Amendment to Credit Agreement Among A. T. Massey Coal Company, Massey Energy Company, and Lenders (Effective December 14, 2005)
This amendment updates the Credit Agreement originally dated January 20, 2004, between A. T. Massey Coal Company, Massey Energy Company, their subsidiaries, and a group of lenders. Effective December 14, 2005, the amendment increases the maximum total amount allowed from asset sales over any four consecutive quarters to $60 million. All other terms of the original agreement remain unchanged.
EXHIBIT 10.4
Amendment to that Certain Credit Agreement dated January 20, 2004
Effective as of December 14, 2005, Section 6.05(a)(iv)(D) of the Credit Agreement dated as of January 20, 2004, among A. T. Massey Coal Company, Inc. and certain of its subsidiaries, as Borrowers, Massey Energy Company and certain of its subsidiaries, as Guarantors, Wells Fargo Foothill, LLC and Fleet Capital Corporation, as Co-Syndication Agents, General Electric Capital Corporation, as Documentation Agent, The CIT Group/Business Credit, Inc., as Collateral Agent, UBS Securities LLC, as Arranger, UBS AG, Stamford Branch, as Administrative Agent, and UBS Loan Finance LLC, as Swingline Lender, and the lenders party thereto (the “Credit Agreement”), was amended to increased the ceiling on the aggregate permitted consideration received from Asset Sales (as defined therein) in any four consecutive quarters to $60 million.
