OR ANY OF THE TRANSACTIONS RELATED TO ANY OF
THE SECURED DEBT. THIS WAIVER IS KNOWINGLY, INTENTIONALLY AND VOLUNTARILY MADE
BY MORTGAGOR AND MORTGAGEE, AND MORTGAGOR AND MORTGAGEE EACH ACKNOWLEDGES THAT
NEITHER THE OTHER NOR ANY PERSON ACTING ON BEHALF OF THE OTHER HAS OR HAVE MADE
ANY REPRESENTATIONS OF FACT TO INDUCE THIS WAIVER OF TRIAL BY JURY OR IN ANY WAY
TO MODIFY OR NULLIFY ITS EFFECT. MORTGAGOR AND MORTGAGEE EACH FURTHER
ACKNOWLEDGES THAT IT HAS BEEN REPRESENTED (OR HAS HAD THE OPPORTUNITY TO BE
REPRESENTED) IN THE SIGNING OF THIS AGREEMENT AND IN THE MAKING OF THIS WAIVER
BY INDEPENDENT LEGAL COUNSEL SELECTED OF ITS OWN FREE WILL AND THAT IT HAS HAD
THE OPPORTUNITY TO DISCUSS THIS WAIVER WITH COUNSEL. MORTGAGOR AND MORTGAGEE
EACH AGREES THAT THE SECURED DEBT ARE EXEMPTED TRANSACTIONS UNDER THE
TRUTH-IN-LENDING ACT, 15 U.S.C. SECTION 1601, ET SEQ.
Initials of Mortgagor:
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-18-
ARTICLE IX
[LOCAL LAW PROVISIONS]14
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[SIGNATURE PAGE FOLLOWS]
14 Local counsel to insert.
-19-
IN WITNESS WHEREOF, Mortgagor has on the date set forth in the acknowledgement
hereto, effective as of the date first above written, caused this instrument to
be duly EXECUTED AND DELIVERED by authority duly given.
MORTGAGOR: [
] By:
Name:
Title:
[local counsel to provide form of acknowledgement]
[IN WITNESS WHEREOF, Mortgagee has on the date set forth in the acknowledgement
hereto, effective as of the date first above written, caused this instrument to
be duly EXECUTED AND DELIVERED by authority duly given.
MORTGAGEE: PNC BANK, NATIONAL ASSOCIATION, as Collateral Agent By:
Name:
Title:
[local counsel to provide form of acknowledgement]]
EXHIBIT A
OWNED PROPERTY AND/OR LEASED PROPERTY
[See Attached Page(s) For Legal Description]
SCHEDULE 1
Name of Mortgagor
State of Incorporation
Organization
ID#
S-1
EXHIBIT 1.1(N)(1)
FORM OF
REVOLVING CREDIT NOTE
$
New York, New York [Date]
FOR VALUE RECEIVED, the undersigned, CNX RESOURCES CORPORATION (formerly known
as CONSOL ENERGY INC.), a Delaware corporation (the "Borrower"), hereby promises
to pay to the order of
(the "Lender"), the
lesser of (i) the principal sum of
Dollars (US$
), or (ii) the
aggregate unpaid principal balance of all Revolving Credit Loans made by the
Lender to the Borrower pursuant to the Second Amended and Restated Credit
Agreement, dated as of March 8, 2018, among the Borrower, the Guarantors now or
hereafter party thereto, the Lenders now or hereafter party thereto, PNC Bank,
National Association, as the administrative agent for the Lenders (the
"Administrative Agent") and collateral agent, and JPMorgan Chase Bank, N.A., as
the syndication agent (as amended, restated, modified or supplemented from time
to time, the "Credit Agreement"), payable by 1:00 p.m. on the Expiration Date,
together with interest on the unpaid principal balance hereof from time to time
outstanding from the date hereof at the rate or rates per annum specified by the
Borrower pursuant to, or as otherwise