CREDIT AND SECURITY AGREEMENT Dated as of September 19, 2014 by and among ANR SECOND RECEIVABLES FUNDING, LLC, as Borrower, THE FINANCIAL INSTITUTIONS SIGNATORY HERETO FROM TIME TO TIME, as Lenders, GENERAL ELECTRIC CAPITAL CORPORATION, as Lender,...Credit and Security Agreement • September 25th, 2014 • Alpha Natural Resources, Inc. • Bituminous coal & lignite surface mining • New York
THIS CREDIT AND SECURITY AGREEMENT (as amended, restated, supplemented or otherwise modified and in effect from time to time, the “Agreement” or the “Credit Agreement”) is entered into as of September 19, 2014 by and among ANR SECOND RECEIVABLES FUNDING, LLC, a Delaware limited liability company (the “Borrower”), THE FINANCIAL INSTITUTIONS SIGNATORY HERETO FROM TIME TO TIME as lenders (the “Lenders”), and GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation (“GECC”), as a Lender, as Swing Line Lender (the “Swing Line Lender”), as LC Lender and as administrative agent for the Lenders hereunder (in such capacity, the “Administrative Agent”) and WEBSTER BUSINESS CREDIT CORPORATION, a New York corporation, as LC Lender and as a Lender.
AMENDMENT AGREEMENTAmendment Agreement • September 25th, 2014 • Alpha Natural Resources, Inc. • Bituminous coal & lignite surface mining • New York
WHEREAS, Foundation PA Coal Company, LLC, a Delaware limited liability company (formerly known as Foundation Pa Coal Company), 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), the Lenders party thereto from time to time, Citicorp North America, Inc., as administrative agent and as collateral agent for such Lenders, UBS AG, Stamford Branch, Bear Stearns Corporate Lending, Inc. and Natexis Banques Populaires, each as a co-documentation agent, Citigroup Global Markets Inc. and Credit Suisse First Boston, each as a co-syndication agent, and Citigroup Global Markets Inc. and Credit Suisse First Boston, as joint lead arrangers and joint book managers, originally entered into the Credit Agreement, dated as of July 30, 2004, as amended by (i) Amendment No. 1, dated as of November 12, 2004 and (ii) Amendment No. 2, dated as of October 18, 2005 (th
