EX-10.1



 Exhibit 10.1 

EXECUTION VERSION 
 AMENDMENT
NO. 5 AND CONSENT TO CREDIT AGREEMENT 
 THIS AMENDMENT NO. 5 AND CONSENT TO CREDIT AGREEMENT (this “Amendment”), dated
as of February 2, 2017, is among SunCoke Energy, Inc., a Delaware corporation (the “Borrower”), the several banks and other financial institutions or entities signatories hereto (the “Lenders”), and JPMorgan
Chase Bank, N.A., as Administrative Agent for the Lenders (the “Administrative Agent”). 
 RECITALS 

A. The Borrower, the Lenders and the Administrative Agent are parties to a Credit Agreement, dated as of July 26, 2011, as amended by
Amendment No. 1 thereto, dated as of January 24, 2013, by Amendment No. 2 thereto, dated as of January 13, 2015, by Amendment No. 3 thereto, dated as of April 21, 2015 and by Amendment No. 4 thereto, dated as of
November 16, 2015 (as amended, the “Credit Agreement”). 
 B. The Borrower has requested that the Credit Agreement be
amended in the manner set forth herein. 
 C. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants set forth in this
Amendment, the Borrower, the Administrative Agent, and each Lender party hereto agree as follows: 
 Section 1. Definitions.
Capitalized terms used and not defined in this Amendment shall have the respective meanings given them in the Credit Agreement. 

Section 2. Amendments to Credit Agreement. The Credit Agreement is amended, as of the Fifth Amendment Effective Date (as defined
below), as follows: 
 (a) Section 1.1 of the Credit Agreement is hereby amended by adding the following new definition in the
appropriate alphabetic order: 
 ““Bail-In Action”: the exercise of any Write-Down and Conversion
Powers by the applicable EEA Resolution Authority in respect of any liability of an EEA Financial Institution. 

“Bail-In Legislation”: with respect to any EEA Member Country implementing Article 55 of Directive 2014/59/EU
of the European Parliament and of the Council of the European Union, the implementing law for such EEA Member Country from time to time which is described in the EU Bail-In Legislation Schedule. 

“EEA Financial Institution”: (a) any credit institution or investment firm established in any EEA Member
Country which is subject to the supervision of an EEA Resolution Authority, (b) any entity established in an EEA Member Country which is a parent of an institution described in clause (a) of this definition, or (c) any financial
institution established in an EEA Member Country which is a subsidiary of an institution described in clauses (a) or (b) of this definition and is subject to consolidated supervision with its parent. 







 “EEA Member Country”: any of the member states of the European
Union, Iceland, Liechtenstein, and Norway. 
 “EEA Resolution Authority”: any public administrative
authority or any person entrusted with public administrative authority of any EEA Member Country (including any delegee) having responsibility for the resolution of any EEA Financial Institution. 

“EU Bail-In Legislation Schedule”: the EU Bail-In Legislation Schedule published by the Loan Market
Association (or any successor person), as in effect from time to time. 
 “Fifth Amendment Effective Date”:
the meaning provided that term in Amendment No. 5 to Credit Agreement, dated as of February 2, 2017, among the Borrower, the Administrative Agent and the Lenders party thereto. 

“Write-Down and Conversion Powers”: with respect to any EEA Resolution Authority, the write-down and
conversion powers of such EEA Resolution Authority from time to time under the Bail-In Legislation for the applicable EEA Member Country, which write-down and conversion powers are described in the EU Bail-In Legislation Schedule.” 

