SECOND AMENDMENT TO THE FIFTH AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENTReceivables Purchase Agreement • April 22nd, 2016 • Peabody Energy Corp • Bituminous coal & lignite surface mining • New York
This FIFTH AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT (as amended, supplemented or otherwise modified from time to time, this “Agreement”) is entered into as of March 25, 2016, by and among P&L RECEIVABLES COMPANY, LLC, a Delaware limited liability company, as seller (the “Seller”), PEABODY ENERGY CORPORATION, a Delaware corporation and a debtor and debtor-in-possession under chapter 11 of the Bankruptcy Code (“Peabody”), as initial servicer (in such capacity, collectively, together with its successors and permitted assigns in such capacity, the “Servicer”), PEABODY ARCLAR MINING, LLC, an Indiana limited liability company and a debtor and debtor-in-possession under chapter 11 of the Bankruptcy Code, PEABODY MIDWEST MINING, LLC, an Indiana limited liability company and a debtor and debtor-in-possession under chapter 11 of the Bankruptcy Code, TWENTYMILE COAL, LLC, a Delaware limited liability company and a debtor and debtor-in-possession under chapter 11 of the Bankruptcy Code,
