Foundation Coal CORP Sample Contracts

Amendment Number 1 to EMPLOYMENT AGREEMENT
Employment Agreement • November 15th, 2005 • Foundation Coal CORP • Bituminous coal & lignite surface mining

THIS AMENDMENT, is made effective as of November 1, 2005, between Foundation Coal Corporation (the “Company”) and Klaus R. Dieter-Beck (the “Participant”).

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Amendment Number 2 to AMENDED AND RESTATED EMPLOYMENT AGREEMENT Kurt D. Kost
Employment Agreement • August 14th, 2007 • Foundation Coal CORP • Bituminous coal & lignite surface mining

THIS AMENDMENT, is made effective as of June 18, 2007, by and between Foundation Coal Corporation, a Delaware corporation (the “Company”) and (“Executive”).

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FOUNDATION COAL HOLDINGS, INC. RESTRICTED STOCK UNIT AGREEMENT
Restricted Stock Unit Agreement • August 14th, 2007 • Foundation Coal CORP • Bituminous coal & lignite surface mining • New York

THIS AGREEMENT, is made effective as of June 29, 2007 (the “Award Date”), between Foundation Coal Holdings, Inc. (the “Company”) and Kurt D. Kost (the “Participant”).

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Amendment Number 2 to AMENDED AND RESTATED EMPLOYMENT AGREEMENT James J. Bryja
Employment Agreement • August 14th, 2007 • Foundation Coal CORP • Bituminous coal & lignite surface mining

THIS AMENDMENT, is made effective as of June 18, 2007, by and between Foundation Coal Corporation, a Delaware corporation (the “Company”) and (“Executive”).

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SUPPLEMENT NO. 2 TO THE GUARANTEE AND COLLATERAL AGREEMENT
Guarantee and Collateral Agreement • November 14th, 2007 • Foundation Coal CORP • Bituminous coal & lignite surface mining

SUPPLEMENT NO. 2 dated as of October 5, 2007 (this “Supplement”), to the Guarantee and Collateral Agreement dated as of July 30, 2004 (the “Guarantee and Collateral Agreement”), among FC 2 CORP., a Delaware corporation (“Holdings”), FOUNDATION COAL CORPORATION, a Delaware Corporation (“Acquisition Corp.”), S2 ACQUISITION CORP., a Delaware Corporation (which, on the Closing Date, shall be merged with and into, Foundation PA Coal Company, the “Borrower”), each Domestic Subsidiary of Borrower identified herein (each, a “Subsidiary Party”) and CITICORP NORTH AMERICA, INC. (“CNAI”), as collateral agent (in such capacity, the “Collateral Agent”) for the Secured Parties.

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Amendment Number 1 to NONQUALIFIED STOCK OPTION AGREEMENT
Nonqualified Stock Option Agreement • November 15th, 2005 • Foundation Coal CORP • Bituminous coal & lignite surface mining

WHEREAS, the Company executed a Nonqualified Stock Option Agreement with the Participant dated August 10, 2004 (the “Option Agreement”); and

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FORM OF INDEPENDENT DIRECTOR RESTRICTED STOCK AGREEMENT
Restricted Stock Agreement • May 16th, 2005 • Foundation Coal CORP • Bituminous coal & lignite surface mining • Delaware

THIS AGREEMENT, is made effective as of (the “Date of Grant”), between Foundation Coal Holdings, Inc. (the “Company”) and . (the “Participant”).

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