0001628280-18-011255 Sample Contracts

CREDIT AGREEMENT among CONTURA ENERGY, INC., as Borrower,
Credit Agreement • August 21st, 2018 • Contura Energy, Inc. • Bituminous coal & lignite surface mining • New York

This CREDIT AGREEMENT (as amended, supplemented or otherwise modified, the “Agreement”) is entered into as of March 17, 2017, among CONTURA ENERGY, INC., a Delaware corporation (the “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and, individually, a “Lender”), and JEFFERIES FINANCE LLC, as Administrative Agent and Collateral Agent.

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INDEMNIFICATION AGREEMENT
Indemnification Agreement • August 21st, 2018 • Contura Energy, Inc. • Bituminous coal & lignite surface mining • Delaware

THIS INDEMNIFICATION AGREEMENT (this "Agreement") is made as of July 26 , 2016, by and between Contura Energy, Inc., a Delaware corporation (the "Company"), and ______________ (the "Indemnitee").

ASSET PURCHASE AGREEMENT dated as of July 26, 2016 among CONTURA ENERGY, INC., ALPHA NATURAL RESOURCES, INC., THE SUBSIDIARIES OF ALPHA NATURAL RESOURCES, INC. LISTED ON SCHEDULE A HERETO, ANR, INC. and ALPHA NATURAL RESOURCES, INC., AS SELLERS’...
Asset Purchase Agreement • August 21st, 2018 • Contura Energy, Inc. • Bituminous coal & lignite surface mining • Delaware

ASSET PURCHASE AGREEMENT (this “Agreement”), dated as of July 26, 2016 (the “Effective Date”), by and among Contura Energy, Inc., a Delaware corporation (“Buyer”), Alpha Natural Resources, Inc., a Delaware corporation (“Alpha Natural Resources”), the Subsidiaries (as hereinafter defined) of Alpha Natural Resources set forth on Schedule A (collectively, the “ANR Subsidiaries”, and together with Alpha Natural Resources, the “Sellers”), Alpha Natural Resources, as Sellers’ Representative (“Sellers’ Representative”), and ANR, Inc., a Delaware corporation (“ReorgCo”). The Sellers, Buyer (and any Designated Buyers), Sellers’ Representative and ReorgCo are referred to herein individually as a “Party” and collectively as the “Parties”.

ASSET-BASED REVOLVING CREDIT AGREEMENT
Asset-Based Revolving Credit Agreement • August 21st, 2018 • Contura Energy, Inc. • Bituminous coal & lignite surface mining • New York

This ASSET-BASED REVOLVING CREDIT AGREEMENT (this “Agreement”) is entered into as of April 3, 2017 among each of Contura Energy, Inc., Contura Energy, LLC, Emerald Contura, LLC, Dickenson-Russell Contura, LLC, Nicholas Contura, LLC, Contura Mining Holding, LLC, Contura Coal Resources, LLC, Contura Wyoming Land, LLC, Contura Coal Sales, LLC, Contura Energy Services, LLC, Power Mountain Contura, LLC, Cumberland Contura, LLC, Contura Pennsylvania Land, LLC, Contura Freeport, LLC, Contura European Marketing, LLC, Paramont Contura, LLC, Contura Pennsylvania Terminal, LLC, Contura Capp Land, LLC, Contura Coal West, LLC and Contura Terminal, LLC (collectively, the “Borrowers”), each Guarantor party hereto, each lender from time to time party hereto, CITIBANK, N.A., as administrative agent and collateral agent (in such capacities, the “Administrative Agent”), CITIBANK, N.A., as Swingline Lender, and CITIBANK, N.A., BMO HARRIS BANK N.A. and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as L/C Issuer

PERMITTING AND RECLAMATION PLAN SETTLEMENT AGREEMENT FOR THE COMMONWEALTH OF VIRGINIA
Agreement • August 21st, 2018 • Contura Energy, Inc. • Bituminous coal & lignite surface mining

THIS AGREEMENT (as it may be amended or modified from time to time, this "Agreement") is made and entered into as of July 12, 2016, by and among Alpha Natural Resources, Inc. ("ANR"), on behalf of itself and its debtor-affiliates (collectively with ANR, the "Debtors" or, when used in reference to such Debtors on or after the Effective Date (as defined herein, the "Reorganized Debtors"), Contura Energy, Inc. (the "Purchaser") and the Commonwealth of Virginia, Department of Mines, Minerals and Energy (the "Department" and, collectively with the Debtors and the Purchaser, the "Parties").

