 2008, as supplemented by that First Supplemental Indenture (the “First Supplemental Indenture”), dated the same date, as further supplemented by that Second Supplemental Indenture (the “Second Supplemental Indenture”), dated as of July 20, 2009, as further supplemented by that Third Supplemental Indenture (the “Third Supplemental Indenture”), dated as of August 28, 2009, as further supplemented by that Fourth Supplemental Indenture (the “Fourth Supplemental Indenture”), dated as of April 30, 2010, and as further supplemented by that Fifth Supplemental Indenture (the “Fifth Supplemental Indenture”) dated as of June 29, 2010 each by and among the Issuer, the Guarantors (defined therein) and the Trustee (the Base Indenture, the First Supplemental Indenture, the Second Supplemental Indenture, the Third Supplemental Indenture, the Fourth Supplemental Inde
AMENDED AND RESTATED GUARANTEE AND COLLATERAL AGREEMENT As Amended and Restated as of June 1, 2011 Among ALPHA NATURAL RESOURCES, INC., as Borrower, CERTAIN SUBSIDIARIES OF THE BORROWER IDENTIFIED HEREIN and CITICORP NORTH AMERICA, INC., as Collateral...Guarantee and Collateral Agreement • June 1st, 2011 • Alpha Natural Resources, Inc. • Bituminous coal & lignite surface mining • New York
WHEREAS, this Agreement amends and restates that certain Guarantee and Collateral Agreement dated as of July 30, 2004 (the “Original Closing Date”), between and among FC 2 Corp., a Delaware corporation (which subsequently merged with and into the Borrower), Foundation Coal Corporation, a Delaware corporation (which subsequently merged with and into the Borrower), S2 Acquisition Corp. (which subsequently merged with and into Foundation PA Coal Company, LLC, a Delaware limited liability company, formerly known as Foundation PA Coal Company), certain Subsidiaries of the Borrower party thereto and the Collateral Agent, as amended by Amendment No. 1 to Credit Agreement, dated as of May 22, 2009 (and effective July 31, 2009, the “Amendment No. 1 Effective Date”), and as supplemented by (i) Supplement No. 1, dated as of September 2, 2005, (ii) Supplement No. 2, dated as of October 5, 2007, (iii) Supplement No. 3 dated as of July 31, 2009 and (iv) Supplement No. 4 dated as of February 2, 2011
SUPPLEMENTAL INDENTURE NO. 2Supplemental Indenture • June 1st, 2011 • Alpha Natural Resources, Inc. • Bituminous coal & lignite surface mining • New York
SUPPLEMENTAL INDENTURE No. 2 (this “Supplemental Indenture No. 2”), dated as of June 1, 2011, among the entities listed on Schedule I hereto (the “Massey Guarantors”), Alpha Natural Resources, Inc., a Delaware corporation (the “Issuer”), the Guarantors listed on the signature pages to the Supplemental Indenture No. 1 (as defined below) (the “Guarantors”) and Union Bank, N.A., a national banking association, as trustee under the Indenture referred to below (the “Trustee”).
ALPHA NATURAL RESOURCES, INC. and UNION BANK, N.A. as Trustee SUPPLEMENTAL INDENTURE NO. 1 Dated as of June 1, 2011 to INDENTURE Dated as of June 1, 2011 $800,000,000 Principal Amount 6% Senior Notes due 2019 $700,000,000 Principal Amount 6.25% Senior...Supplemental Indenture • June 1st, 2011 • Alpha Natural Resources, Inc. • Bituminous coal & lignite surface mining • New York
SUPPLEMENTAL INDENTURE NO. 1 (the “Supplemental Indenture”), dated as of June 1, 2011, between Alpha Natural Resources, Inc., a Delaware corporation (the “Issuer”), the Guarantors (as defined below) and Union Bank, N.A., a national banking association, as trustee (the “Trustee”).
