Second Amendment and Forbearance Agreement Sample Contracts

SECOND AMENDMENT AND FORBEARANCE AGREEMENT
Second Amendment and Forbearance Agreement • March 31st, 2010 • Evergreen Energy Inc • Bituminous coal & lignite surface mining • New York

This Second Amendment and Forbearance Agreement (this "Agreement") is made as of the 12th day of January, 2010 among Evergreen Energy Inc. ("Evergreen"), Evergreen Operations, LLC ("Evergreen Op") and Buckeye Industrial Mining Co. ("Buckeye," together with Evergreen and Evergreen Op, the "Companies" and each individually referred to as a "Company"), Centurion Credit Funding LLC ("Centurion") and Level 3 Capital Fund LP ("Level 3", and together with Centurion, the "Investors").

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