TRANSITION SERVICES AGREEMENT
Transition Services Agreement • August 21st, 2018 • Contura Energy, Inc. • Bituminous coal & lignite surface mining

THIS SECOND AMENDMENT TO TRANSITION SERVICES AGREEMENT (this “Amendment”) is entered into effective as of October 20, 2016, by and among Contura Energy, Inc., a Delaware corporation (“Contura Energy”), Old ANR, LLC (formerly Alpha Natural Resources, Inc.) (“Alpha Natural Resources”), and ANR, Inc., a Delaware corporation (“ANR”) (each a “Party” and together, the “Parties.”)

LOAN AGREEMENT dated as of July 26, 2016 by and between ANR, INC. as Borrower and CONTURA ENERGY, INC. as Lender
Loan Agreement • August 21st, 2018 • Contura Energy, Inc. • Bituminous coal & lignite surface mining • New York

THIS LOAN AGREEMENT is made as of the 26 day of July, 2016, by and among ANR, Inc., a Delaware corporation (“Borrower”), the Guarantors (as hereinafter defined) party hereto and Contura Energy, Inc. (“Lender”).

FIRST AMENDMENT TO TRANSITION SERVICES AGREEMENT
Transition Services Agreement • August 21st, 2018 • Contura Energy, Inc. • Bituminous coal & lignite surface mining

THIS FIRST AMENDMENT TO TRANSITION SERVICES AGREEMENT (this “First Amendment”) is entered into on August 26, 2016, but effective as of July 26, 2016, by and among Contura Energy, Inc., a Delaware corporation (“Contura Energy”), Old ANR, LLC (formerly Alpha Natural Resources, Inc.) (“Alpha Natural Resources”), and ANR, Inc., a Delaware corporation (“ANR”) (each a “Party” and together, the “Parties.”)

PERMITTING AND RECLAMATION PLAN SETTLEMENT AGREEMENT FOR THE COMMONWEALTH OF KENTUCKY
Agreement • August 21st, 2018 • Contura Energy, Inc. • Bituminous coal & lignite surface mining

THIS AGREEMENT (as it may be amended or modified from time to time, this “Settlement Agreement”) is made and entered into as of July 12, 2016, by and among Alpha Natural Resources, Inc. (“ANR”), on behalf of itself and its debtor-affiliates (collectively with ANR, the “Debtors” or, when used in reference to such Debtors on or after the Effective Date (as defined herein), the “Reorganized Debtors”), Contura Energy, Inc. (the “Purchaser”) and the Kentucky Energy and Environment Cabinet, Department for Natural Resources (the “Department” and, collectively with the Debtors and the Purchaser, the “Parties”).

SETTLEMENT AGREEMENT
Settlement Agreement • August 21st, 2018 • Contura Energy, Inc. • Bituminous coal & lignite surface mining

THIS SETTLEMENT AGREEMENT (this “Agreement”), dated as of November 3, 2016 (but effective only as of the Settlement Effective Time, as defined below), is by and among (i) Contura Energy, Inc., a Delaware corporation (“Contura”), for itself and on behalf of its Subsidiaries; (ii) ANR, Inc., a Delaware corporation (“ANR” and, together with the Sellers, Alpha Natural Resources Holdings, Inc. and any Subsidiary of ANR that is not a Seller (as such terms are defined in the APA (as defined below)), the “Reorganized Debtors”), for itself and on behalf of all the Reorganized Debtors, including Old ANR, LLC f/k/a Alpha Natural Resources, Inc. (“Old ANR”); and (iii) Old ANR on behalf of itself and on behalf of all of the Sellers in its capacity as Sellers’ Representative (as such term is defined in the APA).

EMPLOYMENT AGREEMENT
Employment Agreement • August 21st, 2018 • Contura Energy, Inc. • Bituminous coal & lignite surface mining • Virginia

This Employment Agreement (“Agreement”), dated this 26th day of July, 2016 (the “Effective Date”), is entered into by and between Contura Energy, Inc., on behalf of itself and its parent entities, subsidiaries and affiliates as may employ Employee from time to time (collectively, “Employer”), and Kevin S. Crutchfield (the “Employee”). Defined terms used herein are set forth in Section 7.13.

