0000950137-09-001767 Sample Contracts

THIRD AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • March 12th, 2009 • Arch Coal Inc • Bituminous coal & lignite surface mining • Pennsylvania

THIS THIRD AMENDMENT TO CREDIT AGREEMENT (the “Amendment”), dated as of March 6, 2009, is made by and among ARCH COAL, INC., a Delaware corporation (the “Borrower”), the BANKS party to the Credit Agreement (as hereinafter defined), CITICORP USA, INC., JPMORGAN CHASE BANK, N.A. and WACHOVIA BANK, NATIONAL ASSOCIATION, each in its capacity as co-syndication agent, and BANK OF AMERICA, N.A. (successor by merger to FLEET NATIONAL BANK), as documentation agent, and PNC BANK, NATIONAL ASSOCIATION, in its capacity as administrative agent for the Banks.

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MEMBERSHIP INTEREST PURCHASE AGREEMENT
Membership Interest Purchase Agreement • March 12th, 2009 • Arch Coal Inc • Bituminous coal & lignite surface mining • Colorado

THIS MEMBERSHIP INTEREST PURCHASE AGREEMENT is made and entered into as of this 8th day of March, 2009 (the “Effective Date”), by and between Rio Tinto Sage LLC, a Delaware limited liability company (“Seller”), and Arch Coal, Inc., a Delaware corporation (“Buyer”). Seller and Buyer are sometimes referred to in this Agreement individually as a “Party” and collectively as the “Parties.”

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