INDEMNIFICATION AGREEMENTIndemnification Agreement • November 13th, 2018 • Contura Energy, Inc. • Bituminous coal & lignite surface mining • Delaware
THIS INDEMNIFICATION AGREEMENT (this "Agreement") is made as of [-], 2018, by and between Contura Energy, Inc., a Delaware corporation (the "Company"), and ______________ (the "Indemnitee").
AMENDED AND RESTATED CREDIT AGREEMENT among CONTURA ENERGY, INC., as the Initial Borrower, and collectively with each other Person who joins in the execution of the Credit Agreement and agrees to be bound as a borrower, as the Borrowers,Credit Agreement • November 13th, 2018 • Contura Energy, Inc. • Bituminous coal & lignite surface mining • New York
This AMENDED AND RESTATED CREDIT AGREEMENT (as amended, amended and restated, restated, supplemented or otherwise modified from time to time, the “Agreement”) is entered into as of November 9, 2018, among CONTURA ENERGY, INC., a Delaware corporation (“Contura” or the “Initial Borrower” and together with each other Person who becomes a borrower pursuant to a Borrower Joinder and Assumption each individually, a “Borrower” and collectively, the “Borrowers”), 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.
Contura Energy, Inc. FORM OF RESTRICTED STOCK UNIT AWARD AGREEMENT (For Employees)Restricted Stock Unit Award Agreement • November 13th, 2018 • Contura Energy, Inc. • Bituminous coal & lignite surface mining • Delaware
This Restricted Stock Unit Award Agreement (“Agreement”) is entered into by and between Contura Energy, Inc. (the “Company”) and the participant whose name appears below (the “Participant”) in order to set forth the terms and conditions of Restricted Stock Units (the “RSUs”) granted to the Participant under the Contura Energy, Inc. 2018 Long-Term Incentive Plan (the “Plan”).
AMENDED AND RESTATED ASSET-BASED REVOLVING CREDIT AGREEMENT Dated as of November 9, 2018 among CONTURA ENERGY, INC. and certain of its Subsidiaries, as the Borrowers THE GUARANTORS PARTY HERETO CITIBANK, N.A., as Administrative Agent CITIBANK, N.A.,...Asset-Based Revolving Credit Agreement • November 13th, 2018 • Contura Energy, Inc. • Bituminous coal & lignite surface mining • New York
This AMENDED AND RESTATED ASSET-BASED REVOLVING CREDIT AGREEMENT (this “Agreement”) is entered into as of November 9, 2018 among each of Contura Energy, Inc. (the “Company”), each of the other Borrowers listed on Schedule 1.01(c)(i) hereto (collectively, the “Initial Borrowers” and together with each other Person who becomes a borrower pursuant to an Assumption Agreement, each individually, a “Borrower” and collectively, the “Borrowers”); provided that, the ANR Entities are Initial Borrowers immediately upon consummation of the ANR Acquisition, each Guarantor party hereto, each lender from time to time party hereto, Citibank, N.A. (together with any of its designated affiliates, “Citi”), as administrative agent and collateral agent (in such capacities, the “Administrative Agent”), Citi, as Swingline Lender, and Citi, Barclays Bank PLC, BMO Harris Bank N.A. and Credit Suisse AG, Cayman Islands Branch, as L/C Issuers.
AMENDED AND RESTATED PLEDGE AND SECURITY AGREEMENT among CONTURA ENERGY, INC., each Subsidiary of Contura Energy, Inc. identified herein, and CITIBANK, N.A., as Collateral Agent Dated as of November 9, 2018Pledge and Security Agreement • November 13th, 2018 • Contura Energy, Inc. • Bituminous coal & lignite surface mining • New York
AMENDED AND RESTATED PLEDGE AND SECURITY AGREEMENT, dated as of November 9, 2018 (the “Execution Date”), amending and restating that certain Pledge and Security Agreement, dated as of April 3, 2017 (the “Existing Security Agreement”), among Contura Energy, Inc., a Delaware corporation (the “Company”), each Subsidiary of the Borrower signatory hereto (together with any other Subsidiary of the Company that may become a party hereto as provided herein, each a “Subsidiary Party” and, together with the Company, the “Grantors”), and Citibank, N.A., as collateral agent for the Secured Parties (as herein defined) (in such capacity, the “Collateral Agent”).
