First Amendment to Amended and Restated Credit Agreement between A. T. Massey Coal Company, Inc. and Lenders
This amendment, effective March 12, 2007, modifies Section 5.01(d)(iii) of the Amended and Restated Credit Agreement originally dated August 15, 2006, between A. T. Massey Coal Company, Inc. and its lenders. The amendment clarifies the requirements for the accounting firm's report on the company's financial statements, specifically regarding the identification of any defaults under Section 6.08. The amendment is executed by A. T. Massey Coal Company, Inc. as the administrative borrower and agent for other loan parties.
EXHIBIT 10.1
FIRST AMENDMENT TO
AMENDED AND RESTATED CREDIT AGREEMENT
Effective March 12, 2007, Section 5.01(d)(iii) of the Amended and Restated Credit Agreement dated as of August 15, 2006 was amended and restated as follows:
| (iii) | in the case of paragraph (a) of this Section 5.01, a report of the accounting firm opining on or certifying such financial statements stating that in the course of its regular audit of the financial statements of Holdings and its Subsidiaries, which audit was conducted in accordance with GAAP, such accounting firm obtained no knowledge that any Default has occurred under Section 6.08 or, if in the opinion of such accounting firm such a Default has occurred under Section 6.08, specifying the nature and extent thereof; |
As evidence of the adoption of this amendment to the Amended and Restated Credit Agreement, A. T. Massey Coal Company, Inc., Administrative Borrower, individually and as agent on behalf of the other Loan Parties, has caused this document to be signed by its undersigned officer effective this 10th day of May 2007.
| A. T. MASSEY COAL COMPANY, INC. | ||
| /s/ Richard R. Grinnan | ||
| Name: | Richard R. Grinnan | |
| Its: | Vice President and Corporate Secretary | |