(b) Clause (d) of the definition of “Defaulting Lender” set forth in section 1.1 of the Credit Agreement is hereby amended in
its entirety to read as follows: 
 “(d) has (i) has become the subject of a Bankruptcy Event or (ii) become
the subject of a Bail-in Action.” 
 (c) The definition of “L/C Commitment” set forth in Section 1.1 of the Credit
Agreement is hereby amended in its entirety to read as follows: 
 ““L/C Commitment”: with respect to
each Issuing Lender, the commitment of such Issuing Lender to issue Letters of Credit pursuant to Section 3.1. The amount of each Issuing Lender’s L/C Commitment as of the Fifth Amendment Effective Date is set forth on Schedule
3.1. The L/C Commitments are part of, and not in addition to, the Revolving Commitment. On the Fifth Amendment Effective Date the aggregate L/C Commitments of all of the Issuing Lenders is $50,000,000.” 

(d) The last sentence of the definition of “Revolving Commitment” set forth in Section 1.1 of the Credit Agreement is hereby
amended in its entirety to read as follows: 
 “The total amount of the Total Revolving Commitments as of the Fifth
Amendment Effective Date is $125,000,000.” 
 (e) The definition of “Revolving Termination Date” set forth in
Section 1.1 of the Credit Agreement is hereby amended in its entirety to read as follows: 
 ““Revolving
Termination Date”: December 1, 2018.” 

  
 2 








 (f) Section 1.1 of the Credit Agreement is hereby amended by deleting the definitions of
“Swingline Commitment”, “Swingline Exposure”, “Swingline Lender”, “Swingline Loans” and “Swingline Participation Amount”. 

(g) The first sentence of Section 2.5 of the Credit Agreement is hereby amended by replacing “(b) one Business Day prior to the
requested Borrowing Date, in the case of ABR Loans (provided that any such notice of borrowing of ABR Loans under the Revolving Facility to finance payments required by Section 3.5 may be given not later than 10:00 A.M. New York
City time, on the date of the proposed borrowing)” with “(b) on the requested Borrowing Date, in the case of ABR Loans” 

(h) Section 2.6 of the Credit Agreement is hereby amended in its entirety to read as follows: 

“2.6 [Reserved].” 

(i) Section 2.7 of the Credit Agreement is hereby amended in its entirety to read as follows: 

“2.7 [Reserved].” 

(j) Section 3.1(a) of the Credit Agreement is hereby amended by: (x) inserting “(i) the Issuing Lender’s L/C Commitment
would exceed such Issuing Lender’s L/C Commitment set forth on Schedule 3.1,” after the phrase “after giving effect to such issuance,”, (y) replacing “(i) the L/C Obligations would exceed the L/C Commitment”
with “(ii) the L/C Obligations would exceed the aggregate L/C Commitments” and (z) replacing “(ii)” in the first sentence thereof with “(iii)”. 

(k) Section 6.9(b) of the Credit Agreement is hereby amended by inserting the following immediately prior to the phrase “For the
avoidance of doubt,”: 
 “Notwithstanding the foregoing, the Administrative Agent shall not enter into any Mortgage
in respect of any real property acquired by the Borrower or any Subsidiary Guarantor after the Fifth Amendment Effective Date until the date that occurs fourteen (14) days after the Administrative Agent has made available to the Lenders (which
may be delivered electronically on IntraLinks/IntraAgency or another relevant website, if any, to which each Lender and the Administrative Agent have access (whether a commercial or third-party website or whether sponsored by the Administrative
Agent)) the following documents in respect of such real property: (i) a completed flood hazard determination from a third party vendor; (ii) if such real property is located in a special flood hazard area, (A) a notification to the
Borrower of that fact and (if applicable) notification to the Borrower that flood insurance coverage is not available and (B) evidence of the receipt by the Borrower of such notice; and (iii) if such notice is required to be provided to
the Borrower and flood insurance is available in the community in which such real property is located, evidence of required flood insurance.” 

(l) Schedule 1.1A to the Credit Agreement is hereby amended to be in the form attached as Schedule 1.1A hereto. 

  
 3 








 (m) Schedule 1.1B to the Credit Agreement is hereby amended to be in the form attached as
Schedule 1.1B hereto. 
 (n) Schedule 3.1 hereto is hereby incorporated into the Credit Agreement as new Schedule 3.1 thereto.

