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As Of Filer Filing For·On·As Docs:Size Issuer Agent 5/08/09 Alliance Resource Partners LP 10-Q 3/31/09 6:499K RR Donnelley/FA |
Document/Exhibit Description Pages Size
1: 10-Q Quarterly Report HTML 407K
2: EX-10.1 Amendment No. 2 to Letter of Credit Facility HTML 19K
Agreement
3: EX-31.1 Section 302 CEO Certification HTML 13K
4: EX-31.2 Section 302 CFO Certification HTML 13K
5: EX-32.1 Section 906 CEO Certification HTML 8K
6: EX-32.2 Section 906 CFO Certification HTML 8K
| Amendment No. 2 to Letter of Credit Facility Agreement |
Exhibit 10.1
AMENDMENT
OF
LETTER OF CREDIT FACILITY AGREEMENT
Effective October 2, 2008
This document shall serve as an amendment of that Letter of Credit Facility Agreement dated as of the 2nd day of October, 2001, by and between Bank of the Lakes, N.A. (“Lender”), and Alliance Resource Partners, L.P., a Delaware Limited Partnership (“Borrower”) and shall be effective with respect to all Letters of Credit that have been issued pursuant thereto and remain outstanding.
RECITALS
FOR GOOD AND VALUABLE CONSIDERATION, LENDER AND BORROWER hereby agree as follows, to-wit:
| 1. | Amendments |
a. Paragraph 1.29 “Letter of Credit fee”. This paragraph shall be amended to reduce the Letter of Credit fee for any Letter of Credit issued hereunder from .95% per annum to .75% per annum.
b. Paragraph 6.11. Debt is amended to read as follows, to-wit: An event of default occurs under (a) the Letter of Credit Facility Agreement entered into by the Borrower with Fifth Third Bank as of August 30, 2001, as the same may be amended, modified or supplemented from time to time in accordance with the terms thereof, in the amount of $26,000,000.00, or (b) any other indenture, loan agreement, promissory note or other instrument of indebtedness, in the principal amount of $10,000,000.00 or more, to which Borrower or Guarantor is a party and which, in the case of clause (a) or (b), is not cured within any applicable cure period permitted thereunder.
c. Paragraph 8.1. Notices, is amended to provide the following notice requirements:
To Borrower:
ALLIANCE RESOURCE PARTNERS, L.P.
c/o Alliance Resource Management GP, LLC
1717 South Boulder Avenue, Suite 400
Attn: Cary Marshall, Vice-President, Corporate Finance and Treasurer
Telefax: (918)295-7357
with a copy to:
ALLIANCE RESOURCE PARTNERS, L.P.
c/o Alliance Resource Management GP, LLC
1717 South Boulder Avenue, Suite 400
Attn: Brian L. Cantrell, Senior Vice President and Chief Financial Officer
Telefax: (918)295-7361
And to:
Steven C., Schnitzer, Esq.
Katten Muchin Rosenman, LLP
2900 K Street, NW
Suite 200
Telefax: (202)339-8293
To Lender:
BANK OF THE LAKES, NATIONAL ASSOCIATION
12401 E. 86th Street North
Attn: C. M. Gibson, President and Chief Executive Officer
Telefax: (918)274-4707
with a copy to:
Stuart, Biolchini, & Turner
4000 First Place Tower
15 East 5th Street
Attn: Robert F. Biolchini, Esq.
Telefax: (918)582-3033
| 2. | Representations, Warranties, and Covenants |
Borrower represents and warrants that all of the representations and warranties set forth in the Letter of Credit Facility Agreement are true and correct as of the date hereof, and borrower further represents and warrants that borrower has performed all of the covenants which borrower is required to perform under the Letter of Credit Facility Agreement. All representations and warranties in the Letter of Credit Facility Agreement regarding Borrower are true and correct.
| 3. | No Other Amendments |
Except as expressly set forth in this amendment of the Letter of Credit Facility Agreement, all other portions of the loan agreement and related documents as set forth therein and previously executed by Borrower and Guarantor shall remain and are in full force and effect.
WITNESS WHEREOF, BORROWER AND LENDER have caused this amendment of the Letter of Credit Facility Agreement to be duly executed by their properly and duly authorized officers as of the day and year first above written
| “Borrower” | ||||
| ALLIANCE RESOURCE PARTNERS, L.P., a limited partnership | ||||
| By: | ALLIANCE RESOURCE MANAGEMENT GP, LLC, the managing general partner | |||
| By: | ||||
| Name: | Brian L. Cantrell, | |||
| Title: | Senior Vice President – Chief Financial Officer | |||
| Date: April 13, 2009 | ||||
| “Lender” | ||||
| BANK OF THE LAKES, NATIONAL ASSOCIATION | ||||
| By: | /s/ C. M. Gibson | |||
| Name: | C. M. Gibson | |||
| Title: | President and Chief Executive Officer | |||
| Date: April 13, 2009 | ||||
| This ‘10-Q’ Filing | Date | Other Filings | ||
|---|---|---|---|---|
 | ||||
| Filed on: | 5/8/09 | |||
| 4/13/09 | ||||
| For Period End: | 3/31/09 | |||
| 10/2/08 | 4 | |||
| 8/30/01 | ||||
| List all Filings | ||||
As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 2/24/23 Alliance Resource Partners LP 10-K 12/31/22 156:30M Toppan Merrill Bridge/FA 8/26/22 Alliance Resource Partners LP 10-K/A 12/31/21 19:19M Toppan Merrill Bridge/FA 2/25/22 Alliance Resource Partners LP 10-K 12/31/21 153:42M Toppan Merrill Bridge/FA 2/23/21 Alliance Resource Partners LP 10-K 12/31/20 147:24M Toppan Merrill Bridge/FA |