AMENDED AND RESTATED PLEDGE AND SECURITY AGREEMENTamongCONTURA ENERGY, INC.,each Subsidiary of Contura Energy, Inc. from time to time party hereto,andJEFFERIES FINANCE LLC, as Collateral AgentDated as of November 9, 2018Control Agreement • November 13th, 2018 • Contura Energy, Inc. • Bituminous coal & lignite surface mining • New York
AMENDED AND RESTATED PLEDGE AND SECURITY AGREEMENT, dated as of November 9, 2018 (the “Execution Date”), among Contura Energy, Inc., a Delaware corporation (“Contura”), each Subsidiary of Contura signatory hereto (together with Contura and any other Subsidiary of Contura that may become a party hereto as provided herein, the “Grantors”), and Jefferies Finance LLC, as collateral agent for the Secured Parties (in such capacity, the “Collateral Agent”).
TERM SHEETTerm Sheet • November 13th, 2018 • Contura Energy, Inc. • Bituminous coal & lignite surface mining
This term sheet (the “Agreement”) dated as of November 6, 2018 sets forth the terms of agreement among ANR, Inc. (“ANR”), Alpha Natural Resources Holdings, Inc. (“Holdings”), Contura Energy, Inc. (“Contura”) and the West Virginia Department of Environmental Protection (“WVDEP”) (hereinafter, collectively, the “Parties”) to fully and finally resolve the issues relating to ANR’s issuance of a dividend in connection with its impending merger with Contura. The terms and conditions described herein are part of a comprehensive agreement, each element of which is consideration for the other elements and is an integral aspect of such agreement. The Parties agree that the Agreement reflected herein shall be effective immediately.
Contura Energy, Inc. FORM OF NON-EMPLOYEE DIRECTOR RESTRICTED STOCK UNIT AWARD AGREEMENTRestricted Stock Unit Award Agreement • November 13th, 2018 • Contura Energy, Inc. • Bituminous coal & lignite surface mining • Delaware
This Non-Employee Director Restricted Stock Unit Award Agreement (“Agreement”) is entered into by and between Contura Energy, Inc. (the “Company”) and the non-employee director whose name appears below (the “Director”) in order to set forth the terms and conditions of Restricted Stock Units (the “RSUs”) granted to the Director under the Contura Energy, Inc. 2018 Long-Term Incentive Plan (the “Plan”).
AMENDED AND RESTATED GUARANTY AGREEMENT made among the Guarantors from time to time party hereto andGuaranty Agreement • November 13th, 2018 • Contura Energy, Inc. • Bituminous coal & lignite surface mining • New York
AMENDED AND RESTATED GUARANTY AGREEMENT, dated as of November 9, 2018, among each of the signatories hereto designated as a Guarantor on the signature pages hereto (together with any other entity that may become a party hereto as a Guarantor as provided herein) (each a “Guarantor” and collectively, the “Guarantors”) and JEFFERIES FINANCE LLC, as Administrative Agent (in such capacity and together with its successors and assigns in such capacity, the “Agent”) for (i) the banks and other financial institutions or entities (the “Lenders”) from time to time party to the Amended and Restated Credit Agreement, dated as of November 9, 2018 (as amended, restated, amended and restated, extended, supplemented or otherwise modified or replaced from time to time, the “Credit Agreement”), among CONTURA ENERGY, INC., a Delaware corporation, each other Person who joins in the execution of the Credit Agreement and agrees to be bound as a borrower, the Lenders and the Agent and (ii) the other Guarantee
