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As Of Filer Filing For·On·As Docs:Size Issuer Agent 8/12/09 Cloud Peak Energy Inc. S-1 26:4.8M Merrill Corp/New/FA |
Document/Exhibit Description Pages Size 1: S-1 Registration Statement (General Form) HTML 2.13M 2: EX-3.1 Articles of Incorporation/Organization or By-Laws HTML 18K 3: EX-3.3 Articles of Incorporation/Organization or By-Laws HTML 31K 4: EX-10.1 Material Contract HTML 49K 13: EX-10.10 Material Contract HTML 39K 14: EX-10.11 Material Contract HTML 44K 15: EX-10.12 Material Contract HTML 55K 16: EX-10.13 Material Contract HTML 61K 17: EX-10.14 Material Contract HTML 113K 18: EX-10.15 Material Contract HTML 36K 19: EX-10.16 Material Contract HTML 36K 20: EX-10.17 Material Contract HTML 37K 21: EX-10.18 Material Contract HTML 34K 22: EX-10.19 Material Contract HTML 303K 5: EX-10.2 Material Contract HTML 43K 23: EX-10.20 Material Contract HTML 21K 6: EX-10.3 Material Contract HTML 38K 7: EX-10.4 Material Contract HTML 41K 8: EX-10.5 Material Contract HTML 42K 9: EX-10.6 Material Contract HTML 37K 10: EX-10.7 Material Contract HTML 35K 11: EX-10.8 Material Contract HTML 58K 12: EX-10.9 Material Contract HTML 45K 24: EX-23.1 Consent of Experts or Counsel HTML 11K 25: EX-23.2 Consent of Experts or Counsel HTML 11K 26: EX-23.4 Consent of Experts or Counsel HTML 12K
| Page | (sequential) | | | (alphabetic) | Top | |
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| 1 | 1st Page - Filing Submission | ||||
| " | Exhibit 10.20 | ||||
| " | QuickLinks | ||||
RIO TINTO AMERICA
Kennecott
Energy & Coal
505 South Gillette Avenue
Gillette Wyoming 8271-3009
USA
24 June 1998
Dear Sirs
Facility of up to $800,000,000 with effect from 1 July 1998
We write to offer to make available to you a new credit facility of up to $800,000,000 at anytime outstanding on the following terms:
Please signify your acceptance of the terms contained in this letter by signing and returning to us the enclosed copy of this letter.
Yours
faithfully
Rio Tinto America Inc.
| /s/ SIGNATURE ILLEGIBLE Director/Officer |
||
Agreed & Accepted: |
||
[SIGNATURE ILLEGIBLE] Signature |
June 29, 1998 Date |
|
President & CEO Title |
Rio Tinto America Inc.
100 Quentin Roosevelt Boulevard
Suite 503
Garden City
New York 11530
United States of America
14 June
1999
Kennecott
Energy & Coal Company
505 South Gillette Avenue
Gillette
Wyoming 8271-3009
U.S.A.
Dear Sirs,
Facility of up to $800,000,000 with effect from 1 July 1998
We refer to the letter agreement dated 24 June 1998 between you and us whereby we agreed to make available to you a credit facility of up to $800,000,000 at any time outstanding on the terms set out therein (the "Letter Agreement").
Following our recent discussions, you and we have agreed that the rate of interest payable on borrowings under the credit facility shall be changed. With effect from 1 April 1999, the words "a margin of point three zero per cent (0.30%)" in paragraph 1 (c) of the Letter Agreement shall be deleted and the words "a margin of two point one zero per cent (2.10%)" substituted therefor. The Letter Agreement shall continue in full force and effect amended, with effect from 1 April 1999, as set out above.
This letter shall be governed and construed in accordance with the laws of the State of New York.
We would be grateful if you would signify your agreement with and acceptance of the terms set out in this letter by signing and returning to us the enclosed copy of this letter.
Yours
faithfully,
RIO TINTO AMERICA INC.
| /s/ [SIGNATURE ILLEGIBLE] Authorised Signatory |
We agree with and accept the terms set out in your letter of 14 June 1999 to us of which the above is a true copy.
| Date: | June 28, 1999 |
/s/ [SIGNATURE ILLEGIBLE] V.P. & CFO Kennecott Energy & Coal Company |
RIO
TINTO
| Patricia A. Britton Vice President and Chief Legal Officer |
28 February 2003
Mr. Bret
K. Clayton
President and Chief Executive Officer
Kennecott Energy and Coal Company
505 South Gillette Avenue
Caller Box 3009
Gillette WY 82717-3009
Dear Mr. Clayton,
I refer to the letter agreement dated 24 June 1998, as amended with effect from 1 April 1999, between Kennecott Energy and Coal Company ("KECC") and Rio Tinto America Inc. ("RTA"), whereby RTA agreed to make available to KECC a credit facility of up to $800,000,000 at any time outstanding on the terms set forth therein (the "Letter Agreement").
Following recent discussions, KECC and RTA have agreed the rate of interest payable on borrowings under the credit facility shall be changed. Accordingly, with effect from 1 October 2002, the words "a margin of two point one zero percent (2.10%)" shall be deleted from the Letter Agreement, and the words "a margin of three point six zero percent (3.60%)" substituted therefore. The Letter Agreement shall continue in full force and effect, as amended, with effect from 1 October 2002, as set forth above.
This amending letter agreement shall be governed and construed in accordance with the laws of the state of New York.
I would be grateful if you would signify your agreement with and acceptance of the terms set forth in this amending letter agreement by signing at page two of the enclosed duplicate copy and returning the same to me.
Regards,
| /s/ Patricia A. Britton Patricia A. Britton |
Kennecott Energy and Coal Company agrees with and accepts the terms set forth above in this amending letter agreement with respect to amendment of the 24 June 1998 credit facility between Kennecott Energy and Coal Company and Rio Tinto America Inc.
DATED: |
3/3/03 |
KENNECOTT ENERGY AND COAL COMPANY |
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By: |
/s/ BRET K. CLAYTON BRET K. CLAYTON |
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| Its: | President and Chief Executive Officer | |||||
| This ‘S-1’ Filing | Date | Other Filings | ||
|---|---|---|---|---|
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| Filed on: | 8/12/09 | RW | ||
| 6/28/99 | ||||
| 6/29/98 | ||||
| List all Filings | ||||
As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 9/09/09 SEC UPLOAD¶ 10/03/17 1:67K Cloud Peak Energy Inc. |