Re: Armstrong Energy Inc.Engagement Agreement • August 17th, 2017 • Armstrong Energy, Inc. • Bituminous coal & lignite surface mining • New York
The purpose of this letter is to confirm the understanding and agreement (the “Agreement”) between Armstrong Energy Inc. (the “Client” or “Armstrong”) and FTI Consulting, Inc. (“FTI”) concerning the Client’s engagement of FTI to provide certain temporary employees to the Client to act as both Chief Restructuring Officer and as Hourly Temporary Staff in providing services consistent with those roles (the “Engagement”). This Agreement is effective on August 14, 2017 (the “Effective Date”). The FTI Standard Terms and Conditions attached hereto as Exhibit “A” are also incorporated herein and forms part of this Agreement.
FIRST SUPPLEMENTAL FORBEARANCE AGREEMENTForbearance Agreement • August 17th, 2017 • Armstrong Energy, Inc. • Bituminous coal & lignite surface mining • New York
This FIRST SUPPLEMENTAL FORBEARANCE AGREEMENT, dated as of August 15, 2017 (this “Agreement”), is by and among Armstrong Energy, Inc., a corporation organized under the laws of Delaware (the “Company”), the Guarantors (together with the Company, the “Obligors”) and the undersigned beneficial holders or investment managers or advisors for such beneficial holders (together with any party that executes a First Supplemental Forbearance Joinder Agreement (the form of which is attached hereto as Exhibit A) after the date hereof, the “Supporting Holders”) of the Company’s 11.75% Senior Secured Notes due 2019 (the “Notes”).