THIRD AMENDMENT TO TRANSITION SERVICES AGREEMENT
Transition Services Agreement • August 21st, 2018 • Contura Energy, Inc. • Bituminous coal & lignite surface mining

THIS THIRD AMENDMENT TO TRANSITION SERVICES AGREEMENT (this “Amendment”) is entered into effective as of February 22, 2017, by and among Contura Energy, Inc., a Delaware corporation (“Contura Energy”), Old ANR, LLC (formerly Alpha Natural Resources, Inc.) (“Alpha Natural Resources”), and ANR, Inc., a Delaware corporation (“ANR”) (each a “Party” and together, the “Parties.”)

RECLAMATION FUNDING AGREEMENT
Reclamation Funding Agreement • August 21st, 2018 • Contura Energy, Inc. • Bituminous coal & lignite surface mining

THIS AGREEMENT (as it may be amended or modified from time to time, this “Reclamation Funding Agreement”) is made and entered into as of July 12, 2016, by and among: Alpha Natural Resources, Inc. (“ANR”), on behalf of itself and its debtor-affiliates (collectively with ANR, the “Debtors” or, when used in reference to such Debtors on or after the Effective Date (as defined herein), the “Reorganized Debtors”); Contura Energy, Inc. (the “Purchaser”); the Illinois Department of Natural Resources; the Kentucky Energy and Environment Cabinet, Department for Natural Resources; the United States Department of the Interior, Office of Surface Mining, Reclamation and Enforcement, in its capacity as the regulatory authority over surface mining operations in the State of Tennessee (“OSMRE”); the Virginia Department of Mines, Minerals and Energy; and the West Virginia Department of Environmental Protection (collectively, the “Regulatory Authorities” and, together with the Debtors and the Purchaser,

Contura Energy, Inc. RESTRICTED SHARE AGREEMENT
Restricted Share Agreement • August 21st, 2018 • Contura Energy, Inc. • Bituminous coal & lignite surface mining • Delaware

This Restricted Share Agreement (the “Agreement”) is entered into by and between Contura Energy, Inc. (the “Company”) and the individual whose name appears below (the “Employee”) in order to set forth the terms and conditions of Restricted Shares granted to the Employee under the Contura Energy, Inc. Management Incentive Plan (the “Plan”).

TRANSITION SERVICES AGREEMENT
Transition Services Agreement • August 21st, 2018 • Contura Energy, Inc. • Bituminous coal & lignite surface mining • Delaware

THIS TRANSITION SERVICES AGREEMENT (this “Agreement”) is entered into as of July 26, 2016, by and among Contura Energy, Inc., a Delaware corporation (“Contura Energy”), Alpha Natural Resources, Inc., a Delaware corporation (“Alpha Natural Resources”), and ANR, Inc., a Delaware corporation (“ANR”), each a “Party” and together, the “Parties.”

PERMITTING AND RECLAMATION PLAN SETTLEMENT AGREEMENT FOR THE STATE OF ILLINOIS
Agreement • August 21st, 2018 • Contura Energy, Inc. • Bituminous coal & lignite surface mining

THIS AGREEMENT (as it may be amended or modified from time to time, this "Settlement Agreement") is made and entered into as of July 12, 2016, by and among Alpha Natural Resources, Inc. ("ANR"), on behalf of itself and its debtor-affiliates (collectively with ANR, the "Debtors" or, when used in reference to such Debtors on or after the Effective Date (as defined herein), the "Reorganized Debtors"), Contura Energy, Inc. (the "Purchaser") and the Illinois Department of Natural Resources (the "Department" and, collectively with the Debtors and the Purchaser, the "Parties").

SETTLEMENT AGREEMENT
Settlement Agreement • August 21st, 2018 • Contura Energy, Inc. • Bituminous coal & lignite surface mining • Tennessee

THIS AGREEMENT (as it may be amended or modified from time to time, this "Settlement Agreement") is made and entered into as of July 12, 2016, by and among: (a) Alpha Natural Resources, Inc. ("ANR"), on behalf of itself and its debtor-affiliates (collectively with ANR, the "Debtors" or, when used in reference to such Debtors on or after the Effective Date (as defined herein), the "Reorganized Debtors"); (b) Contura Energy, Inc. (the "Purchaser"); (c) Citicorp North America, Inc. (the "First Lien Agent"); (d) the United States Department of the Interior (the "Department" and, collectively with the Debtors and the Purchaser, the "Parties"), on behalf of (i) the Office of Surface Mining, Reclamation and Enforcement ("OSMRE"), including in its capacity as the regulatory authority over surface mining operations in the State of Tennessee ("Tennessee"), (ii) the Office of Natural Resources Revenue ("ONRR") and (iii) the Bureau of Land Management ("BLM").

