INDEPENDENT CONTRACTOR AGREEMENTIndependent Contractor Agreement • December 23rd, 2019 • Cloud Peak Energy Inc. • Bituminous coal & lignite surface mining • New York
THIS INDEPENDENT CONTRACTOR AGREEMENT (this “Agreement”) is made as of December 17, 2019, by and among Jackson Square Advisors LLC (the “Contractor”), Gilbert Nathan, in his individual capacity as the Managing Member of the Contractor (“Nathan”), and Cloud Peak Energy Inc. (“CPE” or the “Company,” and, together with the Contractor and Nathan, the “Parties” and each a “Party”). It is understood that the Services (as defined below) shall be provided not only to CPE, but also to its subsidiaries, and therefore references herein to the “Company” shall include such subsidiaries of CPE as the context requires but without expanding the obligations of CPE hereunder.
STOCKHOLDERS AGREEMENT dated as of December 17, 2019 among CLOUD PEAK ENERGY, INC. and EACH OF THE STOCKHOLDERS PARTY HERETOStockholders Agreement • December 23rd, 2019 • Cloud Peak Energy Inc. • Bituminous coal & lignite surface mining • Delaware
AGREEMENT dated as of December 17, 2019 among (i) Cloud Peak Energy, Inc., a Delaware corporation (the “Corporation”), (ii) each Person (as defined below) identified on Schedule A hereto and (iii) any other Person who shall hereafter become a Party hereto as set forth herein (each Person in clauses (ii) and (iii), a “Stockholder” and collectively, the “Stockholders”).
CLOUD PEAK ENERGY RESOURCES LLC, CLOUD PEAK ENERGY FINANCE CORP., as Issuers, CLOUD PEAK ENERGY INC., as Parent Guarantor, THE SUBSIDIARIES NAMED HEREIN, as Subsidiary Guarantors and WILMINGTON SAVINGS FUND SOCIETY, FSB, as Trustee and Collateral...Cloud Peak • December 23rd, 2019 • Cloud Peak Energy Inc. • Bituminous coal & lignite surface mining • New York
THIS INDENTURE dated as of October 17, 2016 and amended and restated as of December 17, 2019 (the “Indenture”) is among Cloud Peak Energy Resources LLC, a Delaware limited liability company (the “Company”), Cloud Peak Energy Finance Corp., a Delaware corporation (the “Co-issuer” and, together with the Company, the “Issuers”), Cloud Peak Energy Inc., a Delaware corporation (the “Parent Guarantor”), the Subsidiary Guarantors (as defined herein) listed on Schedule A hereto, and WILMINGTON SAVINGS FUND SOCIETY, FSB, a federal savings bank, as Trustee and Collateral Agent (each, as defined below).
AMENDED AND RESTATED SECURITY AGREEMENT dated as of October 17, 2016, as amended on December 17, 2019 by CLOUD PEAK ENERGY RESOURCES LLC CLOUD PEAK ENERGY FINANCE CORP. THE OTHER GRANTORS FROM TIME TO TIME PARTY HERETO in favor of WILMINGTON SAVINGS...Security Agreement • December 23rd, 2019 • Cloud Peak Energy Inc. • Bituminous coal & lignite surface mining • New York
THIS AMENDED AND RESTATED SECURITY AGREEMENT dated as of December 17, 2019 (“Agreement”) among CLOUD PEAK ENERGY RESOURCES LLC, a Delaware limited liability company (the “Company”), CLOUD PEAK ENERGY FINANCE CORP., a Delaware corporation (the “Co-issuer” and, together with the Company, the “Issuers”), CLOUD PEAK ENERGY INC., a Delaware corporation (the “Parent Guarantor”), the Subsidiary Guarantors (as defined herein) listed on Schedule 1 hereto, and WILMINGTON SAVINGS FUND SOCIETY, FSB, a federal savings bank, solely in its capacity as Collateral Agent under the Indenture (as defined below) (the “Collateral Agent”).
