[
11.1.1
Increase of Commitment.
[
11.1.2
Extension of Payment; Reduction of Principal Interest or Fees; Modification of
Terms of Payment.
[
11.1.3
Release of Collateral or Guarantor.
[
11.1.4
Miscellaneous.
[
11.2
No Implied Waivers; Cumulative Remedies.
[
11.3
Expenses; Indemnity; Damage Waiver.
[
11.3.1
Costs and Expenses.
11.3.2
Indemnification by the Borrower.
11.3.3
Reimbursement by Lenders.
11.3.4
Waiver of Consequential Damages, Etc.
11.3.5
Payments.
11.4
Holidays.
11.5
Notices; Effectiveness; Electronic Communication.
[
11.5.1
Notices Generally.
11.5.2
Electronic Communications.
11.5.3
Change of Address, Etc.
11.6
Severability.
11.7
Duration; Survival.
11.8
Successors and Assigns.
11.8.1
Successors and Assigns Generally.
11.8.2
Assignments by Lenders.
11.8.3
Register.
11.8.4
Participations.
11.8.5
Certain Pledges; Successors and Assigns Generally.
11.9
Confidentiality.
11.9.1
General.
11.9.2
Sharing Information With Affiliates of the Lenders.
11.10
Counterparts; Integration; Effectiveness.
11.10.1
Counterparts; Integration; Effectiveness.
11.11
CHOICE OF LAW; SUBMISSION TO JURISDICTION; WAIVER OF VENUE; SERVICE OF PROCESS;
WAIVER OF JURY TRIAL.
11.11.1
Governing Law.
11.11.2
SUBMISSION TO JURISDICTION.
11.11.3
WAIVER OF VENUE.
11.11.4
SERVICE OF PROCESS.
11.11.5
WAIVER OF JURY TRIAL.
11.12
USA Patriot Act Notice.
11.13
Amendment and Restatement.
LIST OF SCHEDULES AND EXHIBITS
SCHEDULES
SCHEDULE 1.1(A)
-
PRICING GRID
SCHEDULE 1.1(B)
-
COMMITMENTS OF LENDERS AND ADDRESSES FOR NOTICES
SCHEDULE 1.1(P)
-
PERMITTED LIENS
SCHEDULE 1.1(R)
-
REAL PROPERTY
SCHEDULE 2.9
-
EXISTING LETTERS OF
CREDIT
SCHEDULE 6.1.1
-
QUALIFICATIONS TO DO
BUSINESS
SCHEDULE 6.1.2
-
SUBSIDIARIES
SCHEDULE 6.1.4
-
NO CONFLICT; MATERIAL
AGREEMENTS; CONSENTS
SCHEDULE 6.1.14
-
ENVIRONMENTAL
DISCLOSURES
SCHEDULE 7.1.1
-
OPINION OF COUNSEL
SCHEDULE 8.1.3
-
INSURANCE
REQUIREMENTS RELATING TO COLLATERAL
SCHEDULE 8.2.1
-
EXISTING INDEBTEDNESS
EXHIBITS
EXHIBIT 1.1(A)
-
ASSIGNMENT AND ASSUMPTION AGREEMENT
EXHIBIT 1.1(C)
-
COLLATERAL ASSIGNMENT
EXHIBIT 1.1(G)(1)
-
GUARANTOR JOINDER
EXHIBIT 1.1(G)(2)
-
GUARANTY AGREEMENT
EXHIBIT 1.1(H)
-
HALLADOR SUBORDINATION AGREEMENT
EXHIBIT 1.1(I)(1)
-
INDEMNITY
EXHIBIT 1.1(I)(2)
-
INTERCOMPANY SUBORDINATION AGREEMENT
EXHIBIT 1.1(M)
-
MORTGAGE
EXHIBIT 1.1(N)(1)
-
REVOLVING CREDIT NOTE
EXHIBIT 1.1(N)(2)
-
SWING LOAN NOTE
EXHIBIT 1.1(N)(3)
-
TERM NOTE
EXHIBIT 1.1(P)
-
PLEDGE AGREEMENT
EXHIBIT 1.1(S)
-
SECURITY AGREEMENT
EXHIBIT 2.5.1
-
LOAN REQUEST
EXHIBIT 2.5.2
-
SWING LOAN REQUEST
EXHIBIT 2.11
-
NEW LENDER JOINDER
EXHIBIT 5.9.7(A)
-
U.S. TAX COMPLIANCE CERTIFICATE (For Foreign Lenders That Are Not Partnerships
For U.S. Federal Income Tax Purposes)
EXHIBIT 5.9.7(B)
-
U.S. TAX COMPLIANCE CERTIFICATE (For Foreign Participants That Are Not
Partnerships For U.S. Federal Income Tax Purposes)
EXHIBIT 5.9.7(C)
-
U.S. TAX COMPLIANCE CERTIFICATE (For Foreign Participants That Are Partnerships
For U.S. Federal Income Tax Purposes)
EXHIBIT 5.9.7(D)
-
U.S. TAX COMPLIANCE CERTIFICATE (For Foreign Lenders That Are Partnerships For
U.S. Federal Income Tax Purposes)
EXHIBIT 8.3.3
-
QUARTERLY COMPLIANCE CERTIFICATE
()
FIRST AMENDED AND RESTATED CREDIT AGREEMENT
THIS FIRST AMENDED AND RESTATED CREDIT AGREEMENT (as hereafter amended, the
"Agreement") is dated as of October ___, 2012 and is made by and among SUNRISE
COAL, LLC, an Indiana limited liability company (the "Borrower"), each of THE
GUARANTORS (as hereinafter defined), the LENDERS (as hereinafter defined), and
PNC BANK, NATIONAL ASSOCIATION, in its capacity as administrative agent for the