AMENDMENT AGREEMENTCredit Agreement • April 12th, 2012 • Foresight Energy Partners LP • Bituminous coal & lignite mining • New York
This AMENDED AND RESTATED CREDIT AGREEMENT (“Agreement”) is entered into as of December 15, 2011, among FORESIGHT ENERGY LLC, a Delaware limited liability company (the “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and CITIBANK, N.A., as Administrative Agent, Collateral Agent and Swing Line Lender, each L/C Issuer from time to time party hereto, CITIGROUP GLOBAL MARKETS INC., PNC CAPITAL MARKETS LLC (“PNC”) and CRÉDIT AGRICOLE CORPORATE AND INVESTMENT BANK (“Crédit Agricole”), as Joint Lead Arrangers and Joint Lead Book Managers, PNC and THE HUNTINGTON NATIONAL BANK, as Co-Syndication Agents, and Crédit Agricole, as Documentation Agent.
FORESIGHT ENERGY LLC, FORESIGHT ENERGY CORPORATION, THE GUARANTORS PARTY HERETO AND THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. AS TRUSTEE Indenture Dated as of August 12, 2010 9.625% Senior Notes due 2017Indenture • April 12th, 2012 • Foresight Energy Partners LP • Bituminous coal & lignite mining • New York
INDENTURE dated as of August 12, 2010 among Foresight Energy LLC, a Delaware limited liability company (the “Company”), Foresight Energy Corporation, a Delaware corporation (“Co-Issuer,” and together with the Company, the “Issuers”) and Foresight Coal Sales LLC, a Delaware limited liability company, Hillsboro Energy LLC, a Delaware limited liability company, Macoupin Energy LLC, a Delaware limited liability company, Oeneus LLC d/b/a Savatran LLC, a Delaware limited liability company, Sitran LLC, a Delaware limited liability company, Sugar Camp Energy, LLC, a Delaware limited liability company, and Williamson Energy, LLC, a Delaware limited liability company (collectively the “Guarantors”) and The Bank of New York Mellon Trust Company, N.A., as trustee (the “Trustee”).
SUPPLEMENTAL INDENTURE TO BE DELIVERED BY SUBSEQUENT GUARANTORSForesight Energy Partners LP • April 12th, 2012 • Bituminous coal & lignite mining • New York
WHEREAS, the Issuers have heretofore executed and delivered to the Trustee an indenture (the “Indenture”), dated as of August 12, 2010, providing for the issuance of 9.625% Senior Notes due 2017 (the “Notes”);
SUPPLEMENTAL INDENTURE TO BE DELIVERED BY SUBSEQUENT GUARANTORSForesight Energy Partners LP • April 12th, 2012 • Bituminous coal & lignite mining • New York
WHEREAS, the Issuers have heretofore executed and delivered to the Trustee an indenture (the “Indenture”), dated as of August 12, 2010, providing for the issuance of 9.625% Senior Notes due 2017 (the “Notes”);
