Second Amendment to Business Combination Agreement among ICG, Inc., CoalQuest Development LLC, International Coal Group, Inc., WLR CoalQuest Holding Corp., and Wholesale Realtors Supply
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Summary
This amendment updates the Business Combination Agreement originally signed on March 31, 2005, and previously amended on May 10, 2005, between ICG, Inc., CoalQuest Development LLC, International Coal Group, Inc., WLR CoalQuest Holding Corp., and Wholesale Realtors Supply. The amendment removes Section 8.01(c) and all references to it from the agreement, and incorporates certain other sections from the original agreement. The changes are effective as of June 29, 2005.
EX-2.6 3 y07947a2exv2w6.txt EX-2.6: SECOND AMENDMENT TO THE BUSINESS COMBINATION AGREEMENT Exhibit 2.6 SECOND AMENDMENT TO BUSINESS COMBINATION AGREEMENT This document (this "Amendment") amends the Business Combination Agreement (the "BCA") dated March 31, 2005, as amended May 10, 2005, among the signatories hereto. The parties agree as follows: 1. Definitions. Capitalized terms herein have the meanings given such terms in the BCA. 2. Amendments. 2.1 Section 8.01(c) of the BCA is hereby amended by deleting such section in its entirety. 2.2 The BCA is amended such that all references to Section 8.01(c) are hereby deleted. 3. Incorporation. Section 10.02 and Article XI of the BCA are hereby incorporated into this Amendment. [Remainder of Page Intentionally Left Blank] Signed on various dates but effective as of June 29, 2005. ICG, INC. By: /s/ William D. Campbell -------------------------------- Name: William D. Campbell Title: Vice President, Secretary & Treasurer COALQUEST DEVELOPMENT LLC By: /s/ Wendy L. Teramoto -------------------------------- Name: Wendy L. Teramoto Title: Manager INTERNATIONAL COAL GROUP, INC. By: /s/ William D. Campbell -------------------------------- Name: William D. Campbell Title: Vice President, Secretary & Treasurer WLR COALQUEST HOLDING CORP. By: /s/ Wilbur L. Ross -------------------------------- Name: Wilbur L. Ross Title: WHOLESALE REALTORS SUPPLY By: WL Ross & Co LLC, on behalf of Wholesale Realtors Supply pursuant to the CoalQuest Instruction/Authorization dated March 25, 2005 By: /s/ Wilbur L. Ross -------------------------------- Name: Wilbur L. Ross Title: CEO and Chairman 2
