EMPLOYMENT AGREEMENTEmployment Agreement • August 6th, 2013 • Oxford Resource Partners LP • Bituminous coal & lignite surface mining • Ohio
This EMPLOYMENT AGREEMENT (this “Agreement”) is made as of June 24, 2013 (the “Effective Date”) by and between Oxford Resources GP, LLC, a Delaware limited liability company (“Company”), and Charles C. Ungurean (“Executive”).
WARRANT ISSUANCE AGREEMENTWarrant Issuance Agreement • August 6th, 2013 • Oxford Resource Partners LP • Bituminous coal & lignite surface mining • New York
WARRANT ISSUANCE AGREEMENT (this "Agreement"), dated as of June 24, 2013, by and among Oxford Resource Partners, LP, a Delaware limited partnership, with headquarters located at 41 South High Street, Suite 3450, Columbus, OH 43215 (the "Partnership"), Oxford Resources GP, LLC, a Delaware limited liability company and the sole general partner of the Partnership, with headquarters located at 41 South High Street, Suite 3450, Columbus, OH 43215 (the "General Partner"), and the investors listed on the Schedule of Holders attached hereto (individually, a "Holder" and collectively, the "Holders").
INTERCREDITOR AGREEMENTIntercreditor Agreement • August 6th, 2013 • Oxford Resource Partners LP • Bituminous coal & lignite surface mining • New York
This INTERCREDITOR AGREEMENT (this “Agreement”), dated as of June 24, 2013, is made by and between CERBERUS BUSINESS FINANCE, LLC, as administrative agent and collateral agent under and pursuant to the First Lien Credit Agreement (as hereinafter defined) (in such capacity, together with its successors and assigns in such capacity, the “Original First Lien Agent”), and OBSIDIAN AGENCY SERVICES, INC., as administrative agent and collateral agent under and pursuant to the Second Lien Credit Agreement (as hereinafter defined) (in such capacity, together with its successors and assigns in such capacity, the “Original Second Lien Agent”), and is acknowledged by OXFORD MINING COMPANY, LLC (“Borrower”) and the other Obligors (as hereinafter defined).
AMENDMENT TO INVESTORS’ RIGHTS AGREEMENTInvestors’ Rights Agreement • August 6th, 2013 • Oxford Resource Partners LP • Bituminous coal & lignite surface mining • Delaware
This Amendment to Investors’ Rights Agreement (this “Amendment”) is entered into as of June 24, 2013 by and among Oxford Resource Partners, LP, a Delaware limited partnership (the “Partnership”), Oxford Resources GP, LLC, a Delaware limited liability company (“GP”), AIM Oxford Holdings, LLC, a Delaware limited liability company (“AIM”), C&T Coal, Inc., an Ohio corporation (“C&T Coal”), Charles C. Ungurean and Thomas T. Ungurean, for the purpose of amending the Investors’ Rights Agreement dated as of August 24, 2007 by and among the parties hereto (the “IR Agreement”). Unless otherwise specified, capitalized terms used but not defined herein are used as defined in the IR Agreement.
INVESTORS’ RIGHTS AGREEMENTInvestors’ Rights Agreement • August 6th, 2013 • Oxford Resource Partners LP • Bituminous coal & lignite surface mining • Delaware
This Investors’ Rights Agreement, dated as of June 24, 2013 (this “Agreement”), is made and entered into by and among Oxford Resource Partners, LP, a Delaware limited partnership (the “Partnership”), Oxford Resources GP, LLC, a Delaware limited liability company (the “GP” and, collectively with the Partnership, the “Partnership Parties”), C&T Coal, Inc., an Ohio corporation (“C&T Coal”), AIM Oxford Holdings, LLC, a Delaware limited liability company (“AIM” and, collectively with C&T Coal, the “Sponsor Holders”), and the lenders party to that certain Financing Agreement (the “Financing Agreement”) of even date herewith by and among Oxford Mining Company, LLC, the Partnership and each of its subsidiaries party thereto as guarantors, the lenders party thereto, and Obsidian Agency Services, Inc., as collateral agent and as administrative agent (the “Lenders”). The Lenders are sometimes referred to herein individually as an “Investor” and collectively as the “Investors,” and the loans issue
FORBEARANCE AGREEMENTForbearance Agreement • August 6th, 2013 • Oxford Resource Partners LP • Bituminous coal & lignite surface mining • New York
FORBEARANCE AGREEMENT, dated as of May 14, 2013 (this “Agreement”), relating to the Credit Agreement dated as of July 6, 2010 (as amended or otherwise modified, the “Credit Agreement”) among Oxford Mining Company, LLC, an Ohio limited liability company (the “Borrower”), the banks, financial institutions and other institutional lenders party thereto (together with their respective successors and assigns, the “Lenders”), Fifth Third Bank, as the Initial Issuing Bank, Citibank, N.A., as the Swing Line Bank, and Citicorp USA, Inc., as administrative agent for the Lenders (the “Administrative Agent”), and guaranteed by Oxford Resource Partners, LP, a Delaware limited partnership (the “MLP”), and each of the Subsidiary Guarantors, each listed on Schedule I hereto (collectively, the “Guarantors”).
SUPPLEMENT TO FORBEARANCE AGREEMENTForbearance Agreement • August 6th, 2013 • Oxford Resource Partners LP • Bituminous coal & lignite surface mining • New York
This SUPPLEMENT TO FORBEARANCE AGREEMENT, dated as of June 18, 2013 (this “Supplement”), is a supplement to the Forbearance Agreement, dated as of May 14, 2013 (the “Forbearance Agreement”), relating to the Credit Agreement dated as of July 6, 2010 (as amended or otherwise modified, the “Credit Agreement”) among Oxford Mining Company, LLC, an Ohio limited liability company (the “Borrower”), the banks, financial institutions and other institutional lenders party thereto (together with their respective successors and assigns, the “Lenders”), Fifth Third Bank, as the Initial Issuing Bank, Citibank, N.A., as the Swing Line Bank, and Citicorp USA, Inc., as administrative agent for the Lenders (the “Administrative Agent”), and guaranteed by Oxford Resource Partners, LP, a Delaware limited partnership (the “MLP”), and each of the Subsidiary Guarantors, each listed on Schedule I hereto (collectively, the “Guarantors”).
June 26, 2013 Oxford Mining Company, LLC Attn: Ms. Angela AshcraftCoal Purchase and Sale Agreement • August 6th, 2013 • Oxford Resource Partners LP • Bituminous coal & lignite surface mining