FIRST AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • August 21st, 2018 • Contura Energy, Inc. • Bituminous coal & lignite surface mining • New York

THIS FIRST AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is made and entered into as of June 13, 2017, by and among CONTURA ENERGY, INC., a Delaware corporation (the “Borrower”), each of the Guarantors (as defined in the Credit Agreement referred to below), the Lenders (as defined below) that are parties hereto, and JEFFERIES FINANCE LLC, in its capacity as administrative agent (the “Administrative Agent”) and collateral agent (the “Collateral Agent”) for the Lenders.

Contura Energy, Inc. OPTION AGREEMENT
Option Agreement • August 21st, 2018 • Contura Energy, Inc. • Bituminous coal & lignite surface mining • Delaware

This Option Agreement is entered into by and between Contura Energy, Inc. (the “Company”) and the individual whose name appears below (the “Employee”) in order to set forth the terms and conditions of Options granted to the Employee under the Contura Energy, Inc. Management Incentive Plan (the “Plan”). The Options are NOT intended to qualify as “incentive stock options” under Section 422 of the Code and therefore shall be treated as “non-qualified stock options”.

AGREEMENT TO FUND THE VEBA
Agreement • August 21st, 2018 • Contura Energy, Inc. • Bituminous coal & lignite surface mining

This Agreement (the “Agreement”) to fund a voluntary employees’ beneficiary association to provide health benefits for certain UMWA-represented retired miners is entered into on July 5th, 2016, by and among Contura Energy, Inc. (“Employer”), on behalf of itself and as authorized agent for each of its subsidiaries that is signatory to a 2016 Coal Wage Agreement (as defined below) (hereinafter, the “Obligor Companies”) and the United Mine Workers of America (the “UMWA,” and collectively with Employer, the “Parties”).

WARRANT AGREEMENT Dated as of July 26, 2016 between CONTURA ENERGY, INC. and COMPUTERSHARE INC. and COMPUTERSHARE TRUST COMPANY, N.A. Collectively, as Warrant Agent For 810,811 Series A Warrants
Warrant Agreement • August 21st, 2018 • Contura Energy, Inc. • Bituminous coal & lignite surface mining • New York

This WARRANT AGREEMENT is dated as of July 26, 2016 (this “Agreement”), among Contura Energy, Inc., a Delaware corporation (the “Company”), and Computershare Inc. (“Computershare”) and Computershare Trust Company, N.A., collectively as Warrant Agent (collectively, the “Warrant Agent”). All terms used but not defined in this Agreement shall have the respective meanings assigned to them in the form of Warrant Certificate attached to this Agreement as Exhibit A.

FIRST AMENDMENT TO ASSET-BASED REVOLVING CREDIT AGREEMENT
Revolving Credit Agreement • August 21st, 2018 • Contura Energy, Inc. • Bituminous coal & lignite surface mining • New York

THIS FIRST AMENDMENT TO ASSET-BASED REVOLVING CREDIT AGREEMENT (this “Amendment”) is made and entered into as of June 9, 2017, by and among CONTURA ENERGY, INC., a Delaware corporation (the “Company”), certain subsidiaries of the Company identified as borrowers under the Credit Agreement referred to below (together with the Company, each a “Borrower” and collectively, the “Borrowers”), the Lenders (as defined below) that are parties hereto, and CITIBANK, N.A., in its capacity as administrative agent (the “Administrative Agent”) and collateral agent (the “Collateral Agent”) for the Lenders.

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Contura Energy, Inc. EMERGENCE AWARD AGREEMENT
Emergence Award Agreement • August 21st, 2018 • Contura Energy, Inc. • Bituminous coal & lignite surface mining • Delaware

This Emergence Award Agreement is entered into by and between Contura Energy, Inc. (the “Company”) and the Employee of the Company whose name appears below (the “Employee”) in order to set forth the terms and conditions of shares of common stock of the Company (“Shares”) and Options granted to the Employee under the Contura Energy, Inc. Management Incentive Plan (the “Plan”). To the extent permissible under applicable law, this Option is intended to qualify as an “incentive stock option” under Section 422 of the Code, and otherwise shall be treated as a “non-qualified stock option.”