 (o) Schedule 6.13 hereto is hereby incorporated into the Credit Agreement as new Schedule 6.13 thereto. 

(p) Section 6.13 is hereby added to the Credit Agreement to read as follows: 

“6.13 Landlord Collateral Access or Waiver. If at any time the Borrower or any of its Restricted Subsidiaries
sells, conveys or otherwise disposes of fee properties or structures listed on Schedule 6.13 hereto but retains a leasehold interest or otherwise stores or maintains inventory, equipment or other goods of the Borrower or any of its Restricted
Subsidiaries at such location, the Borrower shall, or shall cause such Restricted Subsidiary to, use commercially reasonable efforts to obtain a collateral access agreement or landlord waiver in form and substance satisfactory to the Administrative
Agent in its reasonable discretion.” 
 (q) Section 10.18 is hereby added to the Credit Agreement to read as follows: 

“10.18 Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the
contrary in any Loan Document or in any other agreement, arrangement or understanding among any such parties, each party hereto acknowledges that any liability of any EEA Financial Institution arising under any Loan Document, to the extent such
liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by: 

 

	 	(a)	the application of any Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising hereunder which may be payable to it by any party hereto that is an EEA Financial Institution; and


  

	 	(b)	the effects of any Bail-in Action on any such liability, including, if applicable: 

  

	 	(i)	a reduction in full or in part or cancellation of any such liability; 

  

	 	(ii)	a conversion of all, or a portion of, such liability into shares or other instruments of ownership in such EEA Financial Institution, its parent undertaking, or a bridge institution that may be issued to it or otherwise
conferred on it, and that such shares or other instruments of ownership will be accepted by it in lieu of any rights with respect to any such liability under this Agreement or any other Loan Document; or 


  
 4 









	 	(iii)	the variation of the terms of such liability in connection with the exercise of the write-down and conversion powers of any EEA Resolution Authority.” 


Section 3. Amendment Effectiveness. The effectiveness of this Amendment is subject to the satisfaction of the following conditions
precedent: 
 (a) the Administrative Agent shall have received: 

(i) original counterparts of this Amendment, duly executed by the Borrower, the Administrative Agent and each Revolving Lender;

 (ii) an Acknowledgment and Consent, substantially in the form of Exhibit A, duly executed and delivered by each Subsidiary
Guarantor; and 
 (iii) a certificate signed by a Responsible Officer of the Borrower certifying that (A) each of the
representations and warranties made by any Loan Party in or pursuant to the Loan Documents shall be true and correct in all material respects on and as of the Fifth Amendment Effective Date as if made on and as of such date (except to the extent
(x) any such representations and warranties relate, by their terms, to a specific date, in which case such representations and warranties shall be true and correct in all material respects on and as of such specific date and (y) any such
representations and warranties are qualified by materiality, in which case such representations and warranties shall be true and correct in all respects) and (B) no Default or Event of Default shall have occurred and be continuing on the Fifth
Amendment Effective Date; and 
 (b) the Borrower shall have paid all fees to the Administrative Agent and all fees, charges and
disbursements of counsel to the Administrative Agent, in each case to the extent invoiced at least one (1) day prior to the Fifth Amendment Effective Date, plus such additional amounts of such fees, charges and disbursements as shall constitute
its reasonable estimate of such fees, charges and disbursements incurred or to be incurred by it through the date upon which the Amendment shall be effective (provided that such estimate shall not thereafter preclude a final settling of accounts
between the Borrower and the Administrative Agent). 
 The date on which such conditions have been satisfied (or waived) is referred to
herein as the “Fifth Amendment Effective Date”. 
 Section 4. Representations and Warranties. The Borrower
hereby represents and warrants to the Administrative Agent and each of the Lenders as follows: 
 (a) The Borrower has the corporate power
and authority to make, deliver and perform this Amendment. 
 (b) The Borrower has taken all necessary corporate or organizational action to
authorize the execution, delivery and performance of this Amendment. 

