SECOND AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT dated as of May 15, 2019 among CLOUD PEAK ENERGY RECEIVABLES LLC, as Seller, CLOUD PEAK ENERGY RESOURCES LLC, a debtor and debtor-in-possession under chapter 11 of the Bankruptcy Code, as...Receivables Purchase Agreement • May 17th, 2019 • Cloud Peak Energy Inc. • Bituminous coal & lignite surface mining • New York
any petition seeking liquidation, reorganization or other relief under any Federal, state or foreign bankruptcy, insolvency, receivership or similar law now or hereafter in effect, (ii) consent to the institution of, or fail to consent in a timely and appropriate manner, any proceeding or petition described in clause (A) above, (iii) apply for or consent to the appointment of a receiver, trustee, custodian, sequestrator, conservator or similar official for the Seller or for a substantial part of its assets, (iv) file an answer admitting the material allegations of a petition filed against it in any such proceeding, (v) make a general assignment for the benefit of creditors or (vi) take any action for the purpose of effecting any of the foregoing or (C) the Seller shall become unable, admit in writing its inability or fail generally to pay its debts as they become due,
SUPERPRIORITY SENIOR SECURED PRIMING DEBTOR-IN-POSSESSION CREDIT AGREEMENT Dated as of May 15, 2019 among CLOUD PEAK ENERGY INC. and THE SUBSIDIARIES OF CLOUD PEAK ENERGY INC. PARTY HERETO, each a Debtor and Debtor-in-Possession under Chapter 11 of...Credit Agreement • May 17th, 2019 • Cloud Peak Energy Inc. • Bituminous coal & lignite surface mining • New York
SUPERPRIORITY SENIOR SECURED PRIMING DEBTOR-IN-POSSESSION CREDIT AGREEMENT dated as of May 15, 2019 (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), among CLOUD PEAK ENERGY INC., a Delaware corporation and a Debtor and Debtor-in-Possession under Chapter 11 of the Bankruptcy Code (“CPE”), the other Persons party hereto from time to time as a “Borrower”, the Persons party hereto from time to time as “Lenders”, and Ankura Trust Company, LLC, as administrative agent (in such capacity, including any sub-agent or any successor or assignee of any of the foregoing, the “Administrative Agent”) and as collateral agent (in such capacity, including any sub-agent or any successor or assignee of any of the foregoing, the “Collateral Agent”) for the Lenders.
