0001047469-10-007590 Sample Contracts

NERCO COAL SALES LLC LIMITED LIABILITY COMPANY AGREEMENT
Limited Liability Company Agreement • August 17th, 2010 • Nerco Coal Sales LLC • Bituminous coal & lignite surface mining • Tennessee

THIS LIMITED LIABILITY COMPANY AGREEMENT (this “Agreement”) of NERCO Coal Sales LLC, a Tennessee limited liability company (the “Company”), is entered into as of the 14th day of October 2009, by and between the Company and NERCO Coal LLC, a Delaware limited liability company, as the Sole Member of the Company; and

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AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF SPRING CREEK COAL LLC
Limited Liability Company Agreement • August 17th, 2010 • Nerco Coal Sales LLC • Bituminous coal & lignite surface mining • Delaware

THIS AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT (this “Agreement”) of SPRING CREEK COAL LLC, a Delaware limited liability company (the “Company”), is entered into with effect from the 18th day of September 2008, by and between the Company and NERCO Coal LLC, a Delaware limited liability company, as Sole Member of the Company.

FIRST AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF CORDERO MINING HOLDINGS LLC
Limited Liability Company Agreement • August 17th, 2010 • Nerco Coal Sales LLC • Bituminous coal & lignite surface mining • Delaware

THIS FIRST AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT (this “Agreement”) of CORDERO MINING HOLDINGS LLC, a Delaware limited liability company (the “Company”), is entered into as of 13 November 2009, by and among the Company, Cloud Peak Energy Resources LLC, a Delaware limited liability company (“Resources”), and Cloud Peak Energy Services Company, a Delaware corporation (“CPESC”).

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