  
 5 








 (c) No consent or authorization of, filing with, notice to or other act by, or in respect of, any
Governmental Authority or any other Person is required in connection with the execution, delivery, performance, validity or enforceability of this Amendment. 

(d) This Amendment constitutes a legal, valid and binding obligation of the Borrower, enforceable against the Borrower in accordance with its
terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights or remedies generally and by general equitable principles (whether enforcement is sought
by proceedings in equity or at law). 
 (e) The execution, delivery and performance of this Amendment will not (a) violate any
Requirement of Law or any Contractual Obligation of any Group Member, except where any such violation would not reasonably be expected to result in a Material Adverse Effect, or (b) result in, or require, the creation or imposition of any Lien
on any of their respective properties or revenues pursuant to any Requirement of Law or any such Contractual Obligation (other than the Liens created by the Security Documents), except where any such creation or imposition of any such Lien would not
reasonably be expected to have a Material Adverse Effect. 
 (f) Before and after giving effect to this Amendment, no Default or Event of
Default has occurred and is continuing. 
 (g) Since December 31, 2015, there has been no development or event that has had or is
reasonably expected to have a Material Adverse Effect. 
 Section 5. Limited Effect. Except as expressly provided hereby, all of
the terms and provisions of the Credit Agreement and the other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed by the Borrower and the other Loan Parties. The amendments contained herein shall not
be construed as a waiver or amendment of any other provision of the Credit Agreement or the other Loan Documents or for any purpose except as expressly set forth herein or a consent to any further or future action on the part of the Borrower or the
other Loan Parties that would require the waiver or consent of the Administrative Agent or the Lenders. 
 Section 6. Effect of
Amendment. On and after the Fifth Amendment Effective Date, each reference to the Credit Agreement in any Loan Document shall be deemed to be a reference to the Credit Agreement, as amended by this Amendment. On and after the Fifth Amendment
Effective Date, this Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents. On and after the Fifth Amendment Effective Date, the terms “Agreement”, “this
Agreement”, “herein”, “hereinafter”, “hereto”, “hereof”, and words of similar import, as used in the Term Loan Agreement, shall, unless the context otherwise requires, mean the Credit Agreement. 

Section 7. Consent. The Administrative Agent and the Required Lenders hereby consent to release the Mortgage with respect to the
structures listed on Schedule 6.13 hereto. 
 Section 8. Counterparts. This Amendment may be executed by all parties
hereto in any number of separate counterparts each of which may be delivered in original, facsimile or other electronic (e.g., “.pdf”) form and all of such counterparts taken together constitute one instrument. 

  
 6 








 Section 9. References. The words “hereby,” “herein,”
“hereinabove,” “hereinafter,” “hereinbelow,” “hereof,” “hereunder” and words of similar import when used in this Amendment refer to this Amendment as a whole and not to any particular article,
section or provision of this Amendment. 
 Section 10. Headings Descriptive. The headings of the several sections of this
Amendment are inserted for convenience only and do not in any way affect the meaning or construction of any provision of this Amendment. 

Section 11. Governing Law. This Amendment is governed by and will be construed in accordance with the law of the State of New
York. 
 Section 12. Final Agreement of the Parties. THIS AMENDMENT, THE CREDIT AGREEMENT AND THE OTHER LOAN DOCUMENTS REPRESENT
THE FINAL AGREEMENT AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES. 

[Signatures on following pages.] 

  
 7 








 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be made, executed and
delivered by their duly authorized officers as of the day and year first above written. 
  

			
	SUNCOKE ENERGY, INC.
		