AMENDED STIPULATION REGARDING
Water Treatment Obligations • August 21st, 2018 • Contura Energy, Inc. • Bituminous coal & lignite surface mining

THIS AMENDED STIPULATION is made and entered into as of October 23, 2017 (the “Effective Date”) by and among: (a) ANR, Inc., on behalf of itself and its debtor-affiliates (collectively “ANR”; (b) Lexington Coal Company, LLC (the “Purchaser”); and (c) the United States Environmental Protection Agency (“EPA”); collectively, the “Parties”).

PERMIT OPERATING AGREEMENT
Permit Operating Agreement • August 21st, 2018 • Contura Energy, Inc. • Bituminous coal & lignite surface mining

THIS PERMIT OPERATING AGREEMENT (“Permit Agreement”) is dated _________________, 2017, and is made and entered into by and between CONTURA COAL WEST, LLC, a Delaware limited liability company (“Transferor”), and BLACKJEWEL L.L.C., a Delaware limited liability company (“Transferee”).

FIRST AMENDMENT TO PERMITTING AND RECLAMATION PLAN SETTLEMENT AGREEMENT FOR THE COMMONWEALTH OF VIRGINIA
Permitting and Reclamation Plan Settlement Agreement • August 21st, 2018 • Contura Energy, Inc. • Bituminous coal & lignite surface mining

THIS AMENDMENT (this “First Amendment”) is made and entered into this 23rd of October, 2017 (the “Effective Date”), by and among ANR, Inc. on behalf of itself and its affiliates, including Old ANR, LLC (f/k/a Alpha Natural Resources, Inc.) (collectively (“ANR”), Contura Energy, Inc. (“Contura”) and the Virginia Department of Mines, Minerals and Energy (the “Department” and collectively with ANR and Contura, the “Parties”);

AMENDED RECLAMATION FUNDING AGREEMENT
Reclamation Funding Agreement • August 21st, 2018 • Contura Energy, Inc. • Bituminous coal & lignite surface mining

THIS AMENDED RECLAMATION FUNDING AGREEMENT (as it may be amended or modified from time to time, this "Amended Reclamation Funding Agreement") is made and entered into as of October 23, 2017, by and among: ANR, Inc. ("ANR"), on behalf of itself and its affiliates; Lexington Coal Company, L.L.C. (the "Purchaser"); Contura Energy, Inc. (“Contura”); the Illinois Department of Natural Resources (“IDNR”); the Kentucky Energy and Environment Cabinet, Department for Natural Resources (“KYEEC”); the United States Department of the Interior, Office of Surface Mining, Reclamation and Enforcement, in its capacity as the regulatory authority over surface mining operations in the State of Tennessee ("OSMRE"); the Virginia Department of Mines, Minerals and Energy (“VDMME”); and the West Virginia Department of Environmental Protection (“WVDEP”) (collectively, the "Regulatory Authorities" and, together with ANR, Contura and the Purchaser, the "Parties").

AMENDMENT TO
Contura Energy, Inc. • August 21st, 2018 • Bituminous coal & lignite surface mining

THIS AMENDMENT (this “Amendment”) to the Permitting and Reclamation Plan Settlement Agreement for the State of West Virginia (as it may be amended or modified from time to time, the "Settlement Agreement") is made and entered into as of July 25, 2016, by and among Alpha Natural Resources, Inc. ("ANR"), on behalf of itself and its debtor-affiliates (collectively with ANR, the "Debtors" or, when used in reference to such Debtors on or after the Effective Date (as defined herein), the "Reorganized Debtors"), Contura Energy, Inc. (the "Purchaser") and the West Virginia Department of Environmental Protection (the "Department" and, collectively with the Debtors and the Purchaser, the "Parties").

ASSET PURCHASE AGREEMENT
Asset Purchase Agreement • August 21st, 2018 • Contura Energy, Inc. • Bituminous coal & lignite surface mining • Delaware

This ASSET PURCHASE AGREEMENT (the “Agreement”) is made and entered into as of December [7], 2017, by and among Blackjewel L.L.C., a Delaware limited liability company (the “Purchaser”), Contura Coal West, LLC, a Delaware limited liability company, Contura Wyoming Land, LLC, a Delaware limited liability company, and Contura Coal Sales, LLC, a Delaware limited liability company (collectively, “Seller”; references to the Seller herein shall, as the context requires, be deemed to be references to all entities comprising the Seller collectively or to a given entity comprising the Seller individually), solely for purposes of Section ‎8.5(a) and Section ‎8.8, Contura Energy Services, LLC, a Delaware limited liability company, and, solely for purposes of Section ‎12.6, Contura Energy, Inc., a Delaware corporation.

