Forbearance Agreement, Amendment to Waiver and Amendment No. 5 to Credit Agreement Sample Contracts

FORBEARANCE AGREEMENT, AMENDMENT TO WAIVER AND AMENDMENT NO. 5 TO CREDIT AGREEMENT

Forbearance Agreement, Amendment to Waiver and Amendment No. 5 to Credit Agreement • November 7th, 2008 • Energy Coal Resources, Inc. • New York

• Contract Type
  Forbearance Agreement, Amendment to Waiver and Amendment No. 5 to Credit Agreement
• Filed
  November 7th, 2008
• Company
  Energy Coal Resources, Inc.
• Jurisdiction
  New York

This FORBEARANCE AGREEMENT, AMENDMENT TO WAIVER AND AMENDMENT NO. 5 TO CREDIT AGREEMENT, dated as of July 11, 2008 (this “Agreement”), is by and among BOWIE RESOURCES, LLC, a Delaware limited liability company (the “Borrower”), COLORADO HOLDING COMPANY, INC., a Delaware corporation (“CHC”), BOWIE RESOURCES MANAGEMENT PARTNER, LLC, a Nevada limited liability company (“BRMP” and together with CHC sometimes collectively referred to as the “Guarantors,” and the Guarantors, together with the Borrower, collectively, the “Member Parties”), and GENERAL ELECTRIC CAPITAL CORPORATION, as lender (“Lender”) and as Agent for Lender (in such capacity, the “Agent”).