Originator Release by and among Consol Energy Inc.



 Exhibit 10.77 
  
 ORIGINATOR RELEASE 
  
 THIS ORIGINATOR RELEASE is dated as of August 8, 2005 and is entered into by and among CONSOL ENERGY INC., CONSOL SALES COMPANY, CONSOL OF KENTUCKY
INC., CONSOL PENNSYLVANIA COAL COMPANY, CONSOLIDATION COAL COMPANY, ISLAND CREEK COAL COMPANY, WINDSOR COAL COMPANY, MCELROY COAL COMPANY, KEYSTONE COAL MINING COMPANY, EIGHTY-FOUR MINING COMPANY, CNX MARINE TERMINALS INC., CNX GAS COMPANY LLC
(“CNX Gas”), CNX FUNDING CORPORATION (“CNX Funding”), MARKET STREET FUNDING CORPORATION (“Market Street”), LIBERTY STREET FUNDING CORP. (“Liberty Street”), PNC BANK, NATIONAL
ASSOCIATION (“PNC”), and THE BANK OF NOVA SCOTIA (“BNS”). 
  
 Reference is hereby made to that certain Purchase and Sale Agreement dated as of April 30, 2003 by and among CONSOL Sales Company, CONSOL of Kentucky Inc., CONSOL Pennsylvania Coal Company, Consolidation Coal Company,
Island Creek Coal Company, Windsor Coal Company, McElroy Coal Company, Keystone Coal Mining Company, Eighty-Four Mining Company, CNX Marine Terminals Inc., CNX Gas, CNX Funding, and CONSOL Energy Inc. (as amended, supplemented, joined, restated
and/or otherwise modified from time to time, the “Sale Agreement”) and to that certain Receivables Purchase Agreement dated as of April 30, 2003 by and among CONSOL Sales Company, CONSOL of Kentucky Inc., Consol Pennsylvania Coal Company,
Consolidation Coal Company, Island Creek Coal Company, Windsor Coal Company, McElroy Coal Company, Keystone Coal Mining Company, Eighty-Four Mining Company, CNX Marine Terminals Inc., CNX Gas, CNX Funding, CONSOL Energy Inc., Marketstreet, Liberty
Street, PNC, and BNS (as amended, supplemented, restated and/or otherwise modified from time to time, the “RPA”). 
  
 As of the Effective Time (defined below): (A) CNX Gas ceases to be (i) an Originator under the Sale Agreement and (ii) a Sub-Servicer under the RPA, and
(B) all liens on assets of CNX Gas under the Sale Agreement and the RPA are terminated. 
  
 This Originator Release shall become effective upon each of the following conditions being completed to the satisfaction of PNC and BNS (the “Effective Time”): 
  

	 	a)	Each of the parties hereto shall have executed this Originator Release; and 

  

	 	b)	CNX Funding shall provide a pro forma certificate to PNC and BNS setting forth the following: after removal of the CNX Gas Receivables from the facility pursuant to the proposed
release, at the time of such release, the sum of (A) the Capital plus (B) the Total Reserves, shall not exceed the sum of (x) the Net Receivables Pool Balance at such time plus (y) the Conduit Purchasers’ Share of the amount of
Collections then on deposit in the Lock-Box Accounts (other than amounts set aside therein representing Discount and fees). 

  
 [SIGNATURE PAGES FOLLOW] 









 [SIGNATURE PAGE - ORIGINATOR RELEASE] 
  
 IN WITNESS WHEREOF, the parties have executed this Originator Release as of the 8th day of August, 2005. 
  

									
	 	 	 	 	CONSOL ENERGY INC.
					
	 	 	 	 	 	 	 By:
	 	 /s/ John M. Reilly

	 	 	 	 	 	 	 Name:
	 	 John M. Reilly

	 	 	 	 	 	 	 Title:
	 	 Vice President and Treasurer

			
	 	 	 	 	 CONSOL SALES COMPANY
 CONSOL OF KENTUCKY INC.
 CONSOL PENNSYLVANIA COAL
COMPANY
 CONSOLIDATION COAL COMPANY
 ISLAND CREEK COAL COMPANY
 WINDSOR COAL COMPANY
 McELROY COAL COMPANY
 KEYSTONE COAL MINING
CORPORATION

EIGHTY-FOUR MINING COMPANY
 CNX MARINE TERMINALS INC.

			
	 ATTEST:
	 	 	 	 
					
	By:	 	 /s/ Paige M. Greene
	 	 	 	 By:
	 	 /s/ John M. Reilly

	 	 	Paige M. Greene, Assistant Secretary of each Subsidiary listed above on behalf of each such Subsidiary	 	 	 	 	 	John M. Reilly, Treasurer of each Subsidiary listed above on behalf of each such Subsidiary
			
	 ATTEST:
	 	 	 	CNX GAS COMPANY LLC
					
	By:	 	 /s/ Paige M. Greene
	 	 	 	 By:
	 	 /s/ William D. Stanhagen



									
	 Name:
	 	 Paige M. Greene
	 	 	 	 Name:
	 	 William D. Stanhagen

	 Title:
	 	 Assistant Secretary
	 	 	 	 Title:
	 	 Vice President












									
	 ATTEST:
	 	 	 	CNX FUNDING CORPORATION
					
	By:	 	 /s/ Paige M. Greene
	 	 	 	 By:
	 	 /s/ Daniel S. Cangilla

	 Name:
	 	 Paige M. Greene
	 	 	 	 Name:
	 	 Daniel S. Cangilla

	 Title:
	 	 Assistant Secretary
	 	 	 	 Title:
	 	 President











 [SIGNATURE PAGE - ORIGINATOR RELEASE] 
  

			
	MARKET STREET FUNDING
CORPORATION
		
	 By:
	 	 /s/ Doris J. Hearn

	 Name:
	 	 Doris J. Hearn

	 Title:
	 	 Vice President

	
	PNC BANK, NATIONAL ASSOCIATION
		
	 By:
	 	 /s/ John T. Smathers

	 Name:
	 	 John T. Smathers

	 Title:
	 	 Vice President

	
	LIBERTY STREET FUNDING CORP.
		
	 By:
	 	 /s/ Bernard J. Angelo

	 Name:
	 	 Bernard J. Angelo

	 Title:
	 	 Vice President

	
	THE BANK OF NOVA SCOTIA
		
	 By:
	 	 /s/ Norman Last

	 Name:
	 	 Norman Last

	 Title:
	 	 Managing Director