	By:	 	 /s/ Fay West

	Name:	 	Fay West
	Title:	 	Senior Vice President and Chief Financial Officer


 Signature Page to 

Amendment No. 5 to SXC Credit Agreement 







 
			
	 JPMORGAN CHASE BANK, N.A., as

Administrative Agent and as a Lender

		
	By:	 	 /s/ Peter S. Predun

	Name:	 	Peter S. Predun
	Title:	 	Executive Director


 Signature Page to 

Amendment No. 5 to SXC Credit Agreement 







 
			
	BANK OF AMERICA, N.A., as a Lender
		
	By:	 	 /s/ Jonathan M. Phillips

	Name:	 	Jonathan M. Phillips
	Title:	 	Senior Vice President


 Signature Page to 

Amendment No. 5 to SXC Credit Agreement 







 
			
	Branch Banking and Trust Company, as a Lender
		
	By:	 	 /s/ Max N. Greer III

	Name:	 	Max N. Greer III
	Title:	 	Senior Vice President


 Signature Page to 

Amendment No. 5 to SXC Credit Agreement 







 
			
	BARCLAYS BANK PLC, as a Lender
		
	By:	 	 /s/ Christopher M. Aitkin

	Name:	 	Christopher M. Aitkin
	Title:	 	Assistant Vice President


 Signature Page to 

Amendment No. 5 to SXC Credit Agreement 







 
			
	Citibank, N.A., as a Lender
		
	By:	 	 /s/ David Jaffe

	Name:	 	David Jaffe
	Title:	 	Vice President


 Signature Page to 

Amendment No. 5 to SXC Credit Agreement 







 
			
	 Credit Suisse AG, Cayman Islands Branch, as a

Lender

		
	By:	 	 /s/ Mikhail Faybusovich

	Name:	 	Mikhail Faybusovich
	Title:	 	Authorized Signatory
		
	By:	 	 /s/ Nicholas Goss

	Name:	 	Nicholas Goss
	Title:	 	Authorized Signatory


 Signature Page to 

Amendment No. 5 to SXC Credit Agreement 







 
			
	Goldman Sachs Bank USA, as a Lender
		
	By:	 	 /s/ John Rosenthal

	Name:	 	John Rosenthal
	Title:	 	Authorized Signatory


 Signature Page to 

Amendment No. 5 to SXC Credit Agreement 







 
			
	ROYAL BANK OF CANADA, as a Lender
		
	By:	 	 /s/ Jason C. Hedrick

	Name:	 	Jason C. Hedrick
	Title:	 	Authorized Signatory


 Signature Page to 

Amendment No. 5 to SXC Credit Agreement 







 
			
	 TORONTO DOMINION (TEXAS) LLC, as a

Lender

		
	By:	 	 /s/ Rayan Karim

	Name:	 	Rayan Karim
	Title:	 	Authorized Signatory


 Signature Page to 

Amendment No. 5 to SXC Credit Agreement 







 
			
	Wells Fargo Bank, N.A., as a Lender
		
	By:	 	 /s/ Benjamin Livermore

	Name:	 	Benjamin Livermore
	Title:	 	Vice President


 Signature Page to 

Amendment No. 5 to SXC Credit Agreement 







 EXHIBIT A 

FORM OF ACKNOWLEDGMENT AND CONSENT 

Reference is made to the Credit Agreement, dated as of July 26, 2011 (as the same may be amended, amended and restated, supplemented or
otherwise modified from time to time in accordance with its provisions, the “Credit Agreement”), among Suncoke Energy, Inc., a Delaware corporation (the “Borrower”), the several banks and other financial
institutions or entities signatories hereto (the “Lenders”), and JPMorgan Chase Bank, N.A., as administrative agent for the lenders (the “Administrative Agent”). Capitalized terms used and not defined herein
shall have the respective meanings given them in the Credit Agreement. 
 The Borrower and the Revolving Lenders have agreed to amend the
provisions of the Credit Agreement on the terms described in Amendment No. 5 to Credit Agreement, dated as of February 2, 2017 (the “Amendment”). 

