EMPLOYMENT AGREEMENT AS AMENDED AND RESTATEDEmployment Agreement • August 10th, 2009 • Massey Energy Co • Bituminous coal & lignite surface mining • Delaware
THIS EMPLOYMENT AGREEMENT (this “Agreement”), effective as of May 25, 2009 (the “Effective Date”), is made on June 22, 2009 between Massey Energy Company, a Delaware corporation (the “Company”), and Michael K. Snelling (the “Executive”) and amends and restates, and replaces, the Employment Agreement dated May 25, 2009 between the Company and Executive in order to clarify certain terms and provisions thereof. This Agreement replaces and supersedes, as of the Effective Date, the employment agreement between the Company and the Executive effective as of the May 25, 2006 and amended and restated on December 23, 2008 (the “Original Agreement”).
SECOND SUPPLEMENTAL INDENTURESecond Supplemental Indenture • August 10th, 2009 • Massey Energy Co • Bituminous coal & lignite surface mining • New York
WHEREAS, the Issuer, the Guarantors and the Trustee executed that certain Senior Indenture (the “Base Indenture”), dated as of August 12, 2008, as supplemented by that First Supplemental Indenture, dated the same date, each by and among the Issuer, the Guarantors (defined therein) and the Trustee (together with the Base Indenture and as amended and supplemented, the “Indenture”), providing for the issuance of the 3.25% Convertible Senior Notes due 2015 in the principal amount of up to Six Hundred Ninety Million and 00/100 Dollars ($690,000,000).
SECOND SUPPLEMENTAL INDENTURESecond Supplemental Indenture • August 10th, 2009 • Massey Energy Co • Bituminous coal & lignite surface mining • New York
WHEREAS, the Issuer, the Guarantors and the Trustee executed that certain Indenture, (the “Base Indenture”), dated as of November 10, 2003, by and among the Issuer, the Guarantors (defined therein) and the Trustee, as supplemented by that First Supplemental Indenture, dated as of August 19, 2008 (together with the Base Indenture and as amended and supplemented, the “Indenture”), providing for the issuance of the 6.625% Senior Notes due 2010 in the principal amount of up to Three Hundred Sixty Million and 00/100 Dollars ($360,000,000).
THIRD SUPPLEMENTAL INDENTUREThird Supplemental Indenture • August 10th, 2009 • Massey Energy Co • Bituminous coal & lignite surface mining • New York
WHEREAS, the Issuer, the Guarantors and the Trustee executed that certain Indenture (the “Base Indenture”), dated as of May 29, 2003, as supplemented by that Second Supplemental Indenture (the “Second Supplemental Indenture”), dated April 7, 2004, each by and among the Issuer, the Guarantors (defined therein) and the Trustee (the Base Indenture together with the Second Supplemental Indenture, as amended and supplemented, the “Indenture”), providing for the issuance of the 2.25% Convertible Senior Notes due 2024 in the principal amount of up to One Hundred Seventy-Five Million and 00/100 Dollars ($175,000,000).
FIRST SUPPLEMENTAL INDENTUREFirst Supplemental Indenture • August 10th, 2009 • Massey Energy Co • Bituminous coal & lignite surface mining • New York
WHEREAS, the Issuer, the Guarantors and the Trustee executed that certain Indenture, dated as of December 21, 2005, by and among the Issuer, the Guarantors (defined therein) and the Trustee (the “Indenture”), providing for the issuance of the 6.875% Senior Notes due 2013 in the principal amount of up to Seven Hundred Sixty Million and 00/100 Dollars ($760,000,000).
