Lignite Sales Agreement Sample Contracts

LIGNITE SALES AGREEMENT between
Lignite Sales Agreement • March 20th, 2013 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers • Texas

This Lignite Sales Agreement (this “Agreement”) is entered into and effective as of April 1, 1998, by and between Mississippi Lignite Mining Company, a Texas joint venture between Phillips Coal Company and The North American Coal Corporation (hereafter referred to as “Seller”), authorized to do business in the State of Mississippi, and Choctaw Generation Limited Partnership (hereafter referred to as “Buyer”), a Delaware limited partnership authorized to do business in the State of Mississippi (collectively, the “Parties”).

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Standard Contracts

AMENDMENT NO. 1 TO LIGNITE SALES AGREEMENT, SETTLEMENT AGREEMENT AND RELEASE
Lignite Sales Agreement • March 6th, 2019 • Nacco Industries Inc • Household appliances • Texas

This Amendment No. 1 to Lignite Sales Agreement, Settlement Agreement and Release (“Agreement”), between Mississippi Lignite Mining Company, a Texas joint venture (“Seller”), and Choctaw Generation Limited Partnership, LLLP, a Delaware limited liability limited partnership (“CGLP”), is effective November 16, 2018.

LIGNITE SALES AGREEMENT
Lignite Sales Agreement • February 27th, 2013 • Otter Tail Corp • Electric services • North Dakota

THIS LIGNITE SALES AGREEMENT (this “Agreement”) is made and entered into as of the 10th day of October, 2012 (the “Effective Date”), between COYOTE CREEK MINING COMPANY, L.L.C., a Nevada limited liability company (“Seller”), and OTTER TAIL POWER COMPANY, a Minnesota corporation (“Otter Tail”), NORTHERN MUNICIPAL POWER AGENCY, a political subdivision and municipal corporation of the State of Minnesota (“Northern Municipal”), MONTANA-DAKOTA UTILITIES CO., a division of MDU Resources Group, Inc., a Delaware corporation (“Montana-Dakota”), and NORTHWESTERN CORPORATION, a Delaware corporation doing business as NorthWestern Energy (“NorthWestern” and, together with Otter Tail, Northern Municipal and Montana-Dakota, the “Utilities” and collectively, “Buyer”).

KMRC RH, LLC
Lignite Sales Agreement • March 9th, 2015 • Nacco Industries Inc • Household appliances • Texas

Reference is made to (i) the Lignite Sales Agreement (the “Producer Coal Supply Agreement”), dated February 28, 2013, between Mississippi Lignite Mining Company (“MLMC”) and KMRC RH, LLC (“KMRC”) and (ii) the Blocked Account Control Agreement, dated February 19, 2013, by and among KMRC, MLMC and JPMorgan Chase, N.A. (the “Control Agreement”) All capitalized terms used herein but not defined have the meanings set forth in the Producer Coal Supply Agreement.

Choctaw Generation Limited Partnership, LLLP
Lignite Sales Agreement • November 1st, 2016 • Nacco Industries Inc • Household appliances • Texas

Reference is made to the Lignite Sales Agreement (the “LSA”), dated April 1, 1998, as amended, between Mississippi Lignite Mining Company (“MLMC”), a Texas joint venture between The North American Coal Corporation (“NAC”) and Red Hills Property Company LLC (“RHPC”), and Choctaw Generation Limited Partnership, LLLP (“CGLP”). All capitalized terms used herein but not defined have the meanings set forth in the LSA. The amendments to the LSA are set forth on Schedule I.

FIRST AMENDMENT TO LIGNITE SALES AGREEMENT
Lignite Sales Agreement • January 31st, 2014 • Otter Tail Corp • Electric services

THIS FIRST AMENDMENT TO LIGNITE SALES AGREEMENT (“Amendment”) is made and entered into as of the 30th day of January, 2014, among COYOTE CREEK MINING COMPANY, L.L.C., a Nevada limited liability company (“Seller”), and OTTER TAIL POWER COMPANY, a Minnesota corporation (“Otter Tail”), NORTHERN MUNICIPAL POWER AGENCY, a political subdivision and municipal corporation of the State of Minnesota (“Northern Municipal”), MONTANA-DAKOTA UTILITIES CO., a division of MDU Resources Group, Inc., a Delaware corporation (“Montana-Dakota”), and NORTHWESTERN CORPORATION, a Delaware corporation doing business as NorthWestern Energy (“NorthWestern” and, together with Otter Tail, Northern Municipal and Montana-Dakota, the “Utilities” and collectively, “Buyer”).

FIRST AMENDMENT TO LIGNITE SALES AGREEMENT
Lignite Sales Agreement • January 30th, 2014 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers

THIS FIRST AMENDMENT TO LIGNITE SALES AGREEMENT (“Amendment”) is made and entered into as of the 30th day of January, 2014, among COYOTE CREEK MINING COMPANY, L.L.C., a Nevada limited liability company (“Seller”), and OTTER TAIL POWER COMPANY, a Minnesota corporation (“Otter Tail”), NORTHERN MUNICIPAL POWER AGENCY, a political subdivision and municipal corporation of the State of Minnesota (“Northern Municipal”), MONTANA-DAKOTA UTILITIES CO., a division of MDU Resources Group, Inc., a Delaware corporation (“Montana-Dakota”), and NORTHWESTERN CORPORATION, a Delaware corporation doing business as NorthWestern Energy (“NorthWestern” and, together with Otter Tail, Northern Municipal and Montana-Dakota, the “Utilities” and collectively, “Buyer”).