Each of the undersigned Subsidiary Guarantors hereby (a) consents to the transactions contemplated by the Amendment,
(b) acknowledges and agrees that the guarantees and Liens granted by such party contained in the Security Documents to which it is a party are, and shall remain, in full force and effect after giving effect to the Amendment and
(c) represents and warrants that the representations and warranties set forth in such Loan Documents are complete and correct in all material respects on the date hereof as if made on and as of such date (except to the extent (x) any such
representations and warranties relate, by their terms, to a specific date, in which case such representations and warranties shall be true and correct in all material respects on and as of such specific date and (y) any such representations and
warranties are qualified by materiality, in which case such representations and warranties shall be true and correct in all respects) and confirms that all references in such Loan Documents to the “Credit Agreement” (or words of similar
import) refer to the Credit Agreement as amended hereby as of such date without impairing any such obligations or Liens in any respect. 







 IN WITNESS WHEREOF, the parties hereto have executed this Acknowledgment and Consent as of
February     , 2017. 
  

	
	Elk River Minerals Corporation
	Indiana Harbor Coke Company
	Indiana Harbor Coke Corporation
	Jewell Coal and Coke Company, Inc.
	Jewell Coke Acquisition Company
	Jewell Coke Company, L.P.,
	 By:   Jewell Coke Acquisition Company,

its general partner

	Jewell Resources Corporation
	Sun Coal & Coke LLC
	SunCoke Energy South Shore LLC,
	 By:   Sun Coal & Coke LLC,

its sole member

	SunCoke Technology and Development LLC


  

			
	By:	 	 /s/ Fay West

	Name:	 	Fay West
	Title:	 	Senior Vice President and Chief Financial
		 	Officer


 Signature Page to 

Acknowledgment and Consent - Amendment No. 5 to SXC Credit Agreement 







 SCHEDULE 1.1A 

Revolving Commitments 
  

					
	 JPMorgan Chase Bank, N.A.
	  	$	20,833,333.36	  
	 Bank of America, N.A.
	  	$	20,833,333.36	  
	 Barclays Bank PLC
	  	$	10,416,666.66	  
	 Citibank, N.A.
	  	$	10,416,666.66	  
	 Credit Suisse AG, Cayman Islands Branch
	  	$	10,416,666.66	  
	 Royal Bank of Canada
	  	$	10,416,666.66	  
	 Goldman Sachs Bank USA
	  	$	10,416,666.66	  
	 Branch Banking and Trust Company
	  	$	10,416,666.66	  
	 Toronto Dominion (Texas) LLC
	  	$	10,416,666.66	  
	 Wells Fargo Bank, National Association
	  	$	10,416,666.66	  
		  	  
	  
	 
	 Total
	  	$	125,000,000.00	  
		  	  
	  
	 








 SCHEDULE 1.1B 

MORTGAGED PROPERTY 

Fee Properties 
  

															
	 Address
	  	Deed
Book /
Page
Number	 	  	Tax ID Number	 	  	County	 	  	 Notes

	 1034 Dismal River Rd.

Oakwood, VA 24631
	  	 	322/534	  	  	 	2HH118016	  	  	 	Buchanan	  	  	There are no structures located on this tract
	 1034 Dismal River Rd.

Oakwood, VA 24631
	  	 	225/578	  	  	 	2HH 118-006	  	  	 	Buchanan	  	  	All structures located thereon are excluded from the collateral package with the exception of “Screening Plant”
	 1034 Dismal River Rd.

Oakwood, VA 24631
	  	 	221/37	  	  	 	2HH 118-007	  	  	 	Buchanan	  	  	All structures located thereon are excluded from the collateral package
	 1034 Dismal River Rd.

Oakwood, VA 24631
	  	 	277/818	  	  	 	007-0961	  	  	 	Buchanan	  	  	All structures located thereon are excluded from the collateral package with the exception of “Old Screening Plant”
					
	Leased Properties	  				  				  				  	
	 Address
	  	Deed
Book /
Page
Number	 	  	Tax ID Number	 	  	County	 	  	 Notes

	 1034 Dismal River Rd.

Oakwood, VA 24631
	  	 	149/193	  	  	 	2HH 118-001	  	  	 	Buchanan	  	  	
	 1034 Dismal River Rd.

