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FOURTH SUPPLEMENTAL INDENTURE

Addendum or Modifications

FOURTH SUPPLEMENTAL INDENTURE | Document Parties: ALPHA NATURAL RESOURCES, INC. | ALPHA AUSTRALIA SERVICES, LLC | ALPHA AUSTRALIA, LLC | ALPHA INDIA, LLC | ALPHA NATURAL RESOURCES INTERNATIONAL, LLC | ALPHA NATURAL RESOURCES, INC | ALPHA SUB FIVE, LLC | ALPHA SUB FOUR, LLC | ALPHA SUB ONE, LLC | ALPHA SUB THREE, LLC | ALPHA SUB TWO, LLC | BANK OF NEW YORK MELLON | CORRAL CREEK HOLDING, LLC | FOUNDATION PA COAL COMPANY, LLC | MOUNTAIN MERGER SUB, INC You are currently viewing:
This Addendum or Modifications involves

ALPHA NATURAL RESOURCES, INC. | ALPHA AUSTRALIA SERVICES, LLC | ALPHA AUSTRALIA, LLC | ALPHA INDIA, LLC | ALPHA NATURAL RESOURCES INTERNATIONAL, LLC | ALPHA NATURAL RESOURCES, INC | ALPHA SUB FIVE, LLC | ALPHA SUB FOUR, LLC | ALPHA SUB ONE, LLC | ALPHA SUB THREE, LLC | ALPHA SUB TWO, LLC | BANK OF NEW YORK MELLON | CORRAL CREEK HOLDING, LLC | FOUNDATION PA COAL COMPANY, LLC | MOUNTAIN MERGER SUB, INC

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Title: FOURTH SUPPLEMENTAL INDENTURE
Governing Law: New York     Date: 5/6/2011
Industry: Coal     Law Firm: Cleary Gottlieb     Sector: Energy

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Exhibit 4.12

 

FOURTH SUPPLEMENTAL INDENTURE

 

FOURTH SUPPLEMENTAL INDENTURE, dated as of February 2, 2011 (this “ Supplemental Indenture ”), by and among FOUNDATION PA COAL COMPANY, LLC, a Delaware limited liability company (the “ Company ”), ALPHA NATURAL RESOURCES, INC., a Delaware Corporation (the “ Parent ”), each Domestic Subsidiary of the Parent identified on Annex A hereto (each, a “ New Guarantor ” and together, the “ New Guarantors ”), and THE BANK OF NEW YORK MELLON (formerly known as The Bank of New York), as trustee (the “ Trustee ”), under the Indenture dated as of July 30, 2004 (as supplemented by the Supplemental Indenture dated as of September 6, 2005, the Supplemental Indenture dated as of October 5, 2007, and the Supplemental Indenture dated August 1, 2009, the “ Indenture ”), between the Company, the Guarantors and the Trustee.

 

WITNESSETH

 

WHEREAS, the Company and the existing guarantors have heretofore executed and delivered to the Trustee the Indenture providing for the issuance of 7 1/4% Senior Notes due August 1, 2014 (the “ Notes ”);

 

WHEREAS, Section 4.17 of the Indenture provides that under certain circumstances each New Guarantor shall execute and deliver to the Trustee a supplemental indenture pursuant to which each New Guarantor shall unconditionally guarantee all of the Company’s Obligations under the Notes and the Indenture on the terms and conditions set forth herein (the “ Note Guarantee ”);

 

WHEREAS, all things necessary have been done to make this Supplemental Indenture, when executed and delivered by the Company and the New Guarantors, the legal, valid and binding agreement of the Company and the New Guarantors, according to its terms; and

 

WHEREAS, pursuant to Section 9.01 of the Indenture, the Trustee, the Company and the existing Guarantors are authorized to execute and deliver this Supplemental Indenture.

 

NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt of which is hereby acknowledged, the Company, the Parent, the New Guarantors, the existing Guarantors and the Trustee agree as follows:

 

ARTICLE I

DEFINITIONS

 

Section 1.1.  CAPITALIZED TERMS.  Capitalized terms used herein without definition shall have the meanings assigned to them in the Indenture.

 

ARTICLE II

AMENDMENTS TO INDENTURE

 

Section 2.1.  AGREEMENT TO GUARANTEE.  Each New Guarantor hereby agrees, jointly and severally with all existing Guarantors (if any), to provide an unconditional Guarantee on the terms and subject to the conditions set forth in Article 10 of the Indenture and to be bound by all other applicable provisions of the Notes and the Indenture and to perform all of the obligations and agreements of a Guarantor under the Indenture.

 

 

 


 

 

Section 2.2.  NOTICES.  All notices or other communications to the Company and/or any Guarantor shall be delivered to the following address:

 

Alpha Natural Resources

One Alpha Place

Abingdon, Virginia 24212

 Facsimile No.: (276) 623-4321

Attention: Office of General Counsel

 

  With a copy to:

 

 Cleary Gottlieb Steen


 
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