AMENDMENT NO. 3Rights Agreement • November 3rd, 2009 • James River Coal CO • Bituminous coal & lignite surface mining
THIS AMENDMENT NO. 3 (“Amendment No. 3”) to the Rights Agreement (the “Rights Agreement”) dated as of May 25, 2004 and amended as of November 3, 2006 and August 2, 2007, between JAMES RIVER COAL COMPANY, a Virginia corporation (the “Company”), and COMPUTERSHARE TRUST COMPANY, N.A. (successor rights agent to SUNTRUST BANK), as rights agent (the “Rights Agent”), is made by and between the Company and the Rights Agent effective this 3rd day of November, 2009. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Rights Agreement.
