FORM OF CLOUD PEAK ENERGY INC. RESTRICTED STOCK UNIT AGREEMENT DirectorsRestricted Stock Unit Agreement • February 14th, 2013 • Cloud Peak Energy Resources LLC • Bituminous coal & lignite surface mining • Delaware
THIS AGREEMENT, made as of the day of , 2013 (the “Grant Date”), between Cloud Peak Energy Inc., a Delaware corporation (the “Company”), and (the “Grantee”).
AMENDMENT NO. 1 TO GUARANTEE AND SECURITY AGREEMENTExisting Security Agreement • February 14th, 2013 • Cloud Peak Energy Resources LLC • Bituminous coal & lignite surface mining • New York
AMENDMENT NO. 1, dated as of January 18, 2013 (this “Amendment”) to the Guarantee and Security Agreement, dated as of November 25, 2009 (the “Existing Security Agreement”) among Cloud Peak Energy Resources LLC, a Delaware limited liability company (the “Borrower”), the Guarantors party thereto, and Morgan Stanley Senior Funding, Inc., as Administrative Agent (the “Administrative Agent”). Capitalized terms used herein and not otherwise defined herein have the meanings assigned to them in the Existing Security Agreement as amended by this Amendment (as so amended, the “Security Agreement”).
AMENDMENT NO. 2 TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • February 14th, 2013 • Cloud Peak Energy Resources LLC • Bituminous coal & lignite surface mining • New York
AMENDMENT NO. 2, dated as of January 18, 2013 (this “Amendment”) to the Amended and Restated Credit Agreement dated as of November 25, 2009 and amended and restated as of June 3, 2011, as further amended by Amendment No. 1, dated as of June 14, 2012 (as so amended, the “Existing Credit Agreement”) among Cloud Peak Energy Resources LLC, a Delaware limited liability company (the “Borrower”), the Guarantors party thereto, each Lender from time to time party thereto (the “Lenders”), each Issuing Bank party thereto and Morgan Stanley Senior Funding, Inc., as Administrative Agent (the “Administrative Agent”) and Swingline Lender. Capitalized terms used herein and not otherwise defined herein have the meanings assigned to them in the Existing Credit Agreement as amended by this Amendment (as so amended, the “Credit Agreement”).