Oakwood, VA 24631
	  	 	150/310	  	  	 	2HH 118-002	  	  	 	Buchanan	  	  	
	 1034 Dismal River Rd.

Oakwood, VA 24631
	  	 	150/316	  	  	 	2HH 118-003	  	  	 	Buchanan	  	  	
	 1034 Dismal River Rd.

Oakwood, VA 24631
	  	 	150/314	  	  	 	2HH 118-004	  	  	 	Buchanan	  	  	
	 1034 Dismal River Rd.

Oakwood, VA 24631
	  	 	188/312	  	  	 	2HH 118-005	  	  	 	Buchanan	  	  	
	 1034 Dismal River Rd.

Oakwood, VA 24631
	  	 	437/632	  	  	 	2HH 010-009a	  	  	 	Buchanan	  	  	
	 1034 Dismal River Rd.

Oakwood, VA 24631
	  	 	403/253	  	  	 	2HH 118-021	  	  	 	Buchanan	  	  	
	 1034 Dismal River Rd.

Oakwood, VA 24631
	  	 	438/196	  	  	 	001 019768	  	  	 	Buchanan	  	  	
	 1034 Dismal River Rd.

Oakwood, VA 24631
	  	 	438/190	  	  	 	001 019769	  	  	 	Buchanan	  	  	








 SCHEDULE 3.1 

L/C Commitments 
  

					
	 JPMorgan Chase Bank, N.A.
	  	$	25,000,000	  
	 Bank of America, N.A.
	  	$	25,000,000	  
		  	  
	  
	 
	 Total
	  	$	50,000,000	  








 SCHEDULE 6.13 

Fifth Amendment Released Property 
  

	 	1.	#3 Bathhouse 

  

	 	2.	Electrical Parts storage shed: building that houses hard parts and electrical pieces, dimensions: 16’x38’ 

  

	 	3.	Blue Shed/ladder storage area: building, dimensions, 24’x300’ 

  

	 	4.	Petroleum storage shed w/ three sides 

  

	 	5.	Coke lab/ screening plant/ lunch room building 

  

	 	6.	Building #8 - Warehouse/ office space: 300’ x 100’ (majority warehouse space) 

  

	 	7.	Door repair shop 

  

	 	8.	Shed: 3 sided steel shed 

  

	 	9.	Building #2 - Flat concrete pad/ shed with roof, 110’ x 20’ 

  

	 	10.	Central Shop: 175’ x 50’ 

  

	 	11.	Shed: 3 sided steel shed with roof, 8’ x 30’ 

  

	 	12.	Central Shop Bathhouse: Showers, 20’ x 54’ 

  

	 	13.	Weight room that was used for the mining rescue team: 34’ x 20’ 

  

	 	14.	Electrical Shop: used for electrical repairs, 100’ x 32’ 

 In each case, to the extent located on one
or more of the following tracts: 
  

	 	•	 	Tract having Tax Id# 2HH118016 (listed as Tract 64 in First Amendment to Deed of Trust recorded as instrument 11000228 recorded on September 13, 2011) 


 

	 	•	 	Tract having Tax Id# 2HH 118-006 (listed as Tract 8 in First Amendment to Deed of Trust recorded as instrument 11000229 recorded on September 13, 2011) 


 

	 	•	 	Tract having Tax Id# 2HH 118-007 (listed as Tract 9 in First Amendment to Deed of Trust recorded as instrument 11000229 recorded on September 13, 2011) 









	 	•	 	Tract having Tax Id# 007-0961 (listed as Tract 10 in First Amendment to Deed of Trust recorded as instrument 11000229 recorded on September 13, 2011)