FOURTH AMENDMENT TO TRANSITION SERVICES AGREEMENT
Transition Services Agreement • August 21st, 2018 • Contura Energy, Inc. • Bituminous coal & lignite surface mining

THIS FOURTH AMENDMENT TO TRANSITION SERVICES AGREEMENT (this “Amendment” or “Fourth Amendment”) is entered into on December 19, 2017, to be effective as of January 1, 2018, by and among Contura Energy, Inc., a Delaware corporation (“Contura Energy”), Old ANR, LLC (formerly Alpha Natural Resources, Inc.) (“Alpha Natural Resources”), and ANR, Inc., a Delaware corporation (“ANR”) (each a “Party” and together, the “Parties.”)

ROYALTY AGREEMENT
Royalty Agreement • August 21st, 2018 • Contura Energy, Inc. • Bituminous coal & lignite surface mining • Wyoming

This Royalty Agreement (the “Agreement”), effective as of _____________, 2017 (the “Effective Date”), is by and between Blackjewel L.L.C., a Delaware limited liability company (the “Purchaser”), party of the first part, and Contura Coal West, LLC, a Delaware limited liability company, and Contura Wyoming Land, LLC, a Delaware limited liability company (collectively, “Seller”), party of the second part.

SECOND AMENDMENT TO PERMITTING AND RECLAMATION PLAN SETTLEMENT AGREEMENT FOR THE STATE OF WEST VIRGINIA
Contura Energy, Inc. • August 21st, 2018 • Bituminous coal & lignite surface mining • West Virginia

THIS AMENDMENT (this "Second Amendment") is made and entered into as of October 23, 2017, by and among ANR, Inc., on behalf of itself and its affiliates (“ANR”), and the West Virginia Department of Environmental Protection (the "Department" and, collectively with ANR, the "Parties").

AGREEMENT AND PLAN OF MERGER BETWEEN CONTURA ENERGY, INC., ALPHA NATURAL RESOURCES HOLDINGS, INC., ANR, INC., PRIME ACQUISITION I, INC., AND PRIME ACQUISITION II, INC. Dated as of April 29, 2018
Agreement and Plan of Merger • August 21st, 2018 • Contura Energy, Inc. • Bituminous coal & lignite surface mining • Delaware

AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of April 29, 2018, by and between ANR, Inc., a Delaware corporation (“ANR”), Alpha Natural Resources Holdings, Inc., a Delaware corporation (“Holdings”, and together with ANR, the “Alpha Parties”), Contura Energy, Inc., a Delaware corporation (“Contura”), Prime Acquisition I, Inc., a Delaware corporation and wholly owned Subsidiary of Contura (“MergerSub 1”), and Prime Acquisition II, Inc., a Delaware corporation and wholly owned Subsidiary of MergerSub 1 (“MergerSub 2”).

TERMINATION AGREEMENT
Termination Agreement • August 21st, 2018 • Contura Energy, Inc. • Bituminous coal & lignite surface mining • Kentucky

THIS TERMINATION AGREEMENT is made and entered into this 23rd of October, 2017 (the “Effective Date”), by and among Alpha Natural Resources (“ANR”), on behalf of itself and its affiliates, Contura Energy, Inc. (“Contura”) and the Kentucky Energy and Environmental Cabinet, Department for Natural Resources (the “Department” and collectively with ANR and Contura, the “Parties”);

FIRST AMENDMENT TO PERMITTING AND RECLAMATION PLAN SETTLEMENT AGREEMENT FOR THE STATE OF ILLINOIS
Permitting and Reclamation Plan Settlement Agreement • August 21st, 2018 • Contura Energy, Inc. • Bituminous coal & lignite surface mining • Illinois

THIS AMENDMENT (this “First Amendment”) is made and entered into this 23rd of October, 2017 (the “Effective Date”), by and among Alpha Natural Resources, Inc. (“ANR”), on behalf of itself and its affiliates, Contura Energy, Inc. (“Contura”) and Illinois Department of Natural Resources (the “Department” and collectively with ANR and Contura, the “Parties”);

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