ContractSuperpriority Secured Debtor-in-Possession Credit Agreement • August 9th, 2016 • Arch Coal Inc • Bituminous coal & lignite surface mining
AMENDMENT No. 3, dated as of April 26, 2016 (this “Amendment”), to the Superpriority Secured Debtor-in-Possession Credit Agreement, dated as of January 21, 2016 (as amended, restated, supplemented or otherwise modified, refinanced or replaced from time to time, the “Credit Agreement”), among Arch Coal, Inc., a debtor and debtor-in-possession under chapter 11 of the Bankruptcy Code, as borrower (the “Borrower”), the Guarantors from time to time party thereto, each a debtor and debtor-in-possession under chapter 11 of the Bankruptcy Code, the Lenders from time to time party thereto and Wilmington Trust, National Association, in its capacity as administrative agent and collateral agent (in such capacities, the “Agent”). Capitalized terms used but not defined herein have the meaning provided in the Credit Agreement.
FIFTH WAIVER TO RESTRUCTURING SUPPORT AGREEMENTRestructuring Support Agreement • August 9th, 2016 • Arch Coal Inc • Bituminous coal & lignite surface mining • New York
Fifth Waiver to Restructuring Support Agreement (this “Waiver”), dated as of June 23, 2016, to that certain Restructuring Support Agreement made and entered into as of January 10, 2016, as amended by the First Amendment to Restructuring Support Agreement, dated as of February 25, 2016, the Second Amendment to Restructuring Support Agreement, dated as of March 28, 2016, the Third Amendment to Restructuring Support Agreement, dated as of April 26, 2016, and the Fourth Waiver to Restructuring Support Agreement, dated as of June 10, 2016 (the “Restructuring Support Agreement”), by and among (i) the parties signatory thereto which are lenders under the First Lien Credit Agreement (each such party a “Consenting Lender”, and collectively, the “Consenting Lenders”), (ii) Arch Coal, Inc., a Delaware corporation (“Arch Coal”), and (iii) each of the subsidiaries of Arch Coal signatory thereto (collectively with Arch Coal, the “Company”). Capitalized terms used in this Waiver and not otherwise def
THIRD AMENDMENT TO RESTRUCTURING SUPPORT AGREEMENTRestructuring Support Agreement • August 9th, 2016 • Arch Coal Inc • Bituminous coal & lignite surface mining • New York
Third Amendment to Restructuring Support Agreement (this “Amendment”), dated as of April 26, 2016, to that certain Restructuring Support Agreement made and entered into as of January 10, 2016, as amended by the First Amendment to Restructuring Support Agreement, dated as of February 25, 2016, and the Second Amendment to Restructuring Support Agreement, dated as of March 28, 2016 (the “Restructuring Support Agreement”), by and among (i) the parties signatory thereto which are lenders under the First Lien Credit Agreement (each such party a “Consenting Lender”, and collectively, the “Consenting Lenders”), (ii) Arch Coal, Inc., a Delaware corporation (“Arch Coal”), and (iii) each of the subsidiaries of Arch Coal signatory thereto (collectively with Arch Coal, the “Company”). Capitalized terms used in this Amendment and not otherwise defined shall have the meanings set forth in the Restructuring Support Agreement.
