Agreement (May 5th, 2015)
THIS AGREEMENT ("Agreement") is made and entered into as of March 16, 2015 between The North American Coal Corporation, a Delaware corporation ("NACoal"), and Otter Tail Power Company, a Minnesota corporation ("Otter Tail"), Northern Municipal Power Agency, a political subdivision and municipal corporation of the State of Minnesota ("Northern Municipal"), Montana-Dakota Utilities Co., a division of MDU Resources Group, Inc., a Delaware corporation ("Montana-Dakota"), and Northwestern Corporation, a Delaware corporation doing business as NorthWestern Energy ("NorthWestern" and, together with Otter Tail, Northern Municipal and Montana-Dakota, "Buyer"). All capitalized terms not defined herein shall have the meanings assigned to them in the Lignite Sales Agreement, dated as of October 10, 2012, between Coyote Creek Mining Company, L.L.C., a Nevada limited liability company and subsidiary of NACoal ("Seller"), and Buyer, as amended by First Amendment dated as of January 30, 2014 and as am
KMRC RH, LLC 4111 E. 37th Street North Wichita, KS 67220 (March 9th, 2015)
Reference is made to (i) the Lignite Sales Agreement (the "Producer Coal Supply Agreement"), dated February 28, 2013, between Mississippi Lignite Mining Company ("MLMC") and KMRC RH, LLC ("KMRC") and (ii) the Blocked Account Control Agreement, dated February 19, 2013, by and among KMRC, MLMC and JPMorgan Chase, N.A. (the "Control Agreement") All capitalized terms used herein but not defined have the meanings set forth in the Producer Coal Supply Agreement.