JOINDER NO. 2 TO SECURITY AGREEMENTSecurity Agreement • August 14th, 2014 • Armstrong Energy, Inc. • Bituminous coal & lignite surface mining • New York
Joinder No. 2 (this “Joinder”), dated as of July 24, 2014, to the Security Agreement, dated as of December 21, 2012 (as amended, restated, supplemented, or otherwise modified from time to time, the “Security Agreement”), by and among each of the parties listed on the signature pages thereto and those additional entities that thereafter become parties thereto (collectively, jointly and severally, “Grantors” and each, individually, a “Grantor”) and Wells Fargo Bank, National Association, as trustee (in such capacity, together with its successors and assigns, the “Trustee”) and as collateral agent (in such capacity, together with its successors and assigns, the “Collateral Agent”).
SECOND SUPPLEMENTAL INDENTURESecond Supplemental Indenture • August 14th, 2014 • Armstrong Energy, Inc. • Bituminous coal & lignite surface mining • New York
Second Supplemental Indenture (this “Supplemental Indenture”), dated as of July 24, 2014, among Thoroughfare Mining, LLC, a Delaware limited liability company (the “Guaranteeing Subsidiary”), a Subsidiary of Armstrong Energy, Inc., a Delaware corporation (the “Company”), the Company, and Wells Fargo Bank, National Association, as trustee under the Indenture referred to below (the “Trustee”).
FIRST AMENDED AND RESTATED ROYALTY DEFERMENT AND OPTION AGREEMENTRoyalty Deferment and Option Agreement • August 14th, 2014 • Armstrong Energy, Inc. • Bituminous coal & lignite surface mining • Kentucky
This First Amended and Restated Royalty Deferment and Option Agreement (this “Agreement”) entered into this 14th day of August, 2014, by and among Armstrong Coal Company, Inc. (“Armstrong”), Thoroughfare Mining, LLC (“Thoroughfare”), Western Diamond LLC (“WD”), Western Land Company, LLC (“WLC”, and together with Armstrong, Thoroughfare, WD, and any other wholly-owned subsidiary of Armstrong Energy, Inc. who may from time to time own or lease any portion of the Subject Assets and who joins into this Agreement by executing a joinder hereto, collectively referred to as the “Armstrong Entities”) and Thoroughbred Resources, L.P. (“Thoroughbred”), Western Mineral Development, LLC (“WMD”), and Ceralvo Holdings, LLC (“Ceralvo”, and, together with Thoroughbred, WMD and any wholly-owned subsidiary of Thoroughbred who may from time to time own or lease any portion of the Subject Assets and who joins entity this Agreement by executing a joinder hereto, the “Thoroughbred Entities”) (collectively, t
THIRD SUPPLEMENTAL INDENTUREThird Supplemental Indenture • August 14th, 2014 • Armstrong Energy, Inc. • Bituminous coal & lignite surface mining • New York
This Third Supplemental Indenture (this “Supplemental Indenture”), dated as of August 14, 2014, is by and among Armstrong Energy, Inc., a Delaware corporation (the “Company”), the Guarantors (as defined in the Indenture referred to below), and Wells Fargo Bank, National Association, as trustee under the Indenture referred to below (the “Trustee”).
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • August 14th, 2014 • Armstrong Energy, Inc. • Bituminous coal & lignite surface mining • New York
THIS FIRST AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is dated as of August 14, 2014, and is made by and among ARMSTRONG ENERGY, INC., a Delaware corporation (the “Borrower”), the GUARANTORS PARTY HERETO (individually a “Guarantor” and collectively, the “Guarantors”, and together with the Borrower, the “Loan Parties”), the FINANCIAL INSTITUTIONS PARTY HERETO (individually a “Lender” and collectively, the “Lenders”) and PNC BANK, NATIONAL ASSOCIATION, in its capacity as administrative agent for the Lenders (the “Administrative Agent”).
GUARANTOR JOINDER AND ASSUMPTION AGREEMENTGuarantor Joinder and Assumption Agreement • August 14th, 2014 • Armstrong Energy, Inc. • Bituminous coal & lignite surface mining
THIS GUARANTOR JOINDER AND ASSUMPTION AGREEMENT is made as of July 24, 2014, by Thoroughfare Mining, LLC, a Delaware limited liability company (the “New Guarantor”).