Contract
Lignite Sales Agreement • February 25th, 2022

In instances where the determination of the fair value measurement is based on inputs from different levels within the hierarchy, the level in the hierarchy within which the entire fair value measurement falls is based on the lowest level input that is significant to the fair value measurement in its entirety.

LIGNITE SALES AGREEMENT
Lignite Sales Agreement • March 6th, 2013 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers • North Dakota

THIS LIGNITE SALES AGREEMENT (this “Agreement”) is made and entered into as of the 10th day of October, 2012 (the “Effective Date”), between COYOTE CREEK MINING COMPANY, L.L.C., a Nevada limited liability company (“Seller”), and OTTER TAIL POWER COMPANY, a Minnesota corporation (“Otter Tail”), NORTHERN MUNICIPAL POWER AGENCY, a political subdivision and municipal corporation of the State of Minnesota (“Northern Municipal”), MONTANA-DAKOTA UTILITIES CO., a division of MDU Resources Group, Inc., a Delaware corporation (“Montana-Dakota”), and NORTHWESTERN CORPORATION, a Delaware corporation doing business as NorthWestern Energy (“NorthWestern” and, together with Otter Tail, Northern Municipal and Montana-Dakota, the “Utilities” and collectively, “Buyer”).

AGREEMENT
Lignite Sales Agreement • May 5th, 2015 • Nacco Industries Inc • Household appliances • North Dakota

THIS AGREEMENT (“Agreement”) is made and entered into as of March 16, 2015 between The North American Coal Corporation, a Delaware corporation (“NACoal”), and Otter Tail Power Company, a Minnesota corporation (“Otter Tail”), Northern Municipal Power Agency, a political subdivision and municipal corporation of the State of Minnesota (“Northern Municipal”), Montana-Dakota Utilities Co., a division of MDU Resources Group, Inc., a Delaware corporation (“Montana-Dakota”), and Northwestern Corporation, a Delaware corporation doing business as NorthWestern Energy (“NorthWestern” and, together with Otter Tail, Northern Municipal and Montana-Dakota, “Buyer”). All capitalized terms not defined herein shall have the meanings assigned to them in the Lignite Sales Agreement, dated as of October 10, 2012, between Coyote Creek Mining Company, L.L.C., a Nevada limited liability company and subsidiary of NACoal (“Seller”), and Buyer, as amended by First Amendment dated as of January 30, 2014 and as ame

SECOND AMENDMENT TO LIGNITE SALES AGREEMENT
Lignite Sales Agreement • May 5th, 2015 • Nacco Industries Inc • Household appliances

THIS SECOND AMENDMENT TO LIGNITE SALES AGREEMENT (“Amendment”) is made and entered into as of the 16th day of March, 2015, among COYOTE CREEK MINING COMPANY, L.L.C., a Nevada limited liability company (“Seller”), and OTTER TAIL POWER COMPANY, a Minnesota corporation (“Otter Tail”), NORTHERN MUNICIPAL POWER AGENCY, a political subdivision and municipal corporation of the State of Minnesota (“Northern Municipal”), MONTANA-DAKOTA UTILITIES CO., a division of MDU Resources Group, Inc., a Delaware corporation (“Montana-Dakota”), and NORTHWESTERN CORPORATION, a Delaware corporation doing business as NorthWestern Energy (“NorthWestern” and, together with Otter Tail, Northern Municipal and Montana-Dakota, the “Utilities” and collectively, “Buyer”).

Exhibit A Amendment No. 2 to Lignite Sales Agreement, Settlement Agreement and Release [Attached]
Lignite Sales Agreement • March 2nd, 2022 • Nacco Industries Inc • Household appliances • Texas

This Amendment No. 2 to Lignite Sales Agreement, Settlement Agreement and Release (“Agreement”), between Mississippi Lignite Mining Company, a Texas joint venture (“Seller”), and Choctaw Generation Limited Partnership, LLLP, a Delaware limited liability limited partnership (“CGLP”), is effective November 24, 2021 (the “Effective Date”).

SECOND AMENDMENT TO LIGNITE SALES AGREEMENT
Lignite Sales Agreement • March 18th, 2015 • Otter Tail Corp • Electric services

THIS SECOND AMENDMENT TO LIGNITE SALES AGREEMENT (“Amendment”) is made and entered into as of the 16th day of March, 2015, among COYOTE CREEK MINING COMPANY, L.L.C., a Nevada limited liability company (“Seller”), and OTTER TAIL POWER COMPANY, a Minnesota corporation (“Otter Tail”), NORTHERN MUNICIPAL POWER AGENCY, a political subdivision and municipal corporation of the State of Minnesota (“Northern Municipal”), MONTANA-DAKOTA UTILITIES CO., a division of MDU Resources Group, Inc., a Delaware corporation (“Montana-Dakota”), and NORTHWESTERN CORPORATION, a Delaware corporation doing business as NorthWestern Energy (“NorthWestern” and, together with Otter Tail, Northern Municipal and Montana-Dakota, the “Utilities” and collectively, “Buyer”).

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