MASSEY ENERGY COMPANY AND THE GUARANTORS PARTY HERETO First Supplemental Indenture Dated as of August 12, 2008 Wilmington Trust Company, Trustee 3.25% Convertible Senior Notes due 2015First Supplemental Indenture • June 1st, 2011 • Alpha Natural Resources, Inc. • Bituminous coal & lignite surface mining • New York
THIS FIRST SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”) is made as of the 12th day of August, 2008, by and among MASSEY ENERGY COMPANY, a Delaware corporation, having its principal office at 4 North 4th Street, Richmond, Virginia 23219 (the “Company”), the guarantors listed on the signature pages hereto, and Wilmington Trust Company, a Delaware banking corporation, as trustee (herein called the “Trustee”).
FIFTH SUPPLEMENTAL INDENTURESupplemental Indenture • June 1st, 2011 • Alpha Natural Resources, Inc. • Bituminous coal & lignite surface mining • New York
WHEREAS, the Issuer, the Guarantors and the Trustee executed that certain Senior Indenture (the “Base Indenture”), dated as of August 12, 2008, as supplemented by that First Supplemental Indenture (the “First Supplemental Indenture”), dated the same date, as further supplemented by that Second Supplemental Indenture (the “Second Supplemental Indenture”), dated as of July 20, 2009, as further supplemented by that Third Supplemental Indenture (the “Third Supplemental Indenture”), dated as of August 28, 2009, and as further supplemented by that Fourth Supplemental Indenture (the “Fourth Supplemental Indenture”), dated as of April 30, 2010, each by and among the Issuer, the Guarantors (defined therein) and the Trustee (the Base Indenture, the First Supplemental Indenture, the Second Supplemental Indenture, the Third Supplemental Indenture and the Fourth Supplemental Indenture, collectively, and as amended and supplemented, the “Indenture”), providing for the issuance of the 3.25% Convertib
FOURTH SUPPLEMENTAL INDENTURESupplemental Indenture • June 1st, 2011 • Alpha Natural Resources, Inc. • Bituminous coal & lignite surface mining • New York
WHEREAS, the Issuer, the Guarantors and the Trustee executed that certain Senior Indenture (the “Base Indenture”), dated as of August 12, 2008, as supplemented by that First Supplemental Indenture (the “First Supplemental Indenture”), dated the same date, as further supplemented by that Second Supplemental Indenture (the “Second Supplemental Indenture”), dated July 20, 2009, and as further supplemented by that Third Supplemental Indenture (the “Third Supplemental Indenture”), dated August 28, 2009, each by and among the Issuer, the Guarantors (defined therein) and the Trustee (the Base Indenture, the First Supplemental Indenture, the Second Supplemental Indenture and the Third Supplemental Indenture, collectively, and as amended and supplemented, the “Indenture”), providing for the issuance of the 3.25% Convertible Senior Notes due 2015 in the principal amount of up to Six Hundred Ninety Million and 00/100 Dollars ($690,000,000).
THIRD SUPPLEMENTAL INDENTURESupplemental Indenture • June 1st, 2011 • Alpha Natural Resources, Inc. • Bituminous coal & lignite surface mining • New York
WHEREAS, the Issuer, the Guarantors and the Trustee executed that certain Senior Indenture (the “Base Indenture”), dated as of August 12, 2008, as supplemented by that First Supplemental Indenture, dated the same date, and that Second Supplemental Indenture, dated as of July 20, 2009, each by and among the Issuer, the Guarantors (defined therein) and the Trustee (together with the Base Indenture and as amended and supplemented, the “Indenture”), providing for the issuance of the 3.25% Convertible Senior Notes due 2015 in the principal amount of up to Six Hundred Ninety Million and 00/100 Dollars ($690,000,000).
SECOND SUPPLEMENTAL INDENTURESecond Supplemental Indenture • June 1st, 2011 • Alpha Natural Resources, Inc. • Bituminous coal & lignite surface mining • New York
WHEREAS, the Issuer, the Guarantors and the Trustee executed that certain Senior Indenture (the “Base Indenture”), dated as of August 12, 2008, as supplemented by that First Supplemental Indenture, dated the same date, each by and among the Issuer, the Guarantors (defined therein) and the Trustee (together with the Base Indenture and as amended and supplemented, the “Indenture”), providing for the issuance of the 3.25% Convertible Senior Notes due 2015 in the principal amount of up to Six Hundred Ninety Million and 00/100 Dollars ($690,000,000).
