ALPHA NATURAL RESOURCES, INC. and UNION BANK, N.A. as Trustee SUPPLEMENTAL INDENTURE NO. 5 Dated as of December 18, 2013 to INDENTURE Dated as of June 1, 2011 4.875% Convertible Senior Notes due 2020Supplemental Indenture • December 18th, 2013 • Alpha Natural Resources, Inc. • Bituminous coal & lignite surface mining • New York
SUPPLEMENTAL INDENTURE NO. 5 (the “Supplemental Indenture”), dated as of December 18, 2013, among 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.
ALPHA NATURAL RESOURCES, INC. $300,000,000 4.875% CONVERTIBLE SENIOR NOTES DUE 2020 UNDERWRITING AGREEMENTUnderwriting Agreement • December 18th, 2013 • Alpha Natural Resources, Inc. • Bituminous coal & lignite surface mining • New York
We have acted as special counsel to Alpha Natural Resources, Inc., a Delaware corporation (the “Company”), in connection with the Company’s offering pursuant to a registration statement on Form S-3 (No. 333-186990) of $300,000,000 aggregate principal amount [(including $45,000,000 aggregate principal amount pursuant to the exercise in full of the underwriters’ overallotment option)] of % Convertible Senior Notes due 2020 (the “Securities”) to be issued under an indenture dated as of June 1, 2011 (the “Base Indenture”), among the Company, the Company’s subsidiaries listed on Appendix A hereto, as guarantors (the “Guarantors”), and Union Bank, N.A., as trustee (the “Trustee”), as amended by the fifth supplemental indenture, dated as of December , 2013 (the “Fifth Supplemental Indenture” and together with the Base Indenture, the “Indenture” ), among the Company, the Guarantors and the Trustee. Such registration statement, as amended as of its most recent effective date (December , 2013),
