FORESIGHT ENERGY LLC, FORESIGHT ENERGY FINANCE CORPORATION, THE GUARANTORS FROM TIME TO TIME PARTIES HERETO AND WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEEIndenture • April 3rd, 2017 • Foresight Energy LP • Bituminous coal & lignite mining • New York
INDENTURE dated as of March 28, 2017 among Foresight Energy LLC, a Delaware limited liability company (including any successor thereof, the “Company”), Foresight Energy Finance Corporation, a Delaware corporation (“Co-Issuer,” and together with the Company, the “Issuers”), the Guarantors (including any successor thereof, as defined herein) and Wilmington Trust, National Association, as trustee (including any successor thereof, the “Trustee”).
COLLATERAL TRUST AGREEMENT dated as of March 28, 2017 amongCollateral Trust Agreement • April 3rd, 2017 • Foresight Energy LP • Bituminous coal & lignite mining • New York
COLLATERAL TRUST AGREEMENT, (as amended, supplemented, amended and restated or otherwise modified from time to time, this “Agreement”) dated as of March 28, 2017 among FORESIGHT ENERGY LLC, a Delaware limited liability company (the “Borrower”), the Grantors from time to time party hereto, THE HUNTINGTON NATIONAL BANK, as Administrative Agent, WILMINGTON TRUST, NATIONAL ASSOCIATION, as Trustee, and LORD SECURITIES CORPORATION, as Collateral Trustee (in such capacity and together with its successors in such capacity, the “Collateral Trustee”).
CREDIT AND GUARANTY AGREEMENT among FORESIGHT ENERGY LLC, as Borrower,Assignment and Assumption Agreement • April 3rd, 2017 • Foresight Energy LP • Bituminous coal & lignite mining • New York
This CREDIT AND GUARANTY AGREEMENT (as amended, supplemented or otherwise modified, the “Agreement”) is entered into as of March 28, 2017, among FORESIGHT ENERGY LLC, a Delaware limited liability company (the “Borrower”), FORESIGHT ENERGY LP, a Delaware limited partnership (“Holdings”), CERTAIN SUBSIDIARIES OF BORROWER, as Guarantors, each lender from time to time party hereto (collectively, the “Lenders” and, individually, a “Lender”), THE HUNTINGTON NATIONAL BANK, as Facilities Administrative Agent, LORD SECURITIES CORPORATION, as Term Administrative Agent, GOLDMAN SACHS LENDING PARTNERS LLC, THE HUNTINGTON NATIONAL BANK, DEUTSCHE BANK SECURITIES INC and CITIGROUP GLOBAL MARKETS INC, as joint lead arrangers and joint bookrunners, and GOLDMAN SACHS LENDING PARTNERS LLC, as sole syndication agent (in such capacity, the “Syndication Agent”).
EIGHTH AMENDMENT TO CREDIT AGREEMENT AND FOURTH AMENDMENT TO GUARANTY (SUGAR CAMP ENERGY, LLC)Credit Agreement And • April 3rd, 2017 • Foresight Energy LP • Bituminous coal & lignite mining • New York
This EIGHTH AMENDMENT TO CREDIT AGREEMENT AND FOURTH AMENDMENT TO GUARANTY (this “Eighth Amendment”) is entered into as of March 28, 2017 (the “Effective Date”) by and among Sugar Camp Energy, LLC, as borrower (“Borrower”), Foresight Energy LLC, as guarantor (“Guarantor”), the undersigned Lender (constituting all Lenders under the Credit Agreement as of the Eighth Amendment Effective Date), Crédit Agricole Corporate and Investment Bank (formerly known as Calyon New York Branch), as Administrative Agent (in such capacity, together with its successors appointed pursuant to Section 11.7 of the Credit Agreement, “Administrative Agent”), and Crédit Agricole Corporate and Investment Bank Deutschland, Niederlassung Einer Französischen Société Anonyme (formerly known as CALYON Deutschland Niederlassung einer französischen Societé Anonyme), in its capacity as Hermes Agent (in such capacity, together with its successors appointed pursuant to Section 11.7 of the Credit Agreement, “Hermes Agent”).
PRIORITY LIEN DEBT PLEDGE AND SECURITY AGREEMENT dated as of March 28, 2017 between EACH OF THE GRANTORS PARTY HERETO and LORD SECURITIES CORPORATION, AS PRIORITY LIEN COLLATERAL TRUSTEEPriority Lien Debt Pledge and Security Agreement • April 3rd, 2017 • Foresight Energy LP • Bituminous coal & lignite mining • New York
This PRIORITY LIEN DEBT PLEDGE AND SECURITY AGREEMENT, dated as of March 28, 2017 (as it may be amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), between Foresight Energy LLC, a Delaware limited liability company (the “Borrower”) and each of the subsidiaries of the Borrower party hereto from time to time, whether as an original signatory hereto or as an Additional Grantor (as herein defined) (each, a “Grantor”), and Lord Securities Corporation, as collateral trustee for the Secured Parties (as herein defined) (in such capacity as collateral trustee, together with its successors and permitted assigns, the “Priority Lien Collateral Trustee”).
EIGHTH AMENDMENT TO CREDIT AGREEMENT AND FOURTH AMENDMENT TO GUARANTY (HILLSBORO ENERGY LLC)Credit Agreement • April 3rd, 2017 • Foresight Energy LP • Bituminous coal & lignite mining • New York
This EIGHTH AMENDMENT TO CREDIT AGREEMENT AND FOURTH AMENDMENT TO GUARANTY (this “Eighth Amendment”) is entered into as of March 28, 2017 (the “Effective Date”) by and among Hillsboro Energy LLC, as borrower (“Borrower”), Foresight Energy LLC, as guarantor (“Guarantor”), the undersigned Lender (constituting all Lenders under the Credit Agreement as of the Eighth Amendment Effective Date), Crédit Agricole Corporate and Investment Bank (formerly known as Calyon New York Branch), as Administrative Agent (in such capacity, together with its successors appointed pursuant to Section 11.7 of the Credit Agreement, “Administrative Agent”), and Crédit Agricole Corporate and Investment Bank Deutschland, Niederlassung Einer Französischen Société Anonyme (formerly known as CALYON Deutschland Niederlassung einer französischen Societé Anonyme), in its capacity as Hermes Agent (in such capacity, together with its successors appointed pursuant to Section 11.7 of the Credit Agreement, “Hermes Agent”). T
PARITY LIEN DEBT PLEDGE AND SECURITY AGREEMENT dated as of March 28, 2017 between EACH OF THE GRANTORS PARTY HERETO and LORD SECURITIES CORPORATION, AS PARITY LIEN COLLATERAL TRUSTEESecurity Agreement • April 3rd, 2017 • Foresight Energy LP • Bituminous coal & lignite mining • New York
This PARITY LIEN DEBT PLEDGE AND SECURITY AGREEMENT, dated as of March 28, 2017 (as it may be amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), between Foresight Energy LLC, a Delaware limited liability company (the “Company”), Foresight Energy Finance Corporation, a Delaware corporation (“Co-Issuer” and together with the Company the “Issuers”), and each of the subsidiaries of the Company party hereto from time to time, whether as an original signatory hereto or as an Additional Grantor (as herein defined) (each, a “Grantor”), and Lord Securities Corporation, as collateral trustee for the Secured Parties (as herein defined) (in such capacity as collateral trustee, together with its successors and permitted assigns, the “Parity Lien Collateral Trustee”).
