EXECUTION COPY RECEIVABLES FINANCING AGREEMENTReceivables Financing Agreement • March 11th, 2015 • Foresight Energy LP • Bituminous coal & lignite mining • New York
This RECEIVABLES FINANCING AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) is entered into as of January 13, 2015 by and among the following parties:
PURCHASE AND SALE AGREEMENT Dated as of January 13, 2015 among VARIOUS ENTITIES LISTED ON SCHEDULE I HERETO, as Originators, FORESIGHT ENERGY LLC, as Servicer, and FORESIGHT RECEIVABLES LLC, as BuyerPurchase and Sale Agreement • March 11th, 2015 • Foresight Energy LP • Bituminous coal & lignite mining • New York
PERFORMANCE GUARANTYPerformance Guaranty • March 11th, 2015 • Foresight Energy LP • Bituminous coal & lignite mining • New York
This PERFORMANCE GUARANTY (this “Performance Guaranty”), dated as of January 13, 2015, is made by FORESIGHT ENERGY LP, a Delaware limited partnership (together with its successors and permitted assigns, the “Performance Guarantor”), in favor of PNC BANK, NATIONAL ASSOCIATION (“PNC”), as administrative agent under the Receivables Financing Agreement defined below (together with its successors and assigns in such capacity, the “Administrative Agent”), for the benefit of the Administrative Agent and the other Secured Parties under the Receivables Financing Agreement defined below. Capitalized terms used but not otherwise defined herein have the respective meanings assigned thereto in, or by reference in, the Receivables Financing Agreement defined below.
